Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Can our township adopt an ordinance that allows MORE than 10 divisions from the first 10 acres?

Yes. The new Section 108(6) of the Land Division Act expressly permits local ordinances to exceed the state baseline; there is no numerical ceiling imposed on the number of divisions a municipality may authorize. A township that wants to enable higher-density residential development in appropriate areas could adopt an ordinance permitting 12, 15, or more divisions of existing parcels. The ordinance should, however, pair any increased divisions with appropriate development regulations and review standards attending to the increased density. For example, septic fields and stormwater impacts for the new parcels. It should also ensure proposed divisions are consistent with zoning, infrastructure, and master plan requirements.

Recent Articles & Announcements

  1. Does the Board have to respond t...

    No, this is generally something that is up to the Board’s discretion. Michigan’s Open Meetings Act (OMA) only requires that memb...

    Read More
  2. Prosecutorial Discretion vs Sele...

    A common question we get from our clients is whether a township has an obligation to enforce its ordinances. This can be an especially hot t...

    Read More
  3. Spring Cleaning Your Employee Ha...

    Is your employee handbook a legal lifeline, a liability labyrinth, or do you operate with no handbook at all? An outdated handbook is like a...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.