HOUSE BILL No. 4449
March 5, 1997, Introduced by Rep. Brackenridge and referred to the Committee on Agriculture.
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending sections 103, 104, 105, 107, 109, 111, 112, 113, 114,
115, 117, 118, 119, 120, 125, 126, 131, 132, 133, 134, 135, 136,
137, 138, 139, 140, 141, 142, 143, 144, 145, 148, 149, 150, 151,
161, 162, 163, 164, 165, 166, 171, 172, 173, 182, 186, 188, 198,
201a, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
221, 224a, 227a, 229, 241, 241a, 242, 243, 244, 245, 246, 247,
253, 255b, 256, 257, 259, 261, 264, 265, 266, 290, and 291 (MCL
560.103, 560.104, 560.105, 560.107, 560.109, 560.111, 560.112,
560.113, 560.114, 560.115, 560.117, 560.118, 560.119, 560.120,
560.125, 560.126, 560.131, 560.132, 560.133, 560.134, 560.135,
560.136, 560.137, 560.138, 560.139, 560.140, 560.141, 560.142,
560.143, 560.144, 560.145, 560.148, 560.149, 560.150, 560.151,
560.161, 560.162, 560.163, 560.164, 560.165, 560.166, 560.171,
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560.172, 560.173, 560.182, 560.186, 560.188, 560.198, 560.201a,
560.202, 560.203, 560.204, 560.205, 560.206, 560.207, 560.208,
560.209, 560.210, 560.211, 560.212, 560.213, 560.221, 560.224a,
560.227a, 560.229, 560.241, 560.241a, 560.242, 560.243, 560.244,
560.245, 560.246, 560.247, 560.253, 560.255b, 560.256, 560.257,
560.259, 560.261, 560.264, 560.265, 560.266, 560.290, and
560.291), sections 103 and 105 as amended and section 109 as
added by 1996 PA 591, section 117 as amended by 1995 PA 172, sec-
tions 186 and 243 as amended by 1992 PA 214, sections 224a and
227a as amended by 1996 PA 219, and sections 241 and 241a as
amended by 1993 PA 67, and by adding sections 102a, 102b, 110,
114a, 209a, 215, 259a, 264a, and 265a; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 SEC. 102A. AS USED IN THIS ACT:
