SB-1416, As Passed Senate, November 10, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1416
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending sections 111, 112, 113, 114, 115, 116, 117, 118, 120,
131, 142, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, and
171 (MCL 560.111, 560.112, 560.113, 560.114, 560.115, 560.116,
560.117, 560.118, 560.120, 560.131, 560.142, 560.147, 560.161,
560.162, 560.163, 560.164, 560.165, 560.166, 560.167, 560.168,
560.169, and 560.171), sections 117 and 169 as amended by 1998 PA
549, and by adding sections 112a and 167a; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 111. (1) Before making or submitting a final plat for
2 approval, the proprietor shall make a preliminary plat and submit
3 copies to authorities as provided in this section and sections
4 111 112 to 119. A preliminary plat shall show the
name,
Senate Bill No. 1416 as amended November 9, 2004
1 location, and position of the subdivision and the subdivision
2 plan and layout in sufficient detail on a topographic map to
3 enable a determination of whether the subdivision meets
4 requirements for lots, streets, roads, and highways including
5 drainage and floodplains.
6 (2) The preliminary plat shall be drawn to a scale of not
7 more than 200 feet to 1 inch and may be an original drawing or
8 reproduction, on unbacked paper. It shall contain proper
9 identification of the parcel of land to be divided, the name of
10 the plat and proposed division of the land, the name and address
11 of the proprietor and the name, address and seal of the surveyor
12 who prepared it, all legibly printed or typewritten. Additional
13 preliminary land development plans may be made by other qualified
14 persons to assist approving authorities to visualize the type and
15 scope of the development planned.
16 (3) The proprietor may request that a preapplication review
17 meeting take place by submitting a written request to the
18 chairperson of the county plat board and submitting copies of a
19 concept plan for the preliminary plat to the municipality and to
20 each officer or agency entitled to review the preliminary plat
21 under sections 113 to 118. A preapplication review meeting shall
22 take place not later than 30 days after the written request and
23 concept plan are received. The meeting shall be attended by the
24 proprietor, representatives of each officer or agency entitled to
25 review the preliminary plat under sections <<113, 114, and 118, and a
26 representative of the municipality. Representatives of each agency
27 entitled to review the preliminary plat under sections 115 to 117 shall be informed of the meeting and may attend.>> The purpose of the meeting is to conduct an
1 informal review of the proprietor's concept plan for the
2 preliminary plat.
3 Sec. 112. (1) The proprietor shall submit 4 but not more
4 than 10 copies of the preliminary plat and other data to the
5 clerk of the municipality.
6 (2) The governing
body , within 90 days from the date of
7 filing, shall tentatively approve and note its approval on
the
8 copy of the preliminary plat, or tentatively approve it subject
9 to conditions and note its approval and conditions on the copy of
10 the preliminary plat, to be returned to the proprietor, or set
11 forth in writing its reasons for rejection and requirements for
12 tentative approval,
. within the following time period, as
13 applicable:
14 (a) Within 60 days after it was submitted to the clerk, if a
15 preapplication review meeting was conducted under section
16 111(3).
17 (b) Within 90 days after it was submitted to the clerk, if a
18 preapplication review meeting was not conducted under section
19 111(3).
20 (3) The governing body may require the submission of other
21 related data as it deems necessary, if the requirement for such
22 data has previously been adopted and published.
23 (4) Tentative
approval under this section shall confer
24 confers upon the proprietor for a period of 1 year from date,
25 approval of lot sizes, lot orientation, and street layout, and
26 application of the then-current subdivision regulations. Such
27 The tentative approval may be extended if applied for by the
1 proprietor and granted by the governing body in writing.
2 Sec. 112a. After the tentative approval by the governing
3 body under section 112, the proprietor shall submit copies of a
4 preliminary plat to each officer or agency entitled to receive
5 those copies under sections 113 to 118 for their simultaneous
6 review and action within the 30-day time period prescribed in
7 sections 113 to 118.
8 Sec. 113. (1) The proprietor shall submit 3 copies of the
9 preliminary plat to the engineer or chairman of the county road
10 commission if the proposed subdivision includes or abuts roads
11 under the commission's jurisdiction.
12 (2) The county road commission may also require to be
13 submitted with the preliminary plat a topographic map showing
14 direction of drainage and proposed widths of roads under its
15 jurisdiction or to come under its jurisdiction and private roads
16 in unincorporated areas.
