Bill Text: MI HB4223 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Land use; land division; landlocked cemeteries; prohibit in platting process. Amends secs. 109 & 182 of 1967 PA 288 (MCL 560.109 & 560.182).

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-02-11 - Printed Bill Filed 02/11/2009 [HB4223 Detail]

Download: Michigan-2009-HB4223-Introduced.html

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HOUSE BILL No. 4223

 

February 10, 2009, Introduced by Reps. Ebli, Geiss, Valentine, Donigan and Angerer and referred to the Committee on Intergovernmental and Regional Affairs.

 

     A bill to amend 1967 PA 288, entitled

 

"Land division act,"

 

by amending sections 109 and 182 (MCL 560.109 and 560.182), section

 

109 as amended by 1997 PA 87.

 

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, including any parcel that contains

 

a cemetery, 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.

 

     (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 the form prescribed by the state tax commission under

 

section 27a of the general property tax act, 1893 PA 206, MCL

 

211.27a. The state tax commission shall revise the form to 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, 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 number]

 

division(s) under section 108 of the land division act, Act No. 288

 

of the Public Acts of 1967." 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 state

 

of Michigan after the effective date of this act 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 in section 109(1)(b) 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.

 

     Sec. 182. (1) The governing body of a municipality in which

 

the subdivision is situated may require the following as a

 

condition of approval of final plat, for all public and private

 

streets, alleys and roads in its jurisdiction:

 

     (a) Conformance to the general plan, width and location

 

requirements that it may have adopted and published, and greater

 

width than shown on a county or state plan, but may not require

 

conformance to a municipal plan that conflicts with a general plan

 

adopted by the county or state for the location and width of

 

certain streets, roads, and highways.

 

     (b) Proper drainage, grading, and construction of approved

 

materials of a thickness and width provided in its current

 

published construction standards.

 

     (c) Installation of bridges and culverts where it deems

 

considers necessary.

 

     (d) Submission of complete plans for grading, drainage, and

 

construction to be prepared and sealed by a civil engineer

 

registered in the state.

 

     (e) Completion of all required improvements relative to

 

streets, alleys, and roads or a deposit by the proprietor with the

 

clerk of the municipality in the form of cash, a certified check,

 

or irrevocable bank letter of credit, whichever the proprietor

 

selects, or a surety bond acceptable to the governing body, in an

 

amount sufficient to insure completion within the time specified.

 

     (2) As a condition of approval of the plat, the governing body

 

may require a deposit to be made in the same manner as provided in

 

subdivision (e) of subsection (1) (1)(e), to insure performance of

 

any of the obligations of the proprietor to make required

 

improvements.

 

     (3) The governing body shall rebate to the proprietor, as the

 

work progresses, amounts of any cash deposits equal to the ratio of

 

the work completed to the entire project.

 

     (4) The governing body shall reject a plat in any of the

 

following circumstances:

 

     (a) Reject a The plat which is isolated from or which isolates

 

other lands, including any land that contains a cemetery, from

 

existing public streets, unless suitable access is provided.

 

     (b) Reject a The plat showing shows a street or road name

 

duplicating one already in use in the municipality, except in

 

continuing a street or road.

 

     (c) Reject a The plat showing shows the name of a new street,

 

alley, or road that is so similar to the one already in existence

 

in the municipality that permitting such that use in the

 

subdivision may be confusing for purposes of assessing, mail

 

delivery, and locating by the public.