2 (A) "ABANDON" MEANS TO RELINQUISH CONTROL OF AND RESPONSI-
3 BILITY FOR A ROAD OR ALLEY IN 1 OF THE FOLLOWING MANNERS:
4 (i) BY A RESOLUTION OF ABSOLUTE ABANDONMENT AND DISCONTINU-
5 ANCE BY A COUNTY ROAD COMMISSION UNDER SECTION 18 OF 1909 PA 283,
6 MCL 224.18.
7 (ii) BY THE PROCEDURES ESTABLISHED FOR STATE HIGHWAYS PRO-
8 VIDED IN 1969 PA 296, MCL 247.851 TO 247.861, AND IN 1925 PA 12,
9 MCL 250.111 TO 250.115.
10 (B) "ACCESSIBLE", IN REFERENCE TO A PARCEL, UNLESS THE CON-
11 TEXT CLEARLY INDICATES OTHERWISE, MEANS THAT THE PARCEL MEETS 1
12 OR BOTH OF THE FOLLOWING REQUIREMENTS:
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1 (i) HAS AN AREA WHERE A DRIVEWAY PROVIDES VEHICULAR ACCESS
2 TO AN EXISTING ROAD OR STREET AND MEETS ALL APPLICABLE LOCATION
3 STANDARDS OF THE STATE TRANSPORTATION DEPARTMENT OR COUNTY ROAD
4 COMMISSION UNDER 1969 PA 200, MCL 247.321 TO 247.329, AND OF THE
5 MUNICIPALITY, OR HAS AN AREA WHERE A DRIVEWAY CAN PROVIDE VEHICU-
6 LAR ACCESS TO AN EXISTING ROAD OR STREET AND MEET ALL SUCH APPLI-
7 CABLE LOCATION STANDARDS.
8 (ii) IS SERVED BY AN EXISTING EASEMENT THAT PROVIDES VEHICU-
9 LAR ACCESS TO AN EXISTING ROAD OR STREET AND THAT MEETS ALL
10 APPLICABLE LOCATION STANDARDS OF THE STATE TRANSPORTATION DEPART-
11 MENT OR COUNTY ROAD COMMISSION UNDER 1969 PA 200, MCL 247.321 TO
12 247.329, AND OF THE MUNICIPALITY, OR CAN BE SERVED BY A PROPOSED
13 EASEMENT THAT WILL PROVIDE VEHICULAR ACCESS TO AN EXISTING ROAD
14 OR STREET AND THAT WILL MEET ALL SUCH APPLICABLE LOCATION
15 STANDARDS.
16 (C) "ALLEY" MEANS A RIGHT-OF-WAY SHOWN ON A PLAT THAT
17 AFFORDS SECONDARY ACCESS TO ABUTTING PROPERTY AND THAT IS NOT
18 INTENDED FOR GENERAL TRAFFIC.
19 (D) "APPROVING AUTHORITY" MEANS AN INDIVIDUAL, AGENCY,
20 OFFICE, OR OTHER ENTITY THAT IS DESIGNATED BY THIS ACT AS HAVING
21 RESPONSIBILITY TO APPROVE, REJECT, OR APPROVE WITH CONDITIONS A
22 DIVISION, PLAT, OR OTHER SUBMISSION BY A PROPRIETOR.
23 (E) "CAPTION" MEANS INFORMATION AT THE TOP OF A FINAL PLAT
24 AS REQUIRED BY SECTION 133.
25 (F) "COUNTY DRAIN COMMISSIONER" MEANS THE COUNTY DRAIN COM-
26 MISSIONER, ANOTHER PUBLIC OFFICIAL WHO HAS THE DUTIES OF THE
27 COUNTY DRAIN COMMISSIONER, OR A PUBLIC BODY THAT HAS THE DUTIES
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1 OF THE COUNTY DRAIN COMMISSIONER AS PROVIDED FOR IN THE DRAIN
2 CODE OF 1956, 1956 PA 40, MCL 280.1 TO 280.630.
3 (G) "COUNTY PLAT BOARD" MEANS AN ENTITY HEREBY ESTABLISHED
4 IN EACH COUNTY UNLESS A RESOLUTION TO TRANSFER TO THE APPROPRIATE
5 STATE AGENCIES IS ADOPTED UNDER SECTION 105(1) AND CONSISTING OF
6 6 TO 9 MEMBERS AS FOLLOWS:
