SB-1107, As Passed Senate, July 26, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1107

     A bill to amend 1967 PA 288, entitled

"Land division act,"

by amending section 183 (MCL 560.183), as amended by 2004 PA 122.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 183. (1) The county road commission may require the

following as a condition of approval of final plat for all

highways, streets, and alleys in its jurisdiction or to come under

its jurisdiction and also for all private roads in unincorporated

areas:

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

requirements that the board may have adopted and published.

     (b) Adequate provision for traffic safety in laying out drives

which enter county roads and streets, as provided in the board's

current published construction standards.

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

materials of a thickness and width provided in its current

published construction standards.

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

construction, to be prepared and sealed by a civil engineer

registered in this state.

     (e) Installation of bridges, culverts, and drainage structures

where the board considers necessary.

     The board may regulate cul-de-sacs and may approve or deny

cul-de-sacs on an individual basis, but shall not adopt a policy or

rule prohibiting cul-de-sacs.

(2)  (f) Completion of all  If all improvements required

improvements relative to streets, alleys, and roads, or  under

subsection (1) are not made before the final plat is submitted to

the board for approval, the board nonetheless shall promptly

approve the final plat if the final plat otherwise meets the

requirements of this act and if the proprietor posts a deposit  by

the proprietor with the board in  the form of cash, a certified

check, or irrevocable letter of credit, whichever the proprietor

selects, or a surety bond acceptable to the board, in an amount

that the board determines to be sufficient to ensure  completion

performance of the proprietor's obligation to make the required

improvements within the time specified. Regardless of the deposit

amount, the actual cost to complete all of the improvements remains

the responsibility of the proprietor or its surety agent.

     (2) As a condition of approval of the final plat, the board

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

in subsection (1)(f), to ensure performance of the obligations of

the proprietor to make required improvements.

     (3) The deposit required under subsection (2) shall be in the

form of cash, a certified check which the board shall promptly

convert to cash, or an irrevocable letter of credit, as selected by

the proprietor, or a surety bond as prequalified by the state

transportation department and acceptable to the board. Any surety

bond shall be underwritten by a surety acceptable to the board.

(4)  (3) The board 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.

(5)  (4) The board shall reject a final plat isolating other

lands of the proprietor within or adjoining the plat from existing

public streets or roads  , unless the proprietor provides suitable

access by easement or suitable access dedicated to public use.

(6)  (5) As used in this section, "county road commission"

means the board of county road commissioners elected or appointed

pursuant to section 6 of chapter IV of 1909 PA 283, MCL 224.6, or,

in the case of a charter county with a population of 2,000,000 or

more with an elected county executive that does not have a board of

county road commissioners, the county executive for ministerial

functions and the county commission provided for in section

14(1)(d) of 1966 PA 293, MCL 45.514, for legislative functions.