HOUSE BILL No. 4737 May 1, 1997, Introduced by Reps. Alley, Rhead, Llewellyn, McNutt, Horton, Kukuk, Gernaat, Goschka, Birkholz, Green, Middaugh, Profit, Owen and Mathieu and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 105 and 109 (MCL 560.105 and 560.109), sec- tion 105 as amended and section 109 as added by 1996 PA 591. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 105. Approval of a preliminary plat, or final plat 2 shall be conditioned upon compliance with all of the following: 3 (a) The provisions of this act. 4 (b) Any ordinance or published rules of a municipality or 5 county adopted to carry out the provisions of this act. 6 (c) Any published rules of a county drain commissioner, 7 county road commission, or county plat board adopted to carry out 8 the provisions of this act. 9 (d) The rules of the state transportation department 10 relating to provisions for the safety of entrance upon and H02755'97 * TMV 2 1 departure from the abutting state trunk line highways or 2 connecting streets and relating to the provisions of drainage as 3 required by the department's then currently published standards 4 and specifications. 5 (e) The rules of the department of consumer and industry 6 services for the approval of plats, including forms, certificates 7 of approval, and other required certificates, captioning of 8 plats, and numbering of lots. 9 (f) The rules of the department of environmental quality for 10 the determination and establishment of floodplain areas of 11 rivers, streams, creeks, or lakes, as provided in this act, as 12 published in the state administrative code. 13 (g) The rules of the department of environmental quality 14 relating to suitability of groundwater for on-site water supply 15 for subdivisionsor development sitesnot served by public 16 water or to suitability of soils for subdivisionsor development17sitesnot served by public sewers. The department of environ- 18 mental quality may authorize a city, county, or district health 19 department to carry out the provisions of this act and rules 20 promulgated under this act relating to suitability of groundwater 21 for subdivisionsor development sitesnot served by public 22 water or relating to suitability of soils for subdivisionsor23development sitesnot served by public sewers. The department 24 of environmental quality may require percolation tests and boring 25 tests to determine suitability of soils. When such tests are 26 required, they shall be conducted under the supervision of a 27 registered engineer, registered land surveyor, or registered H02755'97 * 3 1 sanitarian in accordance with uniform procedures established by 2 the department of environmental quality. 3 Sec. 109. (1) A municipality shall approve a proposed divi- 4 sion within 30 days after the filing of the proposed division 5 with the assessor or other locally designated official if, in 6 addition to the requirements of section 108, all of the following 7 requirements are met: 8 (a) Each resulting parcel has an adequate and accurate legal 9 description and is included in a tentative parcel map showing 10 area, parcel lines, public utility easements, accessibility, and 11 other requirements of this section and section 108. The tenta- 12 tive parcel map shall be a scale drawing showing the approximate 13 dimensions of the parcels. 14 (b) Each resulting parcel has a depth of not more than 4 15 times the width or, if an ordinance referred to in section 105(b) 16 requires a smaller depth to width ratio, a depth to width ratio 17 as required by the ordinance. A municipality may allow a greater 18 depth to width ratio than that otherwise required by this subdi- 19 vision or an ordinance referred to in section 105(b). The 20 greater depth to width ratio shall be based on standards set 21 forth in the ordinance referred to in section 105(b). The stan- 22 dards may include, but are not required to include and need not 23 be limited to, exceptional topographic or physical conditions 24 with respect to the parcel and compatibility with surrounding 25 lands. The depth to width ratio requirements of this subdivision 26 do not apply to a parcel larger than 10 acres, unless an 27 ordinance referred to in section 105(b) provides otherwise, and H02755'97 * 4 1 do not apply to the remainder of the parent parcel or parent 2 tract retained by the proprietor. 3 (c) Each resulting parcel has a width not less than that 4 required by an ordinance referred to in section 105(b). 5 (d) Each resulting parcel has an area not less than that 6 required by an ordinance referred to in section 105(b). 7 (e) Each resulting parcel is accessible. 8 (f) The division meets all of the requirements of section 9 108. 10 (g) Each resulting parcel that is a development site has 11all of the following: (i) Public water or health department12approval for on-site water supply under rules described in13section 105(g). (ii) Public sewer or city, county, or district14health department approval for on-site sewage disposal under15rules described in section 105(g). (iii) AdequateADEQUATE 16 easements for public utilities from the parcel to existing public 17 utility facilities. 18 (2) The right to make divisions exempt from the platting 19 requirements of this act under section 108 and this section can 20 be transferred, but only from a parent parcel or parent tract to 21 a parcel created from that parent parcel or parent tract. 22 (3) A person shall not sell a parcel of unplatted land 23 unless the deed contains a statement as to whether the right to 24 make further divisions exempt from the platting requirements of 25 this act under this section and section 108 is proposed to be 26 conveyed. The statement shall be in substantially the following 27 form: "The grantor grants to the grantee the right to make H02755'97 * 5 1 [insert number] division(s) under section 108 of the land 2 division act, Act No. 288 of the Public Acts of 1967." In the 3 absence of a statement conforming to the requirements of this 4 subsection, the right to make such divisions stays with the 5 remainder of the parent tract or parent parcel retained by the 6 grantor. 7 (4) All deeds for parcels of unplatted land within the state 8 of Michigan after the effective date of this act shall contain 9 the following statement: "This property may be located within 10 the vicinity of farm land or a farm operation. Generally 11 accepted agricultural and management practices which may generate 12 noise, dust, odors, and other associated conditions may be used 13 and are protected by the Michigan right to farm act." H02755'97 * Final page. TMV