November 8, 2007, Introduced by Rep. Bennett and referred to the Committee on Appropriations.
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending sections 102, 117, and 118 (MCL 560.102, 560.117, and
560.118), section 102 as amended by 1996 PA 591 and sections 117
and 118 as amended by 2004 PA 525.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Department" means the department of environmental
quality.
(b) "Detroit consumer price index" means the most
comprehensive index of consumer prices available for the Detroit
area from the United States department of labor, bureau of labor
statistics.
(c) (a)
"Plat" means a map or
chart of a subdivision of land.
(d) (b)
"Land" means all land
areas occupied by real property.
(e) (c)
"Preliminary plat" means
a map showing the salient
features of a proposed subdivision submitted to an approving
authority for purposes of preliminary consideration.
(f) (d)
"Division" means the
partitioning or splitting of a
parcel or tract of land by the proprietor thereof or by his or her
heirs, executors, administrators, legal representatives,
successors, or assigns for the purpose of sale, or lease of more
than 1 year, or of building development that results in 1 or more
parcels of less than 40 acres or the equivalent, and that satisfies
the requirements of sections 108 and 109. Division does not include
a property transfer between 2 or more adjacent parcels, if the
property taken from 1 parcel is added to an adjacent parcel; and
any resulting parcel shall not be considered a building site unless
the parcel conforms to the requirements of this act or the
requirements of an applicable local ordinance.
(g) (e)
"Exempt split" means the
partitioning or splitting of
a parcel or tract of land by the proprietor thereof or by his or
her heirs, executors, administrators, legal representatives,
successors, or assigns that does not result in 1 or more parcels of
less than 40 acres or the equivalent. For a property transfer
between 2 or more adjacent parcels, if the property taken from 1
parcel is added to an adjacent parcel, any resulting parcel shall
not be considered a building site unless the parcel conforms to the
requirements of this act or the requirements of an applicable local
ordinance.
(h) (f)
"Subdivide" or
"subdivision" means the partitioning or
splitting of a parcel or tract of land by the proprietor thereof or
by his or her heirs, executors, administrators, legal
representatives, successors, or assigns for the purpose of sale, or
lease of more than 1 year, or of building development that results
in 1 or more parcels of less than 40 acres or the equivalent, and
that is not exempted from the platting requirements of this act by
sections 108 and 109. "Subdivide" or "subdivision" does not include
a property transfer between 2 or more adjacent parcels, if the
property taken from 1 parcel is added to an adjacent parcel; and
any resulting parcel shall not be considered a building site unless
the parcel conforms to the requirements of this act or the
requirements of an applicable local ordinance.
(i) (g)
"Parcel" means a
continuous area or acreage of land
which can be described as provided for in this act.
(j) (h)
"Tract" means 2 or more
parcels that share a common
property line and are under the same ownership.
(k) (i)
"Parent parcel" or
"parent tract" means a parcel or
tract, respectively, lawfully in existence on the effective date of
the amendatory act that added this subdivision.
(l) (j)
"Accessible", in
reference to a parcel, means that the
parcel meets 1 or both of the following requirements:
(i) Has an area where a driveway provides vehicular access to
an existing road or street and meets all applicable location
standards of the state transportation department or county road
commission
under Act No. 200 of the Public Acts of 1969, being
sections
247.321 to 247.329 of the Michigan Compiled Laws 1969 PA
200, MCL 247.321 to 247.329, and of the city or village, or has an
area where a driveway can provide vehicular access to an existing
road or street and meet all such applicable location standards.
(ii) Is served by an existing easement that provides vehicular
access to an existing road or street and that meets all applicable
location standards of the state transportation department or county
road
commission under Act No. 200 of the Public Acts of 1969 1969
PA 200, MCL 247.321 to 247.329, and of the city or village, or can
be served by a proposed easement that will provide vehicular access
to an existing road or street and that will meet all such
applicable location standards.