17 (3) The county road
commission, within 30 days of after
18 receipt of the
preliminary plat, shall approve it, and note its
19 approval on the copy
to be returned to the proprietor approve
it
20 subject to conditions, or reject it. If the preliminary plat is
21 approved, the county road commission shall note its approval on
22 the copy to be returned to the proprietor. If the preliminary
23 plat is approved subject to conditions or rejected, the reasons
24 for rejection and
requirements for approval shall be given the
25 proprietor in writing to the proprietor and each of the other
26 officers and agencies to which the proprietor was required to
27 submit the preliminary plat under sections 114 to 115 and 117 to
1 119.
2 Sec. 114. (1) The proprietor shall submit 3 copies of the
3 preliminary plat to the county drain commissioner, if there is a
4 county drain commissioner.
5 (2) The county drain
commissioner or, governing body, if
6 there is no drain commissioner, the governing body may require a
7 topographic map showing direction of storm water drainage both
8 within the lands proposed to be subdivided and from the land as
9 subdivided.
10 (3) The county drain commissioner or governing body, within
11 30 days of after
receipt of the preliminary plat, shall approve
12 it, and note
its approval on the copy to be returned to the
13 proprietor approve it subject to conditions, or reject
it. If
14 the preliminary plat is approved, the drain commissioner or
15 governing body shall note its approval on the copy to be returned
16 to the proprietor. If the preliminary plat is approved subject to
17 conditions or rejected, the reasons for rejection and
18 requirements for approval
shall be given the proprietor in
19 writing to the proprietor and each of the other officers and
20 agencies to which the proprietor was required to submit the
21 preliminary plat under sections 113 to 115 and 117 to 119.
22 Sec. 115. (1) The proprietor shall submit 3 copies of the
23 preliminary plat to the state
transportation department, of
24 state highways, if any of the proposed subdivision includes or
25 abuts a state trunk line
highway , or includes streets or roads
26 that connect with or lie
within the right of way right-of-way
27 of state trunk line highways.
Senate Bill No. 1416 as amended November 9, 2004
1 (2) The state
transportation department, of state highways,
2 within 30 days of after
receipt of the preliminary plat, shall
3 approve it, and
note its approval on the copy to be returned to
4 the proprietor approve it subject to conditions, or reject
it.
5 If the preliminary plat is approved, the department shall note
6 its approval on the copy to be returned to the proprietor. If the
7 preliminary plat is approved subject to conditions or rejected,
8 the reasons for rejection and requirements for approval shall be
9 given the proprietor in
writing to the proprietor and each of
10 the other officers and agencies to which the proprietor was
11 required to submit the preliminary plat under sections 113 to 115
12 and 117 to 119.
13 Sec. 116. (1) The proprietor shall submit 2 copies of the
14 preliminary plat to the conservation
department of <<environmental
15 quality >> for information purposes, if the land proposed to be
16 subdivided abuts a lake
or stream , or abuts an existing or
17 proposed channel or lagoon affording access to a lake or stream
18 where public rights may be affected.
19 (2) The department,
within 30 days of after receipt of the
20 preliminary plat, shall place the proprietor, the governing body
21 of the municipality, and the county plat board on notice in
22 writing if it approves
or has any objections or may furnish
23 such information to each as may be helpful or necessary in its
24 opinion to adequately plan the development and secure approval of
25 the final plat.
26 (3) Copies of such
the letters required under subsection
27 (2) shall be sent to the state
treasurer department of labor
1 and economic growth.
2 Sec. 117. (1) The proprietor shall submit 2 copies of the
3 preliminary plat to the department of environmental quality, if
4 any of the subdivision lies wholly or in part within the
5 floodplain of a river, stream, creek, or lake. The department of
6 environmental quality,
within 30 days of after receipt of the
7 preliminary plat, shall
approve it, and note its approval on the
8 copy to be returned to
the proprietor approve it subject
to
9 conditions, or reject it. If the preliminary plat is approved,
10 the department of environmental quality shall note its approval
11 on the copy to be returned to the proprietor. If the department
12 of environmental quality approves the preliminary plat subject to
13 conditions or rejects the preliminary plat, the department shall
14 give the reasons for rejection and requirements for approval in
15 writing to the proprietor and to each of the other officers and
16 agencies to which the proprietor was required to submit the
17 preliminary plat under sections 113 to 115 and 117 to 119. The
18 determination of a floodplain area shall be based on rules
19 specified in section 105(f).
