SB-0919, As Passed Senate, December 2, 2009
October 20, 2009, Introduced by Senator McMANUS and referred to the Committee on Appropriations.
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending sections 102, 105, 116, and 117 (MCL 560.102, 560.105,
560.116, and 560.117), section 102 as amended by 1996 PA 591,
section 105 as amended by 1997 PA 87, and sections 116 and 117 as
amended by 2004 PA 525.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Plat" means a map or chart of a subdivision of land.
(b) "Land" means all land areas occupied by real property.
(c) "Preliminary plat" means a map showing the salient
features of a proposed subdivision submitted to an approving
authority for purposes of preliminary consideration.
(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.
(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.
(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.
(g) "Parcel" means a continuous area or acreage of land which
can be described as provided for in this act.
(h) "Tract" means 2 or more parcels that share a common
property line and are under the same ownership.
(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 March 31, 1997.
(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.
(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.
(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.
(m) "Lot" means a measured portion of a parcel or tract of
land, which is described and fixed in a recorded plat.
(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.
(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.
(p) "Governing body" means the legislative body of a city or
village or the township board of a township.
(q) "Municipality" means a township, city, or village.
(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 county
board
of supervisors commissioners
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.
(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.
(t) "Caption" means the name by which the plat is legally and
commonly known.
(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.
(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.
(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.
(x) "Government survey" means the land surveyed, subdivided
and monumented by the United States public land survey.
(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.
(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.
(aa)
"Health department" means the department of environmental
quality
natural resources, a city health department, a county
health department, or a district health department, whichever has
jurisdiction.
(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.
(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.
(dd) "Topographical map" means a map showing existing physical
characteristics, with contour lines at sufficient intervals to
permit determination of proposed grades and drainage.
(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. 105. Approval of a preliminary plat, or final plat shall
be conditioned upon compliance with all of the following:
(a) The provisions of this act.
(b) Any ordinance or published rules of a municipality or
county adopted to carry out the provisions of this act.
(c) Any published rules of a county drain commissioner, county
road commission, or county plat board adopted to carry out the
provisions of this act.
(d) The rules of the state transportation department relating
to provisions for the safety of entrance upon and departure from
the abutting state trunk line highways or connecting streets and
relating to the provisions of drainage as required by the
department's then currently published standards and specifications.
(e)
The rules of the department of consumer and industry
services
energy, labor, and economic
growth for the approval of
plats, including forms, certificates of approval, and other
required certificates, captioning of plats, and numbering of lots.
(f)
The rules of the department of environmental quality
natural resources for the determination and establishment of
floodplain areas of rivers, streams, creeks, or lakes, as provided
in this act, as published in the state administrative code.
(g)
The rules of the department of environmental quality
natural resources relating to suitability of groundwater for on-
site water supply for subdivisions not served by public water or to
suitability of soils for subdivisions not served by public sewers.
The
department of environmental quality natural resources may
authorize a city, county, or district health department to carry
out the provisions of this act and rules promulgated under this act
relating to suitability of groundwater for subdivisions not served
by public water or relating to suitability of soils for
subdivisions not served by public sewers. The department of
environmental
quality natural resources may require percolation
tests and boring tests to determine suitability of soils. When such
tests are required, they shall be conducted under the supervision
of a registered engineer, registered land surveyor, or registered
sanitarian in accordance with uniform procedures established by the
department
of environmental quality natural
resources.
Sec. 116. (1) The proprietor shall submit 2 copies of the
preliminary
plat to the department of environmental quality natural
resources for information purposes, if the land proposed to be
subdivided abuts a lake or stream or abuts an existing or proposed
channel or lagoon affording access to a lake or stream where public
rights may be affected.
(2) The department, within 30 days after receipt of the
preliminary plat, shall place the proprietor, the governing body of
the municipality, and the county plat board on notice in writing if
it has any objections or may furnish such information to each as
may be helpful or necessary in its opinion to adequately plan the
development and secure approval of the final plat.
(3) Copies of the letters required under subsection (2) shall
be sent to the department of energy, labor, and economic growth.
Sec. 117. (1) The proprietor shall submit 2 copies of the
preliminary
plat to the department of environmental quality natural
resources, 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 natural
resources, 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 natural resources
shall note its approval on the copy to be returned to the
proprietor.
If the department of environmental quality natural
resources 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 natural resources under subsection (1) shall
be accompanied by a fee of $500.00 to cover the administrative cost
of the department's preliminary plat review. If the department of
environmental
quality natural resources 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 to cover the department's cost of establishing
those limits.
(3)
The department of environmental quality natural resources
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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.