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Introduced by Senator Stille
ENROLLED SENATE BILL No. 112
AN ACT to amend the title and sections 101, 102, 103, and 105 of Act No. 288 of the Public Acts of 1967, entitled as amended "An act to regulate the subdivision of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained by subdividers prior to the recording and filing of plats; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts," section 102 as amended by Act No. 78 of the Public Acts of 1996, being sections 560.101, 560.102, 560.103, and 560.105 of the Michigan Compiled Laws; and to add sections 108 and 109.
The People of the State of Michigan enact
Section 1. The title and sections 101, 102, 103, and 105 of Act No. 288 of the Public Acts of 1967, section 102 as amended by Act No. 78 of the Public Acts of 1996, being sections 560.101,560.102, 560.103, and 560.105 of the Michigan Compiled Laws, are amended and sections 108 and 109 are added to read as follows:
TITLE
An act to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts.
Sec. 101. This Act shall be known and may be cited as the "land division act"
Sec. 102. As used in this act:
(a) "Plat" means a map or chart of a subdivision of land.
(b) "Land" means any land areas occupied by real property.
(c) "Preliminary plat" means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.
(d) "Division" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of sections 108 and 109. Division does not include a property transfer between 2 or more adjacent parcels, if the property taken from 1 parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance.
(e) "Exempt split" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executor, administrators, legal representatives, successors, or assigns that does not result in 1 or more parcels of less than 40 acres or the equivalent. For a property transfer between 2 or more adjacent parcels, if the property taken from 1 parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance.
(f) "Subdivide" or "subdivision" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of this act by sections 108 and 109. "Subdivide" or "subdivision" does not include a property transfer between 2 or more adjacent parcels, if the property taken from1 parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of an applicable local ordinance.
(g) "Parcel" means a continuous area or acreage of land which can be described as provided for in this act.
(h) "Tract" means 2 or more parcels. that share a common property line and are under the same ownership.
(i) "Parent parcel" or "Parent tract" means a parcel or tract, respectively, lawfully in existence on the effective date of the mandetory act that added this subdivision.
(j) "Accessible", in reference to a parcel, means that the parcel meets 1 or both of the following requirements: Has an area where a driveway provides vehicular access to an existing road or street and meets all applicablel ocation standards of the state transportation department or county road commission under Act No. 200 of the Public Acts of 1969, being sections 247.21 to 247.329 of the Michigan Compiled Laws, and of the city or village, or has an area where a driveway can provide vehicular access to an existing read or street and meet all such applicable location standards.
(i) Is served by an existing easement that provides vehicle access to an existing road or street and that meets an applicable loction standards of the state transportation department or county road commission under Act No. 200 of the Public Acts of 1969 and of the city or village, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet an such applicable location standards.
(k) "Development site" means any parcel or lot on which exists or which is intended for building development other than the following: Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grass, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities. Forestry use involving the planting, management, or harvesting of lumber.
(l) "Forty acres or the equivalent" means 40 acres, a quarter-corner section containing not less than 30 acres, or a government lot containing not less than 30 acres.
(m) "Lot" means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.
(n) "Outlot", when included within the boundary of a recorded plat, means a lot set aside for purposes other than a development site, park, or other land dedicated to public use or reserved to private use.
(o) "Proprietor" means a natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not.
(p) "Governing body" means the legislative body of a city or village or the township board of a township.
(q) "Municipality" means a township, city, or village.
(r) "County plat board" means the register of deeds, who shall act as chairperson, the county clerk, who shall act as secretary, and the county treasurer. If the offices of county clerk and register of deeds have been combined, the chairperson of the board of supervisors shall be a member of the plat board and shall act as chairperson. In a county where a board of auditors is authorized by law such board may elect to serve on the county plat board by adopting a resolution so ordering. A copy of the recorded resolution shall be sent to the state treasurer.
(s)"Public utility" means all persons, firms, corporations, copartnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, sewer, or other services of a similar nature.
(t) "Caption" means the name by which the plat is legally and commonly known.
(u) Replat" means the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.
