March 2, 2006, Introduced by Senator BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
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.
(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 reasonable and sufficient
to ensure
completion
performance by the
proprietor of the proprietor's
obligation
to make the required improvements within
the time
specified
designated in writing by the
proprietor.
(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, an irrevocable letter of credit,
or a surety bond, as selected by the proprietor. 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
not prohibit cul-de-sacs but shall
reject a final plat isolating lands from existing public streets or
roads, unless the proprietor provides suitable access by easement
or 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.