HB-5404, As Passed Senate, December 13, 2012

HOUSE BILL No. 5404

February 15, 2012, Introduced by Reps. Zorn and Somerville and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

     A bill to amend 1967 PA 288, entitled

"Land division act,"

by amending sections 109 and 182 (MCL 560.109 and 560.182), section

109 as amended by 1997 PA 87.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 109. (1) A municipality shall approve or disapprove a

proposed division within 45 days after the filing of a complete

application for the proposed division with the assessor or other

municipally designated official. However, a municipality with a

population of 2,500 or less may enter into an agreement with a

county to transfer to the county authority to approve or disapprove

a division. An application is complete if it contains information

necessary to ascertain whether the requirements of section 108 and

this section are met. The assessor or other municipally designated

official, or the county official, having authority to approve or

disapprove a proposed division, shall provide the person who filed

the application written notice whether the application is approved

or disapproved and, if disapproved, all the reasons for

disapproval. A complete application for a proposed division shall

be approved if, in addition to the requirements of section 108, all

of the following requirements are met:

     (a) Each resulting parcel has an adequate and accurate legal

description and is included in a tentative parcel map showing area,

parcel lines, public utility easements, accessibility, and other

requirements of this section and section 108. The tentative parcel

map shall be a scale drawing showing the approximate dimensions of

the parcels.

     (b) Each resulting parcel has a depth of not more than 4 times

the width or, if an ordinance referred to in subsection (5)

requires a smaller depth to width ratio, a depth to width ratio as

required by the ordinance. The municipality or county having

authority to review proposed divisions may allow a greater depth to

width ratio than that otherwise required by this subdivision or an

ordinance referred to in subsection (5). The greater depth to width

ratio shall be based on standards set forth in the ordinance

referred to in subsection (5). The standards may include, but are

not required to include and need not be limited to, exceptional

topographic or physical conditions with respect to the parcel and

compatibility with surrounding lands. The depth to width ratio

requirements of this subdivision do not apply to a parcel larger

than 10 acres, unless an ordinance referred to in subsection (5)

provides otherwise, and do not apply to the remainder of the parent

parcel or parent tract retained by the proprietor.

     (c) Each resulting parcel has a width not less than that

required by an ordinance referred to in subsection (5).

     (d) Each resulting parcel has an area not less than that

required by an ordinance referred to in subsection (5).

     (e) Each resulting parcel is accessible.

     (f) The division meets all of the requirements of section 108.

     (g) Each resulting parcel that is a development site has

adequate easements for public utilities from the parcel to existing

public utility facilities.

     (h) The division does not isolate a cemetery so that it does

not meet the requirements of either section 102(j)(i) or (ii).

     (2) The right to make divisions exempt from the platting

requirements of this act under section 108 and this section can be

transferred, but only from a parent parcel or parent tract to a

parcel created from that parent parcel or parent tract. A

proprietor transferring the right to make a division pursuant to

this subsection shall within 45 days give written notice of the

transfer to the assessor of the city or township where the property

is located on the a form prescribed by the state tax commission.

under section 27a of the general property tax act, 1893 PA 206, MCL

211.27a. The state tax commission shall revise the form to The form

shall include substantially the following questions in the

mandatory information portion of the form:

     (a) "Did the parent parcel or parent tract have any

unallocated divisions under the land division act, 1967 PA 288, MCL

560.101 to 560.293? If so, how many?"

     (b) "Were any unallocated divisions transferred to the newly

created parcel? If so, how many?"

     (3) A person shall not sell a parcel of unplatted land unless

the deed contains a statement as to whether the right to make

further divisions exempt from the platting requirements of this act

under this section and section 108 is proposed to be conveyed. The

statement shall be in substantially the following form: "The

grantor grants to the grantee the right to make [insert number]

division(s) under section 108 of the land division act, Act No. 288

of the Public Acts of 1967." In the absence of a statement

conforming to the requirements of this subsection, the right to

make divisions under section 108(2), (3), and (4) stays with the

remainder of the parent tract or parent parcel retained by the

grantor.

     (4) All deeds for parcels of unplatted land within the state

of Michigan after the effective date of this act shall contain the

following statement: "This property may be located within the

vicinity of farm land or a farm operation. Generally accepted

agricultural and management practices which may generate noise,

dust, odors, and other associated conditions may be used and are

protected by the Michigan right to farm act.".

     (5) The governing body of a municipality or the county board

of commissioners of a county having authority to approve or

disapprove a division may adopt an ordinance setting forth the

standards authorized in section 109(1)(b) subsection (1)(b), (c),

and (d). The ordinance may establish a fee for reviews under this

section and section 108. The fee shall not exceed the reasonable

costs of providing the services for which the fee is charged.

     (6) Approval of a division is not a determination that the

resulting parcels comply with other ordinances or regulations.

     Sec. 182. (1) The governing body of a municipality in which

the subdivision is situated may require the following as a

condition of approval of a final plat, for all public and private

streets, alleys, and roads in its jurisdiction:

     (a) Conformance to the general plan, conformance to width and

location requirements that it may have adopted and published, and

or greater width than shown on a county or state plan. , but may

However, the governing body shall not require conformance to a

municipal plan that conflicts with a general plan adopted by the

county or state for the location and width of certain streets,

roads, and highways.

     (b) Proper drainage, grading, and construction of approved

materials of a thickness and width provided in its current

published construction standards.

     (c) Installation of bridges and culverts where it deems

considers necessary.

     (d) Submission of complete plans for grading, drainage, and

construction to be prepared and sealed by a civil engineer

registered in the state.

     (e) Completion of all required improvements relative to

streets, alleys, and roads or a deposit by the proprietor with the

clerk of the municipality in the form of cash, a certified check,

or irrevocable bank letter of credit, whichever the proprietor

selects, or a surety bond acceptable to the governing body, in an

amount sufficient to insure completion within the time specified.

     (2) As a condition of approval of the plat, the governing body

may require a deposit to be made in the same manner as provided in

subdivision (e) of subsection (1) (1)(e), to insure performance of

any of the obligations of the proprietor to make required

improvements.

     (3) The governing body shall rebate to the proprietor, as the

work progresses, amounts of any cash deposits equal to the ratio of

the work completed to the entire project.

     (4) The governing body shall reject a plat in any of the

following circumstances:

     (a) Reject a The plat which is isolated from or which isolates

other lands from existing public streets, unless suitable access is

provided.

     (b) Reject a The plat showing shows a street or road name

duplicating one already in use in the municipality, except in

continuing a street or road.

     (c) Reject a The plat showing shows the name of a new street,

alley, or road that is so similar to the one already in existence

in the municipality that permitting such that use in the

subdivision may be confusing for purposes of assessing, mail

delivery, and locating by the public.

     (d) The plat isolates a cemetery so that it does not meet the

requirements of either section 102(j)(i) or (ii).