(v)"'Surveyor" means a professional surveyor licensed under article 20 of the occupational code, Act No. 299 of the Public Acts of 1980, being sections 339£001 to 3392014 of the Michigan Compiled Laws.
(w) "Engineer" means a civil engineer who is a professional engineer licensed under article 20 of the occupational code, Act No. 299 of the Public Acts of 1980, being sections 3392001 to 3392014 of the Michigan Compiled Laws.
(x) "Government survey" means the land surveyed, subdivided and monumented by the United States public land survey.
(y)"Michigan coordinate system" means the system defined in Act No. 9 of the Public Acts of 1964, being sections 54231 to 54239 of the Michigan Compiled Laws.
(z) "Alley" means a public or private right of way shown on a plat which provides secondary access to a lot, block, or parcel of land.
(aa) "Health department" means the department of environmental quality, a city health department, a county health department, or a district health department, whichever has jurisdiction.
(bb) "Public sewer" means a sewerage system as defined in section 4101 of part 41 (sewerage systems) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.4101 of the Michigan Compiled Laws.
(cc) "Public water" means a system of pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes, and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water to the public for household or drinking purposes.
(dd) "Topographical map" means a map showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
(ee) "Flood plain" means that area of land adjoining the chanel of a river, stream, water course, lake, or other similar body of water which will be inundated by a flood which can reasonably be expected for that region.
Sec. 103.
(1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. A subdivision is subject to the platting requirements of this act.
(2) Plats of retracement or boundary surveys made by a department or agency of the United States or of state-owned lands made by a department or agency of the state for the retracement and division of public lands according to the survey instructions issued by the United States department of the interior may be recorded with the register of deeds of the county in which the lands represented on the plats are situated and need not otherwise comply with this act, except that plat size shall be as provided in section 132.
(3) A survey and plat shall be made when any amendment, correction, alteration or revision of a recorded plat is ordered by a circuit court.
(4) Urban renewal plats authorized by the governing body of a municipality as provided in Act No. 344 of the Public Acts of 1945, being sections 125.71 to 12524 of the Michigan Compiled Laws, shall conform to this act.
Sec. 105. Approval of a preliminary plat, or final plat shall be conditioned upon compliance with all of the following:
(a) The provisions of this act.
(b) Any ordinance or published rules of a municipality or county adopted to carry out the provisions of this act.
(c) Any published rules of a county Drain Commissioner, county road commission, or county plat board adopted to carry out the provisions of this act.
(d) The rules of the state transportation department relating to provisions for the safety of entrance upon and departure from the abutting state trunk line highways or connecting streets and relating to the provisions of drainage as required by the department's then currently published standards and specifications.
(e) The rules of the department of consumer and industry services for the approval of plats, including forms, certificates of approval, and other required certificates, captioning of plats, and numbering of lots.
(f) The rules of the department of environmental quality for the determination and establishment of floodplain areas of rivers, streams, creeks, or lakes, as provided in this act, as published in the state administrative code.
(g) The rules of the department of environmental quality relating to suitability of groundwater for on-site water supply for subdivisions or development sites not served by public water or to suitability of soils for subdivisions or development sites not served by public sewers. The department of environmental quality may authorize a city, county, or district health department to carry out the provisions of this act and rules promulgated under this act relating to suitability of groundwater for subdivisions or development sites not served by public water or relating to suitability of soils for subdivisions or development sites not served by public sewers. The department of environmental quality may require percolation tests and boring tests to determine suitability of soils. When such tests are required, they shall be conducted under the supervision of a registered engineer, registered land surveyor, or registered sanitarian in accordance with uniform procedures established by the department of environmental quality.
Sea 108.
(1) A division is not subject to the platting requirements of this act.
(2) Subject to subsection
(3) The division, together with any previous divisions of the same parent parcel or parent tract, shall result in a number of parcels not more than the sum of the following, as applicable: (a) For the first 10 acres or fraction thereof in the parent parcel or parent tract, 4 parcels.
(b) For each whole 10 acres in excess of the first 10 acres in the parent parcel or parent tract, 1 additional parcel, for up to a maximum of 11 additional parcels.
(c) For each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract, 1 additional parcel.