7 (i) THE COUNTY CLERK AND THE COUNTY REGISTER OF DEEDS, OR,
8 IF THE OFFICES OF COUNTY CLERK AND REGISTER OF DEEDS ARE COMBINED
9 IN THE COUNTY, THE CLERK REGISTER OF DEEDS. THE COUNTY REGISTER
10 OF DEEDS OR CLERK REGISTER OF DEEDS SHALL SERVE AS CHAIRPERSON.
11 HOWEVER, THE COUNTY PLAT BOARD MAY BY MAJORITY VOTE ELECT THE
12 COUNTY SURVEYOR AS CHAIRPERSON AND THE COUNTY REGISTER OF DEEDS
13 OR CLERK REGISTER OF DEEDS AS VICE-CHAIRPERSON.
14 (ii) THE COUNTY SURVEYOR, IN COUNTIES HAVING A COUNTY
15 SURVEYOR. THE COUNTY SURVEYOR SHALL SERVE AS VICE-CHAIRPERSON
16 SUBJECT TO SUBPARAGRAPH (i).
17 (iii) THE COUNTY DRAIN COMMISSIONER, THE PUBLIC OFFICIAL WHO
18 HAS THE DUTIES OF THE COUNTY DRAIN COMMISSIONER, OR THE CHAIR-
19 PERSON OF THE BODY WHICH HAS THE DUTIES OF THE COUNTY DRAIN
20 COMMISSIONER.
21 (iv) THE CHAIRPERSON OF THE COUNTY ROAD COMMISSION HAVING
22 JURISDICTION, OR A REPRESENTATIVE OF THE COUNTY ROAD COMMISSION
23 WHO HAS BEEN AUTHORIZED TO ACT IN ITS BEHALF.
24 (v) THE MUNICIPAL OR COUNTY ZONING ADMINISTRATOR OR OTHER
25 OFFICIAL HAVING THE AUTHORITY TO ACT IN THE MUNICIPALITY WHERE
26 THE PROPOSED SUBDIVISION IS LOCATED. HE OR SHE SHALL PARTICIPATE
27 IN AT LEAST THE INITIAL COUNTY PLAT BOARD MEETING TO CONSIDER THE
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1 PRELIMINARY PLAT OF A PROPOSED SUBDIVISION AND IN ANY COUNTY PLAT
2 BOARD MEETING TO CONSIDER THE FINAL PLAT. HE OR SHE SHALL SERVE
3 ON THE COUNTY PLAT BOARD SOLELY FOR THE PURPOSES SET FORTH IN
4 SECTION 112(4) AND 149(3).
5 (vi) THE CHIEF ELECTED EXECUTIVE OFFICER OF THE MUNICIPALITY
6 WHERE THE PROPOSED SUBDIVISION IS LOCATED. HE OR SHE SHALL PAR-
7 TICIPATE IN AT LEAST THE INITIAL COUNTY PLAT BOARD MEETING TO
8 CONSIDER THE PRELIMINARY PLAT OF A PROPOSED SUBDIVISION AND IN
9 ANY COUNTY PLAT BOARD MEETING TO CONSIDER THE FINAL PLAT. HE OR
10 SHE SHALL SERVE ON THE COUNTY PLAT BOARD SOLELY FOR THE PURPOSES
11 SET FORTH IN SECTIONS 112(4) AND 149(3).
12 (vii) THE COUNTY TREASURER.
13 (viii) IN A COUNTY ESTABLISHED UNDER 1966 PA 293, MCL 45.501
14 TO 45.521, OR 1973 PA 139, MCL 45.551 TO 45.573, BY DETERMINATION
15 OF THE COUNTY PLAT BOARD, THE COUNTY EXECUTIVE, COUNTY CHIEF
16 ADMINISTRATIVE OFFICER, OR COUNTY MANAGER, OR HIS OR HER DESIG-
17 NEE, AS AN EX OFFICIO MEMBER OF AND STAFF TO THE COUNTY PLAT
18 BOARD.
19 (H) "DAY" MEANS A CALENDAR DAY UNLESS SPECIFICALLY PROVIDED
20 OTHERWISE.
21 (I) "DEVELOPMENT SITE" MEANS ANY PARCEL OR LOT ON WHICH
22 EXISTS OR WHICH IS INTENDED FOR BUILDING DEVELOPMENT OTHER THAN
23 THE FOLLOWING:
24 (i) AGRICULTURAL USE INVOLVING THE PRODUCTION OF PLANTS AND
25 ANIMALS USEFUL TO HUMANS, INCLUDING FORAGES AND SOD CROPS;
26 GRAINS, FEED CROPS, AND FIELD CROPS; DAIRY AND DAIRY PRODUCTS;
27 POULTRY AND POULTRY PRODUCTS; LIVESTOCK, INCLUDING BREEDING AND
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1 GRAZING OF CATTLE, SWINE, AND SIMILAR ANIMALS; BERRIES; HERBS;
2 FLOWERS; SEEDS; GRASSES; NURSERY STOCK; FRUITS; VEGETABLES;
3 CHRISTMAS TREES; AND OTHER SIMILAR USES AND ACTIVITIES.
4 (ii) FORESTRY USE INVOLVING THE PLANTING, MANAGEMENT, OR
5 HARVESTING OF TIMBER.
6 (J) "DIVISION" MEANS THE PARTITIONING OR SPLITTING OF A
7 PARCEL OR TRACT OF LAND BY THE PROPRIETOR THEREOF OR BY HIS OR
8 HER HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUC-
9 CESSORS, OR ASSIGNS FOR THE PURPOSE OF SALE, OR LEASE OF MORE
10 THAN 1 YEAR, OR OF BUILDING DEVELOPMENT THAT RESULTS IN 1 OR MORE
11 PARCELS OF LESS THAN 40 ACRES OR THE EQUIVALENT, AND THAT SATIS-
12 FIES THE REQUIREMENTS OF SECTIONS 108 AND 109. DIVISION DOES NOT
13 INCLUDE A PROPERTY TRANSFER BETWEEN 2 OR MORE ADJACENT PARCELS,
14 IF THE PROPERTY TAKEN FROM 1 PARCEL IS ADDED TO AN ADJACENT
15 PARCEL; AND ANY RESULTING PARCEL SHALL NOT BE CONSIDERED A DEVEL-
16 OPMENT SITE UNLESS THE PARCEL CONFORMS TO THE REQUIREMENTS OF
17 THIS ACT OR THE REQUIREMENTS OF AN APPLICABLE LOCAL ORDINANCE.
18 (K) "EASEMENT" MEANS A GRANT BY THE PROPRIETOR OF THE USE OF
19 LAND FOR A SPECIFIC PURPOSE.
20 (l) "ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED UNDER
21 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO
22 339.2014.
