HOUSE BILL No. 6222 June 18, 2002, Introduced by Rep. Scranton and referred to the Committee on Land Use and Environment. A bill to amend 1967 PA 288, entitled "Land division act," by amending section 102 (MCL 560.102), as amended by 1996 PA 591. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 102. As used in this act: 2 (a) "Plat" means a map or chart of a subdivision of land. 3 (b) "Land" means all land areas occupied by real property. 4 (c) "Preliminary plat" means a map showing the salient fea- 5 tures of a proposed subdivision submitted to an approving author- 6 ity for purposes of preliminary consideration. 7 (d) "Division" means the partitioning or splitting of a 8 parcel or tract of land by the proprietor thereof or by his or 9 her heirs, executors, administrators, legal representatives, 10 successors, or assigns for the purpose of sale, or lease of more 05054'01 TMV 2 1 than1 year5 YEARS IF THE LEASE IS OF A TYPE MADE SUBJECT TO 2 THIS DEFINITION BY AN ORDINANCE DESCRIBED IN SECTION 109(5), or 3 of building development that results in 1 or more parcels of less 4 than 40 acres or the equivalent, and that satisfies the require- 5 ments of sections 108 and 109. Division does not include a prop- 6 erty transfer between 2 or more adjacent parcels, if the property 7 taken from 1 parcel is added to an adjacent parcel; and any 8 resulting parcel shall not be considered a building site unless 9 the parcel conforms to the requirements of this act or the 10 requirements of an applicable local ordinance. 11 (e) "Exempt split" means the partitioning or splitting of a 12 parcel or tract of land by the proprietor thereof or by his or 13 her heirs, executors, administrators, legal representatives, suc- 14 cessors, or assigns that does not result in 1 or more parcels of 15 less than 40 acres or the equivalent. For a property transfer 16 between 2 or more adjacent parcels, if the property taken from 1 17 parcel is added to an adjacent parcel, any resulting parcel shall 18 not be considered a building site unless the parcel conforms to 19 the requirements of this act or the requirements of an applicable 20 local ordinance. 21 (f) "Subdivide" or "subdivision" means the partitioning or 22 splitting of a parcel or tract of land by the proprietor thereof 23 or by his or her heirs, executors, administrators, legal repre- 24 sentatives, successors, or assigns for the purpose of sale, or 25 lease of more than1 year5 YEARS IF THE LEASE IS OF A TYPE 26 MADE SUBJECT TO THIS DEFINITION BY AN ORDINANCE OF A MUNICIPALITY 27 DESCRIBED IN SECTION 105(B), or of building development that 05054'01 3 1 results in 1 or more parcels of less than 40 acres or the 2 equivalent, and that is not exempted from the platting require- 3 ments of this act by sections 108 and 109. "Subdivide" or 4 "subdivision" does not include a property transfer between 2 or 5 more adjacent parcels, if the property taken from 1 parcel is 6 added to an adjacent parcel; and any resulting parcel shall not 7 be considered a building site unless the parcel conforms to the 8 requirements of this act or the requirements of an applicable 9 local ordinance. 10 (g) "Parcel" means a continuous area or acreage of land 11 which can be described as provided for in this act. 12 (h) "Tract" means 2 or more parcels that share a common 13 property line and are under the same ownership. 14 (i) "Parent parcel" or "parent tract" means a parcel or 15 tract, respectively, lawfully in existence onthe effective date16of the amendatory act that added this subdivisionMARCH 31, 17 1997. 18 (j) "Accessible", in reference to a parcel, means that the 19 parcel meets 1 or both of the following requirements: 20 (i) Has an area where a driveway provides vehicular access 21 to an existing road or street and meets all applicable location 22 standards of the state transportation department or county road 23 commission underAct No. 200 of the Public Acts of 1969, being24sections 247.321 to 247.329 of the Michigan Compiled Laws1969 25 PA 200, MCL 247.321 TO 247.329, and of the city or village, or 26 has an area where a driveway can provide vehicular access to an 05054'01 4 1 existing road or street and meet all such applicable location 2 standards. 3 (ii) Is served by an existing easement that provides vehicu- 4 lar access to an existing road or street and that meets all 5 applicable location standards of the state transportation depart- 6 ment or county road commission underAct No. 200 of the Public7Acts of1969 PA 200, MCL 247.321 TO 247.329, and of the city or 8 village, or can be served by a proposed easement that will pro- 9 vide vehicular access to an existing road or street and that will 10 meet all such applicable location standards. 