SB-0342, As Passed House, November 29, 2017

SB-0342, As Passed Senate, June 6, 2017

SUBSTITUTE FOR

SENATE BILL NO. 342

     A bill to amend 1967 PA 288, entitled

"Land division act,"

by amending section 109 (MCL 560.109), as amended by 2012 PA 525.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

proposed division within 45 days after the filing of a complete

application for the proposed division with the assessor or other

municipally designated official. However, a municipality with a

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

county to transfer to the county authority to approve or disapprove

a division. An application is complete if it contains information

necessary to ascertain whether the requirements of section 108 and

this section are met. The assessor or other municipally designated

official, or the county official, having authority to approve or

disapprove a proposed division, shall provide the person who filed

the application written notice whether the application is approved

or disapproved and, if disapproved, all the reasons for

disapproval. A complete application for a proposed division shall

be approved if, in addition to the requirements of section 108, all

of the following requirements are met:

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

description and is included in a tentative parcel map showing area,

parcel lines, public utility easements, accessibility, and other

requirements of this section and section 108. The tentative parcel

map shall be a scale drawing showing the approximate dimensions of

the parcels.

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

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

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

required by the ordinance. The municipality or county having

authority to review proposed divisions may allow a greater depth to

width ratio than that otherwise required by this subdivision or an

ordinance referred to in subsection (5). The greater depth to width

ratio shall be based on standards set forth in the ordinance

referred to in subsection (5). The standards may include, but are

not required to include and need not be limited to, exceptional

topographic or physical conditions with respect to the parcel and

compatibility with surrounding lands. The depth to width ratio

requirements of this subdivision do not apply to a parcel larger

than 10 acres, unless an ordinance referred to in subsection (5)

provides otherwise, and do not apply to the remainder of the parent

parcel or parent tract retained by the proprietor.

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

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

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

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

     (e) Each resulting parcel is accessible.

     (f) The division meets all of the requirements of section 108.

     (g) Each resulting parcel that is a development site has

adequate easements for public utilities from the parcel to existing

public utility facilities.

     (h) The division does not isolate a cemetery so that it does

not meet the requirements of either section 102(j)(i) or (ii).

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

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

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

parcel created from that parent parcel or parent tract. A

proprietor transferring the right to make a division pursuant to

this subsection shall within 45 days give written notice of the

transfer to the assessor of the city or township where the property

is located on a form prescribed by the state tax commission. The

form shall include substantially the following questions in the

mandatory information portion of the form:

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

unallocated divisions under the land division act, 1967 PA 288, MCL

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

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

created parcel? If so, state whether all were transferred or, if

not, how many?"

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

the deed contains a statement as to whether the right to make

further divisions exempt from the platting requirements of this act

under this section and section 108 is proposed to be conveyed. The

statement shall be in substantially the following form: "The

grantor grants to the grantee the right to make [insert "zero", a

number, or "all"] division(s) under section 108 of the land

division act, Act No. 288 of the Public Acts of 1967." 1967 PA 288,

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

requirements of this subsection, the right to make divisions under

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

tract or parent parcel retained by the grantor.

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

state of Michigan after the effective date of this act executed

after March 31, 1997 shall contain the following statement: "This

property may be located within the vicinity of farm land or a farm

operation. Generally accepted agricultural and management practices

which may generate noise, dust, odors, and other associated

conditions may be used and are protected by the Michigan right to

farm act.".

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

of commissioners of a county having authority to approve or

disapprove a division may adopt an ordinance setting forth the

standards authorized in subsection (1)(b), (c), and (d). The

ordinance may establish a fee for reviews under this section and

section 108. The fee shall not exceed the reasonable costs of

providing the services for which the fee is charged.

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

resulting parcels comply with other ordinances or regulations.

     (7) Compliance with this section is not a requirement for a

deed to be received for record or recorded by a register of deeds.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.