HOUSE BILL No. 6253


     November 5, 1998, Introduced by Rep. Crissman and referred to the Committee on Local Government.


        A bill to amend 1967 PA 288, entitled

   "Land division act,"

   by amending section 109 (MCL 560.109), as amended by 1997 PA 87.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2    proposed division within 45 days after the filing of a complete

 3    application for the proposed division with the assessor or other

 4    municipally designated official.  However, a municipality with a

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

 6    county to transfer to the county authority to approve or disap-

 7    prove a division.  An application is complete if it contains

 8    information necessary to ascertain whether the requirements of

 9    section 108 and this section are met.  The assessor or other

10    municipally designated official, or the county official, having

11    authority to approve or disapprove a proposed division, shall


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 1    provide the person who filed the application written notice

 2    whether the application is approved or disapproved and, if disap-

 3    proved, all the reasons for disapproval.  A complete application

 4    for a proposed division shall be approved if, in addition to the

 5    requirements of section 108, all of the following requirements

 6    are met:

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

 8    description and is included in a tentative parcel map showing

 9    area, parcel lines, public utility easements, accessibility, and

10    other requirements of this section and section 108.  The tenta-

11    tive parcel map shall be a scale drawing showing the approximate

12    dimensions of the parcels.

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

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

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

16    as required by the ordinance.  The municipality or county having

17    authority to review proposed divisions may allow a greater depth

18    to width ratio than that otherwise required by this subdivision

19    or an ordinance referred to in subsection (5).  The greater depth

20    to width ratio shall be based on standards set forth in the ordi-

21    nance referred to in subsection (5).  The standards may include,

22    but are not required to include and need not be limited to,

23    exceptional topographic or physical conditions with respect to

24    the parcel and compatibility with surrounding lands.  The depth

25    to width ratio requirements of this subdivision do not apply to a

26    parcel larger than 10 acres, unless an ordinance referred to in

27    subsection (5) provides otherwise, and do not apply to the



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 1    remainder of the parent parcel or parent tract retained by the

 2    proprietor.

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

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

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

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

 7         (e) Each resulting parcel is accessible.

 8          (f) The division meets all of the requirements of section

 9     108. 

10         (F)  (g)  Each resulting parcel that is a development site

11    has adequate easements for public utilities from the parcel to

12    existing public utility facilities.

13         (G) ALL TAXES LEVIED ON THE PARCEL OR TRACT BEING PARTI-

14    TIONED OR SPLIT HAVE BEEN PAID.  A MUNICIPALITY OR COUNTY HAVING

15    AUTHORITY TO APPROVE OR DISAPPROVE A DIVISION MAY WAIVE THE

16    REQUIREMENT OF THIS SUBDIVISION.

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

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

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

20    a parcel created from that parent parcel or parent tract.  A pro-

21    prietor transferring the right to make a division pursuant to

22    this subsection shall within 45 days give written notice of the

23    transfer to the assessor of the city or township where the prop-

24    erty is located on the form prescribed by the state tax commis-

25    sion under section 27a of the general property tax act, 1893 PA

26    206, MCL 211.27a.  The state tax commission shall revise the form





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 1    to include substantially the following questions in the mandatory

 2    information portion of the form:

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

 4    cated divisions under the land division act, 1967 PA 288, MCL

 5    560.101 to 560.293?  If so, how many?"

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

 7    created parcel?  If so, how many?"

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

 9    unless the deed contains a statement as to whether the right to

10    make further divisions exempt from the platting requirements of

11    this act under this section and section 108 is proposed to be

12    conveyed.  The statement shall be in substantially the following

13    form:  "The grantor grants to the grantee the right to make

14    [insert number] division(s) under section 108 of the land divi-

15    sion act,  Act No. 288 of the Public Acts of 1967  1967 PA 288,

16    MCL 560.108."  In the absence of a statement conforming to the

17    requirements of this subsection, the right to make divisions

18    under section 108(2), (3), and (4) stays with the remainder of

19    the parent tract or parent parcel retained by the grantor.

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

21    of Michigan after  the effective date of this act  MARCH 31, 1997

22    shall contain the following statement:  "This property may be

23    located within the vicinity of farm land or a farm operation.

24    Generally accepted agricultural and management practices which

25    may generate noise, dust, odors, and other associated conditions

26    may be used and are protected by the Michigan right to farm

27    act.".



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

 2    of commissioners of a county having authority to approve or dis-

 3    approve a division may adopt an ordinance setting forth the stan-

 4    dards in  section 109(1)(b)  SUBSECTION (1)(B), (c), and (d).

 5    The ordinance may establish a fee for reviews under this section

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

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

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

 9    resulting parcels comply with other ordinances or regulations.






































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