23 (M) "EXEMPT SPLIT" MEANS THE PARTITIONING OR SPLITTING OF A
24 PARCEL OR TRACT OF LAND BY THE PROPRIETOR THEREOF OR BY HIS OR
25 HER HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUC-
26 CESSORS, OR ASSIGNS THAT DOES NOT RESULT IN 1 OR MORE PARCELS OF
27 LESS THAN 40 ACRES OR THE EQUIVALENT. EXEMPT SPLIT DOES NOT
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1 INCLUDE A PROPERTY TRANSFER BETWEEN 2 OR MORE ADJACENT PARCELS,
2 IF THE PROPERTY TAKEN FROM 1 PARCEL IS ADDED TO AN ADJACENT
3 PARCEL, AND ANY RESULTING PARCEL SHALL NOT BE CONSIDERED A DEVEL-
4 OPMENT SITE UNLESS THE PARCEL CONFORMS TO THE REQUIREMENTS OF
5 THIS ACT OR THE REQUIREMENTS OF AN APPLICABLE LOCAL ORDINANCE.
6 (N) "FINAL PLAT" MEANS THE MAP AND OTHER INFORMATION CON-
7 CERNING A SUBDIVISION AS REQUIRED BY SECTIONS 132 TO 151.
8 (O) "FLOODPLAIN" MEANS THE AREA OF LAND ADJOINING A RIVER,
9 STREAM, WATER COURSE, LAKE, OR OTHER SIMILAR BODY OF WATER THAT
10 WILL BE INUNDATED BY A 100-YEAR FLOOD.
11 (P) "FORTY ACRES OR THE EQUIVALENT" MEANS 40 ACRES, A
12 QUARTER-QUARTER SECTION CONTAINING NOT LESS THAN 30 ACRES, OR A
13 GOVERNMENT LOT CONTAINING NOT LESS THAN 30 ACRES.
14 (Q) "GOVERNING BODY" MEANS THE LEGISLATIVE BODY OF A
15 MUNICIPALITY.
16 (R) "GOVERNMENT SURVEY" MEANS THE LAND SURVEYED, SUBDIVIDED,
17 AND MONUMENTED BY THE UNITED STATES PUBLIC LAND SURVEY.
18 (S) "HEALTH DEPARTMENT" MEANS THE CITY, COUNTY, OR DISTRICT
19 HEALTH DEPARTMENT HAVING JURISDICTION.
20 (T) "LAND" MEANS REAL PROPERTY.
21 (U) "LOT" MEANS A MEASURED PORTION OF A PARCEL OR TRACT THAT
22 IS DESCRIBED AND FIXED IN A RECORDED PLAT.
23 (V) "MICHIGAN COORDINATE SYSTEM" MEANS THE SYSTEM DEFINED IN
24 1964 PA 9, MCL 54.231 TO 54.239.
25 (W) "MUNICIPALITY" MEANS A TOWNSHIP, CITY, OR VILLAGE.
