THREE OAKS TOWNSHIP
BERRIEN COUNTY, MICHIGAN
ORDINANCE NO. 31A
AMENDMENT TO ORDINANCE NO. 31
This Ordinance shall be the First Amendment to Ordinance No. 31, also known as the “Land Division Ordinance of the Township of Three Oaks.”
Section III: Definitions, (D) of Ordinance 31A is hereby amended by the following; (D). “Forty acres or the equivalent either 40 acres, a quarter-quarter section.”
Section IV: Prior Approval Requirements For Land Divisions of Ordinance 31A is hereby amended by the following;
“Land in Three Oaks Township shall not be divided without the prior review and approval from the Three Oaks Township Assessor, in accordance with this ordinance and the State Land Division Act; provided that the following shall be exempted from this requirement:”
Section IV: (B) of Ordinance 31A is hereby amended by the following;
(B) “An applicant shall submit a preliminary drawing or map to scale of not less than that provided for on the application form (1″ to 50ft for 10 acres or less, 1″ to 100ft for parcels of 10 acres to 40 acres and including an accurate legal description of each proposed division, showing the boundary lines dimension and accessibility of each division from the existing or proposed public roads for automobile traffic and public utilities, for preliminary review, approval and/or
denial by the Chairman of the Three Oaks Township Planning Commission for his or her stamped approval. The applicant must than take the stamped approved preliminary map to the assessor for the application process to be started.”
Section V: Application for Land Division Approval, (C) Paragraph two of Ordinance 31A is hereby amended by the following;
(C) “In lieu of such survey map, at the applicant’s option, the applicant may waive the 45 day statutory requirement for a decision on the applicant until such survey map and legal description are filed with the Three Oaks Township Assessor. The Assessor may waive the survey map requirements under certain circumstances such as in the case of farm land for farming purposes and not for development purposes, this may be waived, whereas the foregoing tentative parcel map is deemed to contain adequate information to approve a proposed land division considering the size, simple nature of the divisions and the undeveloped character of the territory within which the proposed division are located. An accurate legal description of all the proposed divisions, however, shall at all times be required.”
Section V: (G) of Ordinance 31A is hereby amended by the following;
(G) “If transfer of division rights are proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer Form 1_4260A.”
Section VI: (A) (B) (C) Procedure for Review of Applications for Land Division Approval of Ordinance 31A is hereby amended by the following;
(A) “Upon receipt of a complete land division application package the Assessor of the Township shall approve with reasonable conditions to assure
compliance with applicable ordinances and the protection of public health, safety and general welfare, or disapprove the land division applied for within 45 days after the receipt of the application package conforming to this Ordinance’s requirements, and shall promptly notify the applicant of the decisions and the
reasons for any denial. If the application package does not conform to this Ordinance requirements and the State Land Division Act the Assessor shall return the same to the applicant for completion and refilling in accordance with this Ordinance and the State Land Division Act.”
(B) “Any person or entity aggrieved by the decision of the Three Oaks Township Assessor within 30 days of said decision may appeal the decision to the Three Oaks Township Zoning Board of Appeals, which shall consider and resolve such appeal by a majority vote of said Board at its next meeting or session affording such time for a 20 day written notice to the applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate hearing.”
(C) This paragraph has been removed
This Ordinance shall become effective eight (8) days after publication. Motion by Mangold, Supported by Mitchell
Ayes; Mangold, Gordon, Cummings-Zabel, Mitchell, Osburn Nays; None
Date: December 10, 2018 By______________________________
Elizabeth Zabel, Clerk
Publishing Date: December 27, 2018
Effective Date: January 7, 2019
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