June 15, 2005, Introduced by Reps. Hune and Gosselin and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending section 108 (MCL 560.108), as added by 1996 PA 591.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 108. (1) A division is not subject to the platting
requirements of this act.
(2) Subject
to subsection (3) Except as
otherwise provided
in this section, the division, together with any previous divisions
of the same parent parcel or parent tract, shall result in a number
of parcels not more than the sum of the following, as applicable:
(a) For the first 10 acres or fraction thereof in the parent
parcel or parent tract, 4 parcels.
(b) For each whole 10 acres in excess of the first 10 acres in
the parent parcel or parent tract, 1 additional parcel, for up to a
maximum of 11 additional parcels.
(c) For each whole 40 acres in excess of the first 120 acres
in the parent parcel or parent tract, 1 additional parcel.
(3) For a parent parcel or parent tract of not less than 20
acres, the division may result in a total of 2 parcels in addition
to those permitted by subsection (2) if 1 or both of the following
apply:
(a) Because of the establishment of 1 or more new roads, no
new driveway accesses to an existing public road for any of the
resulting parcels under subsection (2) or this subsection are
created or required.
(b) One of the resulting parcels under subsection (2) and this
subsection comprises not less than 60% of the area of the parent
parcel or parent tract.
(4) A parcel of 40 acres or more created by the division of a
parent parcel or parent tract shall not be counted toward the
number of parcels permitted under subsections (2) and (3) and is
not subject to section 109, if the parcel is accessible.
(5) A parcel or tract created by an exempt split or a division
is not a new parent parcel or parent tract and may be further
partitioned or split without being subject to the platting
requirements of this act if all of the following requirements are
met:
(a) Not less than 10 years have elapsed since the parcel or
tract was recorded.
(b) The partitioning or splitting results in not more than the
following number of parcels, whichever is less:
(i) Two parcels for the first 10 acres or fraction thereof in
the parcel or tract plus 1 additional parcel for each whole 10
acres in excess of the first 10 acres in the parcel or tract.
(ii) Seven parcels or 10 parcels if one of the resulting
parcels under this subsection comprises not less than 60% of the
area of the parcel or tract being partitioned or split.
(c) The partitioning or splitting satisfies the requirements
of section 109.
(6) A parcel or tract created under the provisions of
subsection (5) may not be further partitioned or split without
being subject to the platting requirements of this act, except in
accordance with the provisions of subsection (5).
(7) If a parcel will remain perpetually in an undeveloped
state under a conservation easement, plat dedication, restrictive
covenant, or other legal means that run with the land, pursuant to
a zoning ordinance provision adopted under, or described in,
section 16h(1) or (4) of the county zoning act, 1943 PA 183, MCL
125.216h, section 16h(1) or (4) of the township zoning act, 1943 PA
184, MCL 125.286h, or section 4f(1) or (4) of the city and village
zoning act, 1921 PA 207, MCL 125.584f, that parcel shall not be
counted toward the number of parcels permitted under subsections
(2) and (3).