20 (2) The preliminary plat submittal to the department of
21 environmental quality under subsection (1) shall be accompanied
22 by a fee of $500.00 to cover the administrative cost of the
23 department's preliminary plat review. If the department of
24 environmental quality determines that engineering computations
25 are required to establish the limits of the floodplain on a
26 preliminary plat, the department shall assess an additional fee
27 of $1,500.00 to cover the department's cost of establishing those
1 limits.
2 (3) The department of environmental quality shall forward
3 fees collected under this section to the state treasurer for
4 deposit in the land and water management permit fee fund created
5 in section 30113 of the natural resources and environmental
6 protection act, 1994 PA 451, MCL 324.30113.
7 Sec. 118. (1) The proprietor shall submit 3 copies of the
8 preliminary plat to the health department having jurisdiction, if
9 public water and public sewers are not available and accessible
10 to the land proposed to be subdivided.
11 (2) The health
department, within 30 days of after receipt
12 of the preliminary plat,
shall approve it, and note its approval
13 on the copy to be
returned to the proprietor approve
it subject
14 to conditions, or reject
all or such any portion of the
15 proposed subdivision that is not suitable. If the preliminary
16 plat is approved, the health department shall note its approval
17 on the copy to be returned to the proprietor. If all or any
18 portion of the preliminary plat is approved subject to conditions
19 or is rejected, it the
health department shall give its reasons
20 for rejection and
requirements for approval to the proprietor
21 and governing body in writing to the proprietor, the governing
22 body, and each of the other officers and agencies to which the
23 proprietor was required to submit the preliminary plat under
24 sections 113 to 115 and 117 to 119.
25 Sec. 120. (1)
Final approval of the preliminary plat
26 approval under this
section shall confer upon the proprietor for
27 a period of 2 years
from date of approval, the conditional right
Senate Bill No. 1416 as amended November 9, 2004
1 that the general terms
and conditions under which preliminary
2 approval was granted
will not be changed. The 2-year period may
3 be extended if applied
for by the proprietor and granted by the
4 governing body in
writing. Written notice of the extension shall
5 be sent by the
governing body to the other approving
6 authorities. The
7 (1) After the preliminary plat is approved or is approved
8 subject to conditions pursuant to sections 113 to 119, the
9 proprietor shall do all of the following:
10 (a) Submit a
preliminary plat to all authorities as required
11 by sections 112 to
119.
12 (a) (b) Submit
to the clerk of the governing body of the
13 municipality a list of
all such authorities to the clerk of
14 the governing body of
the municipality required by
sections 113
15 to 119 to review the preliminary plat, certifying that the list
16 shows all authorities as
required by sections 112 113 to 119.
17 (b) (c) Submit
all approved copies written approvals to
18 the clerk of the
governing body. , after all necessary approvals
19 have been secured.
20 (2) The governing body of the municipality, after receipt of
21 the necessary approved copies of the preliminary plat, shall do
22 all of the following:
23 (a) Consider and review the preliminary plat at its next
24 meeting, or within 20 days from the date of submission, and
25 approve it if the proprietor has met all conditions laid down <<by the municipality>> for
26 approval of the preliminary plat.
27 (b) Instruct the clerk to promptly notify the proprietor of
1 approval or rejection in
writing , and, if rejected, to give
2 the reasons.
3 (c) Instruct the clerk to note all proceedings in the minutes
4 of the meeting which minutes shall be open for inspection.
5 (3) Final approval of the preliminary plat under this section
6 confers upon the proprietor for a period of 2 years from date of
7 approval the conditional right that the general terms and
8 conditions under which preliminary plat approval was granted will
9 not be changed. The 2-year period may be extended if applied for
10 by the proprietor and granted by the governing body in writing.
11 Written notice of the extension shall be sent by the governing
12 body to the other approving authorities.
13 Sec. 131. (1) Following final approval of the preliminary
14 plat by the governing
body under section 120, the proprietor
15 shall cause a survey and 5
a true plats plat thereof to be
16 made by a surveyor.
17 (2) All approvals made on the preliminary plat shall expire
18 as provided in section 120.
19 (3) A final plat shall not be accepted after the date of
20 expiration of the preliminary plat approval.
21 (4) A final plat
received by the state treasurer department
22 of labor and economic growth more than 1 year following the date
23 of approval of the city or county treasurer shall be returned to
24 the city or county treasurer who shall make a new certificate
25 currently dated, relative to paid or unpaid taxes, special
26 assessments, and tax liens or titles.
27 (5) All final plats of subdivided land shall comply with the
1 provisions of this
section and sections 131 132 to 151.