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1 (X) "OPEN SPACE" MEANS A LAND AREA OF COMMON USAGE WITHOUT
2 BUILDINGS OTHER THAN THOSE INCIDENTAL TO RECREATIONAL ACTIVITIES,
3 PUBLIC USES, OR PUBLIC UTILITY USES.
4 SEC. 102B. AS USED IN THIS ACT:
5 (A) "OUTLOT" MEANS A LOT SET ASIDE FOR PURPOSES OTHER THAN A
6 DEVELOPMENT SITE OR PARK, OR OTHER LAND DEDICATED TO PUBLIC USE
7 OR RESERVED TO PRIVATE USE.
8 (B) "PARCEL" MEANS AN AREA OF LAND IDENTIFIED BY A LEGAL
9 DESCRIPTION. A PARCEL THAT HAS A COMMON PROPERTY LINE WITH
10 ANOTHER PARCEL UNDER THE SAME OWNERSHIP IS ALSO PART OF A TRACT.
11 (C) "PARENT PARCEL" OR "PARENT TRACT" MEANS A PARCEL OR
12 TRACT, RESPECTIVELY, LAWFULLY IN EXISTENCE ON THE EFFECTIVE DATE
13 OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION.
14 (D) "PLAT" MEANS A MAP OF AND OTHER INFORMATION ABOUT A SUB-
15 DIVISION OF LAND, WHICH MAP IS DRAWN AND INFORMATION IS COMPILED
16 IN CONFORMITY WITH THIS ACT.
17 (E) "PRELIMINARY PLAT" MEANS A MAP SHOWING THE SALIENT FEA-
18 TURES OF A PROPOSED SUBDIVISION SUBMITTED TO AN APPROVING AUTHOR-
19 ITY FOR PURPOSES OF PRELIMINARY CONSIDERATION.
20 (F) "PROPRIETOR" MEANS A PERSON, A PUBLIC CORPORATION OR
21 AUTHORITY, OR A POLITICAL SUBDIVISION OF THE STATE, OR A COMBINA-
22 TION OF ANY OF THEM, THAT HOLDS AN OWNERSHIP INTEREST IN LAND
23 WHETHER RECORDED OR NOT.
24 (G) "PUBLIC SEWER" MEANS A SEWERAGE SYSTEM OPERATING IN COM-
25 PLIANCE WITH PART 41 (SEWERAGE SYSTEMS) OF THE NATURAL RESOURCES
26 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.4101 TO
27 324.4111.
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1 (H) "PUBLIC UTILITY" MEANS A REGULATED ENTITY OR A MUNICIPAL
2 OR OTHER PUBLIC AUTHORITY THAT PROVIDES GAS, ELECTRICITY, WATER,
3 SEWER, STEAM, TELEPHONE, CABLE TELEVISION, OR OTHER SERVICES OF A
4 SIMILAR NATURE.
5 (I) "PUBLIC WATER" MEANS A PUBLIC WATER SUPPLY AS DEFINED BY
6 THE SAFE DRINKING WATER ACT, 1976 PA 399, MCL 325.1001 TO
7 325.1023, AND CLASSIFIED AS TYPE 1 UNDER THE RULES PROMULGATED
8 UNDER THE SAFE DRINKING WATER ACT.
9 (J) "RECORDED PLAT" MEANS A PLAT THAT COMPLIES WITH AND IS
10 APPROVED UNDER THIS ACT OR ANY PREVIOUS ACT SO THAT THE PLAT IS
11 OR MAY BE LEGALLY RECORDED BY THE REGISTER OF DEEDS.
12 (K) "REPLAT" MEANS THE PROCESS OF CHANGING THE CONFIGURATION
13 OR THE BOUNDARIES OF AN EXISTING SUBDIVISION.
14 (l) "RESIDENTIAL LOT" MEANS A LOT INTENDED TO BE USED ON A
15 TEMPORARY OR PERMANENT BASIS FOR A RESIDENTIAL UNIT.
16 (M) "RESIDENTIAL UNIT" MEANS A HOUSE, APARTMENT, OR OTHER
17 DOMICILE OCCUPIED BY AN INDIVIDUAL, OR A FAMILY GROUP OR ITS
18 EQUIVALENT.
19 (N) "RIGHT-OF-WAY" MEANS LAND DEDICATED FOR A ROAD, DRIVE-
20 WAY, ALLEY, WALKWAY, OR OTHER PUBLIC OR PRIVATE PURPOSE.
21 (O) "ROAD" MEANS A ROAD, HIGHWAY, OR STREET THAT AFFORDS THE
22 PRINCIPAL MEANS OF ACCESS TO ABUTTING PROPERTY.
23 (P) "SANITARIAN" MEANS A REGISTERED SANITARIAN REGISTERED
24 UNDER ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL
25 333.16101 TO 333.18838.