(3) For a parent parcel or parent tract of not less than 20 acres, the division may result in a total of 2 parcels in addition to those permitted by subsection (2) if 1 or both of the following apply:
(a) Because of the establishment of 1 or more new roads, no new driveway accesses to an existing public road for any of the resulting parcels under subsection (2) or this subsection are created or required.
(b) One of the resulting parcels under subsection (2) and this subsection comprises not less than 60% of the area of the parent parcel or parent tract.
(4) A parcel of 40 acres or more created by the division of a parent parcel or parent tract shall not be counted toward the number of parcels permitted under subsections (2) and (3) and is not subject to section 109, if the parcel is accessible.
(5) A parcel or tract created by an exempt split or a division is not a new parent parcel or parent tract and may be further partitioned or split without being subject to the platting requirements of this act if all of the following requirements are met:
(a) Not less than 10 years have elapsed since the parcel or tract was recorded.
(b) The partitioning or splitting results in not more than the following number of parcels, whichever is less: ( Two parcels for the first 10 acres or fraction thereof in the parcel or tract plus 1 additional parcel for each whole 10 acres in excess of the first 10 acres in the parcel or tract. Seven parcels or 10 parcels if one of the resulting parcels under this subsection comprises not less than 60% of the area of the parcel or tract being partitioned or split.
(c) The partitioning or splitting satisfies the requirements of section 109.
(d).A parcel or tract created under the provisions of subsection (5) may not be further partitioned or split without being subject to the platting requirements of this act, except in accordance with the provisions of subsection (5).
Sec. 109.
(1) A municipality shall approve a proposed division within 30 days after the filing of the proposed division with the assessor or other locally designated official if, in addition to the requirements of section 108, all of the following requirements are met:
(a) Each resulting parcel has an adequate and accomodate legal description and is included in a tentative parcel map showing area, parcel lines, public utility easements, accesibility, and other requirements of this section and section 108. The tentative parcel map shall be a scale drawing showing the-approximate dimensions of the parcels.
(b) Each resulting parcel has a depth of not more than 4 times the width or, if an ordinance referred to in section 105 (c) requires a smaller depth to width ratio, a depth to width ratio as required by the ordinance. A municipality may allow a greater depth to width ratio than that otherwise required by this subdivision or an ordinance referred to in section 105. The greater depth to width ratio shall be based on standards set forth in the ordinance referred to in section 105(b). The standards may include, but are not required to include and need not be limited to, exceptional topographic or physical conditions with respect to the parcel and compatibility with surrounding lands. The depth to width ratio requirements of this subdivision do not apply to a parcel larger than 10 acres, unless an ordinance referred to in section 105(b) provides otherwise, and do not apply to the remainder of the parent parcel or parent tract retained by the proprietor.
(c) Each resulting parcel has a width not less than that required by an ordinance referred to in section 105(b).
(d) Each resulting parcel has an area not less than that required by an ordinance referred to in section 105(b).
(e) Each resulting parcel is accessible.
(f) The division meets all of the requirements of section 108.
(g) Each resulting parcel that is a development site has all of the following: Public water or health department approval for on-site water supply under rules described in section 105(g).
(i) Public sewer or city, county, or district health department approval for on-site sewage disposal under rules described in section 105(g).
(ii) Adequate easements for public utilities from the parcel to existing public utility facilities.
(2) The right to make divisions exempt from the platting requirements of this act under section 108 and this section be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract..
(3) A person shall not sell a parcel of unplatted land unless the deed contains a statement as to whether the right to make further divisions exempt from the platting requirements of this act under this section and section 108 is proposed to be conveyed. The statement shall be in substantially the following form: "the grantor grants to the grantee the right to make [insert number] division(s) under section 108 of the land division act, Act No. 288 of the Public Acts of 1967." In the absence of a statement conforming to the requirements of this subsection, the right to make such divisions with the remainder of the parent tract or parent parcel retained by the grantor.
(4) All deeds for parcels of unplatted land within the state of l~iichigan after the effective date of this act shall contain the following statement: is property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan right to farm act."
This act did not receive immediate effect and will take effect 90 days after final adjournment of the Legislature. Secretary of the Senate. Clerk of the House of Representatives.
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Act No. 591
