HOUSE BILL No. 5948


     June 18, 1998, Introduced by Rep. Law and referred to the Committee on Local Government.


        A bill to amend 1978 PA 59, entitled

   "Condominium act,"

   (MCL 559.101 to 559.275) by adding section 171b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 171B.  (1) IF A PROPOSED CONDOMINIUM PROJECT INCLUDES

 2    OR ABUTS ROADS UNDER THE JURISDICTION OF THE COUNTY ROAD COMMIS-

 3    SION, THE DEVELOPER SHALL SUBMIT 3 COPIES OF THE PROPOSED PROJECT

 4    TO THE ENGINEER OR CHAIRPERSON OF THE COUNTY ROAD COMMISSION.

 5         (2) THE COUNTY ROAD COMMISSION MAY ALSO REQUIRE TO BE SUB-

 6    MITTED WITH THE PROPOSED CONDOMINIUM PROJECT A TOPOGRAPHIC MAP

 7    SHOWING DIRECTION OF DRAINAGE AND PROPOSED WIDTHS OF ROADS UNDER

 8    ITS JURISDICTION OR TO COME UNDER ITS JURISDICTION AND PRIVATE

 9    ROADS IN UNINCORPORATED AREAS.

10         (3) WITHIN 30 DAYS AFTER RECEIPT OF THE PROPOSED PROJECT,

11    THE COUNTY ROAD COMMISSION SHALL APPROVE IT AND NOTE ITS APPROVAL


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 1    ON THE COPY TO BE RETURNED TO THE DEVELOPER, OR REJECT IT.  IF

 2    REJECTED, THE REASONS FOR REJECTION AND REQUIREMENTS FOR APPROVAL

 3    SHALL BE GIVEN TO THE DEVELOPER IN WRITING.

 4         (4) A TOWNSHIP MAY ADOPT AN ORDINANCE TO ASSUME THE POWERS

 5    AND DUTIES OF THE COUNTY ROAD COMMISSION UNDER THIS ACT WITH

 6    RESPECT TO REVIEW AND APPROVAL OF THE FOLLOWING:

 7         (A) THE CONNECTION OF PROPOSED ROADS WITHIN A PROPOSED CON-

 8    DOMINIUM PROJECT TO EXISTING ABUTTING PUBLIC RIGHTS OF WAY.

 9         (B) PROVISION FOR ROADS EXTENDING TO THE BOUNDARIES OF THE

10    PROPOSED CONDOMINIUM PROJECT TO MAKE FUTURE ROAD CONNECTIONS.

11         (C) THE NUMBER OF PUBLIC ROAD ACCESS POINTS TO A PROPOSED

12    CONDOMINIUM PROJECT OR A PORTION OF A PROPOSED CONDOMINIUM

13    PROJECT.

14         (5) AN ORDINANCE UNDER SUBSECTION (4) SHALL PROVIDE FOR THE

15    TOWNSHIP'S INDEMNIFICATION OF THE COUNTY ROAD COMMISSION AGAINST

16    CLAIMS ARISING OUT OF THE TOWNSHIP'S PERFORMANCE OF THE FUNCTIONS

17    LISTED IN SUBSECTION (4).  AN ORDINANCE UNDER SUBSECTION (4) DOES

18    NOT SUPERSEDE THE POWERS AND DUTIES OF THE COUNTY ROAD COMMISSION

19    UNDER 1909 PA 283, MCL 220.1 TO 239.6, OR 1969 PA 200, MCL

20    249.321 TO 249.329.

















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