2 Sec. 142. The proprietor shall provide a true copy of the
3 final plat to each of the authorities named in sections 146 to
4 149. To entitle a final plat to be recorded, the following
5 certificates, in the form
prescribed by the state treasurer
6 department of labor and economic growth, lettered or printed
7 legibly with black, durable ink or typed legibly with black
8 ribbon ink shall appear on it and the certificates
shall
9 contain the statements and information and shall be signed and
10 dated as prescribed in sections
141 to 150 151:
11 (a) A surveyor's certificate of compliance with the statute.
12 (b) A certificate of the proprietor submitting the plat.
13 (c) A certificate of taxes by the treasurer of the county in
14 which the plat is
situated, as required by section 135 of Act
15 No. 206 of the Public
Acts of 1893, as amended the
general
16 property tax act, 1893 PA 206, MCL 211.135.
17 (d) A certificate of taxes signed by the treasurer of the
18 municipality in which the plat is located if the municipality
19 does not return delinquent taxes to the state treasurer, as
20 required by section 135
of Act No. 206 of the Public Acts of
21 1893, as amended the general property tax act, 1893 PA 206, MCL
22 211.135.
23 (e) A certificate of approval of the county drain
24 commissioner, if there is a county drain commissioner.
25 (f) A certificate of approval of the board of county road
26 commissioners, if public streets and roads shown on the plat are
27 under its jurisdiction or to come under its jurisdiction and if
1 any private streets or roads shown on the plat are in an
2 unincorporated area.
3 (g) A certificate of approval of the governing body of the
4 municipality. The certificate of the governing body of the
5 municipality may not be placed on the plat unless the proprietor
6 has deposited with the clerk both the filing and recording fee
7 required by section 241 and the fee permitted by section 246 by
8 the municipality for review and approval of a plat.
9 (h) A certificate of approval of the county plat board. The
10 certificate may not be placed on the plat unless the filing and
11 recording fee required by section 241 has been received by the
12 clerk chairperson or secretary of the county plat
board.
13 (i) A certificate of
approval of the state highway
14 commission transportation department when the subdivision
15 includes or abuts state trunk line highways.
16 (j) A certificate of
approval of the state treasurer
17 department of labor and economic growth. The certificate of the
18 state treasurer department of labor and economic growth may
not
19 be placed on the plat unless the portion of the filing and
20 recording fee due the state as provided by section 241 has been
21 received by him the
department.
22 Sec. 147. (1) A certificate shall be signed by the
23 majority chairperson of the board of county road
24 commissioners.
25 (2) The certificate shall show the date on which the board
26 met and approved the plat and the date the certificate was placed
27 on the plat.
1 (3) The certificate
shall signify that both of the
2 following:
3 (a) The That
the plat has been reviewed and conforms to the
4 requirements of this act and the board's published rules and
5 regulations relative to streets, alleys, roads, and highways
6 under its jurisdiction.
7 (b) The That
the plat has the board's approval.
8 Sec. 161. (1) The final plat shall be submitted in
9 accordance with the procedure prescribed in this section and
10 sections 162 to 173.
11 (2) The proprietor shall submit 1 true copy of the final plat
12 to each of the following officers or agencies, as applicable, for
13 their simultaneous review and action within the time periods
14 prescribed in sections 163 to 167a:
15 (a) The drain commissioner, if the drain commissioner's
16 approval was required on the preliminary plat.
17 (b) The board of county road commissioners, if the board's
18 approval was required on the preliminary plat.
19 (c) The clerk of the governing body of the municipality,
20 together with the filing and recording fee required by section
21 241.
22 (d) The state transportation department, if the department's
23 approval was required on the preliminary plat.
24 (3) The sworn certificate of the surveyor who made the plat
25 shall appear on each true copy of the final plat and shall state
26 all of the following:
27 (a) A statement that the copy is a true copy of the final
1 plat.
2 (b) A statement that the plat is subject to the approval of
3 each of the officers and agencies whose approval is required
4 under sections 162 to 169, with a list of those officers and
5 agencies.
6 (c) The date of the certificate.
7 Sec. 162. The
proprietor shall submit 5 1 true copies
8 copy of the final plat to the drain commissioner, if his or her
9 approval was required on
the preliminary plat, or 6 2 true
10 copies if the proprietor requests an additional copy to be
11 returned to him or her.
12 Sec. 163. Within 10 days after the date of receiving the
13 plat under section 161(2)(a), the drain commissioner shall do 1
14 of the following:
15 (a) Certify his
approval on all copies of the plat and
16 return it to the
proprietor; or Approve the plat
and notify the
17 proprietor of his or her approval.