11 (k) "Development site" means any parcel or lot on which 12 exists or which is intended for building development other than 13 the following: 14 (i) Agricultural use involving the production of plants and 15 animals useful to humans, including forages and sod crops; 16 grains, feed crops, and field crops;dairy anddairy products; 17 poultry and poultry products; livestock, including breeding and 18 grazing of cattle, swine, and similar animals; berries; herbs; 19 flowers; seeds; grasses; nursery stock; fruits; vegetables; 20 Christmas trees; and other similar uses and activities. 21 (ii) Forestry use involving the planting, management, or 22 harvesting of timber. 23 (l) "Forty acres or the equivalent" means 40 acres, a 24 quarter-quarter section containing not less than 30 acres, or a 25 government lot containing not less than 30 acres. 26 (m) "Lot" means a measured portion of a parcel or tract of 27 land, which is described and fixed in a recorded plat. 05054'01 5 1 (n) "Outlot", when included within the boundary of a 2 recorded plat, means a lot set aside for purposes other than a 3 development site, park, or other land dedicated to public use or 4 reserved to private use. 5 (o) "Proprietor" means a natural person, firm, association, 6 partnership, corporation, or combination of any of them that 7 holds an ownership interest in land whether recorded or not. 8 (p) "Governing body" means the legislative body of a city or 9 village or the township board of a township. 10 (q) "Municipality" means a township, city, or village. 11 (r) "County plat board" means the register of deeds, who 12 shall act as chairperson, the county clerk, who shall act as sec- 13 retary, and the county treasurer. If the offices of county clerk 14 and register of deeds have been combined, the chairperson of the 15 board of supervisors shall be a member of the plat board and 16 shall act as chairperson. In a county where a board of auditors 17 is authorized by law such board may elect to serve on the county 18 plat board by adopting a resolution so ordering. A copy of the 19 recorded resolution shall be sent to the state treasurer. 20 (s) "Public utility" means all persons, firms, corporations, 21 copartnerships, or municipal or other public authority providing 22 gas, electricity, water, steam, telephone, sewer, or other serv- 23 ices of a similar nature. 24 (t) "Caption" means the name by which the plat is legally 25 and commonly known. 26 (u) "Replat" means the process of changing, or the map or 27 plat which changes, the boundaries of a recorded subdivision plat 05054'01 6 1 or part thereof. The legal dividing of an outlot within a 2 recorded subdivision plat without changing the exterior bounda- 3 ries of the outlot is not a replat. 4 (v) "Surveyor" means a professional surveyor licensed under 5 article 20 of the occupational code,Act No. 299 of the Public6Acts of 1980, being sections 339.2001 to 339.2014 of the Michigan7Compiled Laws1980 PA 299, MCL 339.2001 TO 339.2014. 8 (w) "Engineer" means a civil engineer who is a professional 9 engineer licensed under article 20 of the occupational code,Act10No. 299 of the Public Acts of 1980, being sections 339.2001 to11339.2014 of the Michigan Compiled Laws1980 PA 299, MCL 339.2001 12 TO 339.2014. 13 (x) "Government survey" means the land surveyed, subdivided 14 and monumented by the United States public land survey. 15 (y) "Michigan coordinate system" means the system defined in 16Act No. 9 of the Public Acts of 1964, being sections 54.231 to1754.239 of the Michigan Compiled Laws1964 PA 9, MCL 54.231 TO 18 54.239. 19 (z) "Alley" means a public or private right of way shown on 20 a plat which provides secondary access to a lot, block, or parcel 21 of land. 22 (aa) "Health department" means the department of environmen- 23 tal quality, a city health department, a county health depart- 24 ment, or a district health department, whichever has 25 jurisdiction. 26 (bb) "Public sewer" means a sewerage system as defined in 27 section 4101 ofpart 41 (sewerage systems) ofthe natural 05054'01 7 1 resources and environmental protection act,Act No. 451 of the2Public Acts of 1994, being section 324.4101 of the Michigan3Compiled Laws1994 PA 451, MCL 324.4101. 4 (cc) "Public water" means a system of pipes and structures 5 through which water is obtained and distributed to the public, 6 including wells and well structures, intakes, and cribs, pumping 7 stations, treatment plants, reservoirs, storage tanks and appur- 8 tenances, collectively or severally, actually used or intended 9 for use for the purpose of furnishing water to the public for 10 household or drinking purposes. 11 (dd) "Topographical map" means a map showing existing physi- 12 cal characteristics, with contour lines at sufficient intervals 13 to permit determination of proposed grades and drainage. 14 (ee) "Flood plain" means that area of land adjoining the 15 channel of a river, stream, water course, lake, or other similar 16 body of water which will be inundated by a floodwhichTHAT can 17 reasonably be expected for that region. 05054'01 Final page. TMV