26 (Q) "STATE ADMINISTRATOR" MEANS THE DIRECTOR OF CONSUMER AND
27 INDUSTRY SERVICES OR THE DIRECTOR'S DESIGNEE.
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1 (R) "SUBDIVIDE" OR "SUBDIVISION" MEANS THE PARTITIONING OR
2 SPLITTING OF A PARCEL OR TRACT OF LAND BY THE PROPRIETOR THEREOF
3 OR BY HIS OR HER HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRE-
4 SENTATIVES, SUCCESSORS, OR ASSIGNS FOR THE PURPOSE OF SALE, OR
5 LEASE OF MORE THAN 1 YEAR, OR OF BUILDING DEVELOPMENT THAT
6 RESULTS IN 1 OR MORE PARCELS OF LESS THAN 40 ACRES OR THE EQUIVA-
7 LENT, AND THAT IS NOT EXEMPTED FROM THE PLATTING REQUIREMENTS OF
8 THIS ACT BY SECTIONS 108 AND 109. "SUBDIVIDE" OR "SUBDIVISION"
9 DOES NOT INCLUDE A PROPERTY TRANSFER BETWEEN 2 OR MORE ADJACENT
10 PARCELS, IF THE PROPERTY TAKEN FROM 1 PARCEL IS ADDED TO AN ADJA-
11 CENT PARCEL; AND ANY RESULTING PARCEL SHALL NOT BE CONSIDERED A
12 DEVELOPMENT SITE UNLESS THE PARCEL CONFORMS TO THE REQUIREMENTS
13 OF THIS ACT OR THE REQUIREMENTS OF AN APPLICABLE LOCAL
14 ORDINANCE.
15 (S) "SURVEYOR" MEANS A PROFESSIONAL SURVEYOR LICENSED UNDER
16 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO
17 339.2014.
18 (T) "TOPOGRAPHIC MAP" MEANS A MAP SHOWING ELEVATIONS AND
19 OTHER EXISTING PHYSICAL CHARACTERISTICS OF THE LAND WITH CONTOUR
20 LINES AT SUFFICIENT INTERVALS TO PERMIT DETERMINATION OF PROPOSED
21 GRADES AND DRAINAGE.
22 (U) "TRACT" MEANS 2 OR MORE PARCELS THAT SHARE A COMMON
23 PROPERTY LINE AND WHICH ARE UNDER THE SAME OWNERSHIP.
24 (V) "VACATE" MEANS EITHER OF THE FOLLOWING:
25 (i) TO RELINQUISH, TO WHATEVER EXTENT, CONTROL OF AND
26 RESPONSIBILITY FOR LAND DEDICATED TO THE PUBLIC BY AN ACTION OF
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1 THE MUNICIPALITY THAT HAS JURISDICTION OVER THAT LAND AS PROVIDED
2 IN SECTIONS 226 AND 256.
3 (ii) TO CORRECT OR REVISE A RECORDED PLAT, OR A PART OF A
4 RECORDED PLAT, BY A JUDGMENT OR ORDER OF A CIRCUIT COURT AS PRO-
5 VIDED IN SECTION 221.
6 (W) "WALKWAY" MEANS A RIGHT-OF-WAY DEDICATED FOR THE PURPOSE
7 OF NONMOTORIZED ACCESS.
8 (X) "WETLAND" MEANS LAND DEFINED AS WETLAND IN SECTION 30301
9 OF PART 303 (WETLANDS PROTECTION) OF THE NATURAL RESOURCES AND
10 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.30301.
11 (Y) "ZONING ADMINISTRATOR" MEANS A PERSON RESPONSIBLE UNDER
12 A ZONING ORDINANCE FOR DETERMINING IF LANDS PROPOSED FOR SUBDIVI-
13 SION COMPLY WITH ZONING ORDINANCE REQUIREMENTS.
14 (Z) "ZONING ORDINANCE" MEANS AN ORDINANCE ADOPTED UNDER THE
15 AUTHORITY OF ANY OF THE FOLLOWING:
16 (i) THE CITY AND VILLAGE ZONING ACT, 1921 PA 207, MCL
17 125.581 TO 125.600.
18 (ii) THE COUNTY ZONING ACT, 1943 PA 183, MCL 125.201 TO
19 125.240.
20 (iii) THE TOWNSHIP ZONING ACT, 1943 PA 184, MCL 125.271 TO
21 125.310.
22 Sec. 103. (1) An exempt split is not subject to approval
23 under this act so long as the resulting parcels are accessible.
24 A division is not subject to the platting requirements of this
25 act but subject to the requirements of sections 108 and 109. A
26 subdivision is subject to the platting requirements of this act.