18 (b) Reject the plat, give his or her reasons in writing, and
19 return it to the
proprietor. (c) Send The drain commissioner
20 shall send a copy of the letter of rejection to the clerk of the
21 governing body and the chairperson of the county plat board.
22 Sec. 164. When
the plat has been approved by the drain
23 commissioner, the The proprietor shall submit all copies 1
24 true copy of the plat to the board of county road commissioners,
25 when their approval was required on the preliminary plat.
26 Sec. 165. Within 15 days after the date of receiving the
27 plat under section 161(2)(b), a majority of the board of county
1 road commissioners shall do 1 of the following:
2 (a) Certify their
approval on all copies of the plat and
3 return it to the
proprietor; or Approve the plat,
instruct the
4 chairperson to certify their approval on the final plat, and
5 notify the proprietor of the board's approval.
6 (b) Reject the plat, give their reasons in writing, and
7 return it to the
proprietor. (c) Send The board of county road
8 commissioners shall send a copy of the letter of rejection to the
9 clerk of the governing body and the chairperson of the county
10 plat board.
11 Sec. 166. When
the plat has been approved by the drain
12 commissioner and the
county road commissioners, the The
13 proprietor shall submit all
copies 1 true copy of the plat to
14 the clerk of the governing body of the municipality, together
15 with the filing fee required by section 241.
16 Sec. 167. (1) At its next regular meeting, or at a meeting
17 called within 20 days of
after the date of submission
18 receiving the plat under section 161(2)(c), the governing body
19 shall do 1 of the following:
20 (a) Approve the plat if it conforms to all of the provisions
21 of this act and instruct the clerk to notify the proprietor of
22 the governing board's approval and certify on the plat to the
23 governing body's approval, showing the date of the governing
24 body's approval, the approval of the health department, when
25 required, and the date thereof as shown as the approved
26 preliminary plat. ;
or
27 (b) Reject the plat, instruct the clerk to give the reasons
1 in writing as set forth in the minutes of the meeting, and return
2 the plat to the proprietor.
3 (2) (c)
Instruct The governing body shall instruct the
4 clerk to record all proceedings in the minutes of the meeting,
5 which shall be open for inspection, and to send a copy of the
6 minutes to the county plat board.
7 Sec. 167a. Within 10 days of receipt of the plat under
8 section 161(2)(d), the state transportation department shall do 1
9 of the following:
10 (a) Approve the plat and notify the proprietor of its
11 approval.
12 (b) Reject the plat and notify the proprietor directly,
13 giving the reasons in writing. The commission shall send a copy
14 of the letter of rejection to the chairperson of the county plat
15 board.
16 Sec. 168. (1) When
approved by the governing body, the
17 clerk Upon notice of each approval, the proprietor shall
obtain
18 the certificate on the final plat of each of the officers and
19 agencies whose certificate is required by sections 145 to 148.
20 The certificates and approvals may be obtained in any order. The
21 proprietor shall promptly
then forward all copies of the
22 final plat to the clerk
secretary of the county plat board,
23 together with the filing and recording fee.
24 (2) Within 15 days of the date of receipt of the plat, a
25 majority of the county
plat board shall : (a) Review review
26 the plat for conformance to all provisions of the act and
27 certify do 1 of the following:
Senate Bill No. 1416 as amended November 9, 2004
1 (a) Certify their
approval on all copies; or the plat.
2 (b) Reject the plat and notify the proprietor of the reasons
3 in writing when returning
the plat, also sending and send a
4 copy of the letter to the clerk of the governing body.
5 Sec. 169. Upon approval of the plat by a majority of the
6 county plat board, the clerk
chairperson of the board shall
7 forward it with all copies of the plat to the state
8 administrator.
9 Sec. 171. Within 15
days after receipt of the plat , or
10 within 25 days if the
plat requires the approval of the state
11 highway commission,
the state treasurer the
department of labor
12 and economic growth shall review the plat and do 1 of the
13 following:
14 (a) Review the
plat and when it If the plat conforms to all
15 of the provisions of this
act, he shall procure at least 4
16 exact copies at the surveyor's expense, approve it the plat,
17 and send 1 copy of the
original final plat to the register of
18 deeds for recording.
; or
19 (b) Reject the plat and notify the proprietor in writing of
20 the reasons.
21 Enacting section 1. Section 170 of the land division act,
22 1967 PA 288, MCL 560.170, is repealed.
<<Enacting section 2. This amendatory act takes effect July 1, 2005.>>