(m) (k)
"Development site" means any
parcel or lot on which
exists or which is intended for building development other than the
following:
(i) Agricultural use involving the production of plants and
animals useful to humans, including forages and sod crops; grains,
feed crops, and field crops; dairy animals and dairy products;
poultry and poultry products; livestock, including breeding and
grazing of cattle, swine, and similar animals; berries; herbs;
flowers; seeds; grasses; nursery stock; fruits; vegetables;
Christmas trees; and other similar uses and activities.
(ii) Forestry use involving the planting, management, or
harvesting of timber.
(n) (l) "Forty
acres or the equivalent" means 40 acres, a
quarter-quarter section containing not less than 30 acres, or a
government lot containing not less than 30 acres.
(o) (m)
"Lot"
means a measured portion of a parcel or tract of
land, which is described and fixed in a recorded plat.
(p) (n)
"Outlot", when included
within the boundary of a
recorded plat, means a lot set aside for purposes other than a
development site, park, or other land dedicated to public use or
reserved to private use.
(q) (o)
"Proprietor" means a
natural person, firm,
association, partnership, corporation, or combination of any of
them that holds an ownership interest in land whether recorded or
not.
(r) (p)
"Governing body" means
the legislative body of a city
or village or the township board of a township.
(s) (q)
"Municipality" means a
township, city, or village.
(t) (r)
"County plat board" means
the register of deeds, who
shall act as chairperson, the county clerk, who shall act as
secretary, and the county treasurer. If the offices of county clerk
and register of deeds have been combined, the chairperson of the
board of supervisors shall be a member of the plat board and shall
act as chairperson. In a county where a board of auditors is
authorized by law such board may elect to serve on the county plat
board by adopting a resolution so ordering. A copy of the recorded
resolution shall be sent to the state treasurer.
(u) (s)
"Public utility" means
all persons, firms,
corporations, copartnerships, or municipal or other public
authority providing gas, electricity, water, steam, telephone,
sewer, or other services of a similar nature.
(v) (t)
"Caption" means the name
by which the plat is legally
and commonly known.
(w) (u)
"Replat" means the
process of changing, or the map or
plat which changes, the boundaries of a recorded subdivision plat
or part thereof. The legal dividing of an outlot within a recorded
subdivision plat without changing the exterior boundaries of the
outlot is not a replat.
(x) (v)
"Surveyor" means a
professional surveyor licensed
under
article 20 of the occupational code, Act No. 299 of the
Public
Acts of 1980, being sections 339.2001 to 339.2014 of the
Michigan Compiled Laws 1980 PA 299, MCL 339.2001 to 339.2014.
(y) (w)
"Engineer" means a civil
engineer who is a
professional engineer licensed under article 20 of the occupational
code,
Act No. 299 of the Public Acts of 1980, being sections
339.2001
to 339.2014 of the Michigan Compiled Laws 1980 PA 299, MCL
339.2001 to 339.2014.
(z) (x)
"Government survey" means
the land surveyed,
subdivided and monumented by the United States public land survey.
(aa) (y)
"Michigan
coordinate system" means the system defined
in
Act No. 9 of the Public Acts of 1964, being sections 54.231 to
54.239
of the Michigan Compiled Laws 1964 PA 9, MCL 54.231 to
54.239.
(bb) (z)
"Alley" means a public or
private right of way shown
on a plat which provides secondary access to a lot, block, or
parcel of land.
(cc) (aa)
"Health department" means
the department, of
environmental
quality, a city health department, a
county health
department, or a district health department, whichever has
jurisdiction.
(dd) (bb)
"Public sewer" means a
sewerage system as defined in
section
4101 of part 41 (sewerage systems) of the natural resources
and
environmental protection act, Act No. 451 of the Public Acts of
1994,
being section 324.4101 of the Michigan Compiled Laws 1994 PA
451, MCL 324.4101.