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1 (2) Plats of retracement or boundary surveys made by A
2 SURVEYOR OR a department or agency of the United States or of
3 state-owned lands made by a department or agency of the state for
4 the retracement and division of public lands according to the
5 survey instructions issued by the United States department of the
6 interior may be recorded with the register of deeds of the county
7 in which the lands represented on the plats are situated and need
8 not otherwise comply with this act, except that plat size shall
9 be as provided in section 132.
10 (3) IF A REPLAT IS MADE UNDER SECTION 104(A), A SURVEY AND
11 PLAT SHALL BE MADE AND PROCESSED UNDER THIS ACT.
12 (4) (3) A THE PROPRIETOR SHALL HAVE A survey and plat
13 shall be made when any MADE IF AN amendment, correction,
14 alteration, or revision of a recorded plat is ordered by a cir-
15 cuit court.
16 (5) (4) Urban renewal plats authorized by the governing
17 body of a municipality as provided in Act No. 344 of the Public
18 Acts of 1945, being sections 125.71 to 125.84 of the Michigan
19 Compiled Laws 1945 PA 344, MCL 125.71 TO 125.84, shall conform
20 to this act.
21 Sec. 104. A replat of all or any part of a recorded subdi-
22 vision plat may SHALL not be approved or recorded unless proper
23 court action has been taken to vacate the original plat or the
24 specific part thereof BEING REPLATTED, with the following
25 exceptions:
26 (a) When all ALL the owners of lots which are to be part
27 of the replat agree in writing thereto TO THE REPLAT and record
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1 the agreement with the register of deeds, and proof that notice
2 OF BOTH OF THE FOLLOWING IS SUBMITTED WITH THE AGREEMENT:
3 (i) NOTICE to the abutting property owners has been given by
4 certified mail. and the
5 (ii) THE governing body of the municipality in which the
6 land included in the recorded plat is situated , has adopted a
7 resolution or other legislative enactment vacating all areas ded-
8 icated to public use within the proposed replat.
9 (b) Assessors plats THE REPLAT IS AN ASSESSOR'S PLAT made,
10 approved, and recorded as provided for in sections 201 to 213.
11 (c) Urban renewal plats THE REPLAT IS A RENEWAL PLAT
12 authorized by the governing body of a municipality, as provided
13 in Act No. 344 of the Public Acts of 1945, as amended 1945 PA
14 344, MCL 125.71 TO 125.84. Roads, streets, alleys, and other
15 public places shall be vacated in accordance with the provisions
16 of law.
17 Sec. 105. (1) THE COUNTY BOARD OF COMMISSIONERS MAY ADOPT A
18 RESOLUTION TO TRANSFER TO THE STATE ADMINISTRATOR SUCH JURISDIC-
19 TION OVER THE PLAT APPROVAL PROCESS AS IS IDENTIFIED FOR TRANSFER
20 BY SECTIONS 131, 142, 151, 165, 166, 171, 172, 173, 204, 209,
21 209A, 215, 224A, 229, 241, 241A, 242, 244, 245, 255B, 256, AND
22 257 AND TO MAKE APPLICABLE IN THE COUNTY THE STATE RULES
23 DESCRIBED IN SUBSECTION (2)(G).
24 (2) Approval of a preliminary plat , or final plat shall
25 be conditioned upon compliance with all of the following:
26 (a) The provisions of this THIS act.
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1 (b) Any ordinance or published rules of a municipality or
2 county adopted to carry out the provisions of this act.
3 (C) ANY ORDINANCE OF A MUNICIPALITY ADOPTED TO CARRY OUT
4 THIS ACT. THIS SUBDIVISION APPLIES TO MUNICIPALITIES UNTIL THE
5 EXPIRATION OF 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE AMEN-
6 DATORY ACT THAT ADDED THIS SUBDIVISION.
7 (D) AN ORDINANCE OF A MUNICIPALITY IMPOSING GREATER MINIMUM
8 LOT WIDTHS OR LOT AREAS FOR RESIDENTIAL LOTS THAN PRESCRIBED IN
9 THIS ACT OR A ZONING ORDINANCE. THIS SUBDIVISION APPLIES ON OR
10 AFTER THE EXPIRATION OF 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF
11 THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION.
12 (E) (c) Any published rules of a county drain commission-
13 er, co