VEHICULAR ACCESS TO CEMETERY H.B. 5404:
COMMITTEE SUMMARY
House Bill 5404 (as passed by the House)
Sponsor: Representative Dale W. Zorn
House Committee: Local, Intergovernmental, and Regional Affairs
Senate Committee: Local Government and Elections
CONTENT
The bill would amend the Land Division Act to require a municipality to reject a proposed division or a plat that did not provide vehicular access to a cemetery by an existing road or street.
The Act prescribes criteria that a proposed division must meet in order to be approved by a municipality, and requires a complete application to be approved if the criteria are met. The criteria include a requirement that each resulting parcel be accessible. The bill would include among these conditions that the division did not isolate a cemetery so that it did not meet either of the requirements of Section 102(j).
Under that section, a parcel is accessible if it meets at least one of the following requirements:
-- Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the Michigan Department of Transportation or a county road commission and the city or village, or has an area where a driveway can provide such access and meet all of the standards.
-- Is served by an existing agreement that provides vehicular access to an existing road or street and that meets all applicable location standards, or can be served by a proposed easement that will provide such access and meet the standards.
The Act also contains provisions regarding the approval of a plat, as well as circumstances under which a municipality's governing body must reject a plat. Under the bill, rejection also would be required if a plat isolated a cemetery so that it did not meet the vehicular access requirements described above.
MCL 560.109 & 560.182 Legislative Analyst: Julie Cassidy
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.