LAND DIVISION ACT S.B. 112 (S-2): FLOOR ANALYSIS
Senate Bill 112 (Substitute S-2 as reported by the Committee of the Whole) Sponsor: Senator Leon Stille
Committee: Local, Urban and State Affairs
The bill would amend the Subdivision Control Act, which the bill would rename the “Land Division Act”, to do the following:
-- Specify that a division of a parcel or tract would be exempt from the Act’s platting requirements if the division satisfied the bill’s requirements.
-- Specify that an exempt division, together with any previous division of the same parent parcel or parent tract, could result in a number of parcels that did not exceed the following: two parcels for the first 10 acres or fraction of 10 acres in the parent parcel or parent tract; one addiitonal parcel for up to a maximum of seven additional parcels, for each whole 10 acres in excess of the first 10 acres; and one additional parcel for each 40 acres in excess of the first 80 acres in the parent parcel or parent tract.
-- Provide that an exempt division of 40 acres or more would not count toward the number or size restrictions, or be subject to the requirements for municipal approval, if there were approved access to the parcel.
-- Permit an exempt division to result in additional parcels if certain conditions were met, including the use of new public roads and shared access highways to reduce driveway accesses to an existing public road.
-- Require a municipality to approve a proposed exempt division if it met certain requirements, including depth to width ratios, local health department approval for public utilities if a parcel were a development site, and approved access. Except in counties with a population under 75,000, if access were afforded by easement, not more than two parcels could be served by the same easement unless authorized by ordinance.
-- Prohibit the sale of a parcel of unplatted land unless the deed contained a statement as to whether the right to make further exempt divisions was proposed to be conveyed.
MCL 560.101 et al. Legislative Analyst: L. Arasim
The bill would have no fiscal impact on State or local government.
Date Completed: 5-29-96 Fiscal Analyst: R. Ross
M. Barsch
G. Cutler
floor\sb112
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.