(ee) (cc)
"Public water" means a
system of pipes and
structures through which water is obtained and distributed to the
public, including wells and well structures, intakes, and cribs,
pumping stations, treatment plants, reservoirs, storage tanks and
appurtenances, collectively or severally, actually used or intended
for use for the purpose of furnishing water to the public for
household or drinking purposes.
(ff) (dd)
"Topographical map" means
a map showing existing
physical characteristics, with contour lines at sufficient
intervals to permit determination of proposed grades and drainage.
(gg) (ee)
"Flood plain" means that
area of land adjoining the
channel of a river, stream, water course, lake, or other similar
body of water which will be inundated by a flood which can
reasonably be expected for that region.
Sec. 117. (1) The proprietor shall submit 2 copies of the
preliminary plat to the department of environmental quality, if any
of the subdivision lies wholly or in part within the floodplain of
a river, stream, creek, or lake. The department of environmental
quality, within 30 days after receipt of the preliminary plat,
shall approve it, approve it subject to conditions, or reject it.
If the preliminary plat is approved, the department of
environmental quality shall note its approval on the copy to be
returned to the proprietor. If the department of environmental
quality approves the preliminary plat subject to conditions or
rejects the preliminary plat, the department shall give the reasons
for rejection and requirements for approval in writing to the
proprietor and to each of the other officers and agencies to which
the proprietor was required to submit the preliminary plat under
sections 113 to 115 and 117 to 119. The determination of a
floodplain area shall be based on rules specified in section
105(f).
(2) The preliminary plat submittal to the department of
environmental quality under subsection (1) shall be accompanied by
a
fee of $500.00 $1,750.00 to cover the administrative cost of the
department's preliminary plat review. If the department of
environmental quality determines that engineering computations are
required to establish the limits of the floodplain on a preliminary
plat,
the department shall assess an additional fee of $1,500.00
$2,500.00 to cover the department's cost of establishing those
limits.
(3) The department shall adjust the fees under subsection (2)
in 2010 and every fifth year thereafter by an amount determined by
the state treasurer to reflect the cumulative annual percentage
change in the Detroit consumer price index, rounded to the nearest
dollar.
(4) (3)
The department of environmental
quality shall forward
fees collected under this section to the state treasurer for
deposit in the land and water management permit fee fund created in
section 30113 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.30113.
Sec. 118. (1) The proprietor shall submit 3 copies of the
preliminary plat to the health department having jurisdiction, if
public water and public sewers are not available and accessible to
the land proposed to be subdivided.
(2) The health department, within 30 days after receipt of the
preliminary plat, shall approve it, approve it subject to
conditions,
or reject all or any portion of the proposed
subdivision
preliminary plat that is not suitable. If the
preliminary plat is approved, the health department shall note its
approval on the copy to be returned to the proprietor. If all or
any portion of the preliminary plat is approved subject to
conditions or is rejected, the health department shall give its
reasons for rejection and requirements for approval in writing to
the proprietor, the governing body, and each of the other officers
and agencies to which the proprietor was required to submit the
preliminary plat under sections 113 to 115 and 117 to 119.
(3) The preliminary plat submittal to the health department
under subsection (1) shall be accompanied by a state filing fee of
$300.00 plus $20.00 for each lot. The plat filing fee shall be
payable to the city, county, or district health department having
jurisdiction or to the state of Michigan if the submittal is to the
department. Filing fees shall be forwarded by the city, county, or
district health department to the department not more than 90 days
following the date of preliminary plat submittal to the health
department.
(4) The department shall forward filing fees collected under
this section to the state treasurer for deposit into the on-site
wastewater treatment program fund created in section 5003 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.5003.
(5) The department shall annually adjust the fees under
subsection (3) by an amount determined by the state treasurer to
reflect the cumulative annual percentage change in the Detroit
consumer price index, rounded to the nearest dollar.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5450(request no.
02661'07) of the 94th Legislature is enacted into law.