Bill Text: MI HB5698 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Land use; land division; reference to department of treasury; revise to department of energy, labor, and economic growth. Amends secs. 102, 151, 172, 173, 198, 210, 224a, 229, 242, 244, 255b, 256, 257 & 290 of 1967 PA 288 (MCL 560.102 et seq.).
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2010-05-06 - Assigned Pa 63'10 With Immediate Effect [HB5698 Detail]
Download: Michigan-2009-HB5698-Chaptered.html
Act No. 63
Public Acts of 2010
Approved by the Governor
May 6, 2010
Filed with the Secretary of State
May 6, 2010
EFFECTIVE DATE: May 6, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Barnett, Donigan, Stanley, Constan, Liss, Haugh and Kennedy
ENROLLED HOUSE BILL No. 5698
AN ACT to amend 1967 PA 288, entitled “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,” by amending sections 102, 151, 172, 173, 198, 210, 224a, 229, 242, 244, 255b, 256, 257, and 290 (MCL 560.102, 560.151, 560.172, 560.173, 560.198, 560.210, 560.224a, 560.229, 560.242, 560.244, 560.255b, 560.256, 560.257, and 560.290), section 102 as amended by 1996 PA 591 and section 224a as amended by 1996 PA 219.
The People of the State of Michigan enact:
Sec. 102. As used in this act:
(a) “Plat” means a map or chart of a subdivision of land.
(b) “Land” means all 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, executors, 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 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.
(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 amendatory act that added this subdivision.
(j) “Accessible”, in reference to a parcel, means that the parcel meets 1 or both of the following requirements:
(i) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the state transportation department or county road commission under 1969 PA 200, MCL 247.321 to 247.329, and of the city or village, or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.
(ii) Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the state transportation department or county road commission under 1969 PA 200, MCL 247.321 to 247.329, 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 all 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:
(i) Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grains, 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.
(ii) Forestry use involving the planting, management, or harvesting of timber.
(l) “Forty acres or the equivalent” means 40 acres, a quarter-quarter 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 director of the department of energy, labor, and economic growth.
(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, 1980 PA 299, MCL 339.2001 to 339.2014.
(w) “Engineer” means a civil engineer who is a professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.
(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 1964 PA 9, MCL 54.231 to 54.239.
(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 the natural resources and environmental protection act, 1994 PA 451, MCL 324.4101.
(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 channel 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. 151. (1) A certificate shall be signed and dated by the director of the department of energy, labor, and economic growth, or may be signed and dated for him by an officer of the department of energy, labor, and economic growth, if authorized by the director of the department of energy, labor, and economic growth.
(2) The certificate shall signify that:
(a) The plat conforms, in his or her opinion, to all of the requirements of this act and to the published rules and regulations of the department of energy, labor, and economic growth, relative to plats.
(b) The plat has the approval of the director of the department of energy, labor, and economic growth.
Sec. 172. Upon receipt of the plat from the director of the department of energy, labor, and economic growth the register of deeds shall:
(a) Certify on the plat the time of recording and the book and page where recorded. He or she shall not accept a plat for recording unless it is sent to him or her by the director of the department of energy, labor, and economic growth and bears a certificate of approval of the director of the department of energy, labor, and economic growth.
(b) Note on the record the time when made.
(c) Record the book and page number of any building restrictions noted on or filed with the plat.
(d) Certify and promptly forward to the director of the department of energy, labor, and economic growth on a form specified by him or her that the plat has been recorded.
Sec. 173. When notification of recording of 1 copy of plat has been received by the director of the department of energy, labor, and economic growth, he or she shall:
(a) Transcribe the certificate of recording on all other copies.
(b) Retain 1 copy for his or her files.
(c) Mail 1 copy of the plat to the county treasurer, 1 copy to the clerk of the municipality in which the plat is located, 1 copy to the county road commission or the city planning commission, and 1 copy to the proprietor if he has submitted an extra copy for certification and mailing.
Sec. 198. Subject to review and approval at a meeting of the county plat board of the county in which the subdivision is located, an affidavit by the surveyor who certified the plat may be recorded in the office of the register of deeds in which the plat is recorded but only for the purpose of correcting minor and typographical errors in distances, angles, directions, bearings, chords, lot numbers, street numbers or other details shown on a recorded plat as follows:
(a) The affidavit shall explain the purpose, exact nature, and details of the correction.
(b) If the county plat board rejects the request for recording of the affidavit, it shall give its reasons in writing.
(c) The register of deeds, after approval of the county plat board, shall note on the plat a reference to the book and page in which the affidavit is recorded and shall send a certified copy to the director of the department of energy, labor, and economic growth, who shall note or reference it on his copy of the plat. The director of the department of energy, labor, and economic growth shall send copies to all agencies which received a copy of the plat.
(d) A recorded affidavit, or a certified copy thereof, shall be prima facie evidence of the facts therein stated.
(e) Affidavits of correction may not be used to change the boundaries or shape of lots, outlots or parcels of land in a subdivision.
Sec. 210. The plat, when completed and certified as provided in this act with the exception of the certification by the county plat board and when approved by the governing body and in unincorporated areas by the board of county road commissioners, shall be acknowledged by the clerk thereof. When so approved and acknowledged, all copies of the plat shall be forwarded to the director of the department of energy, labor, and economic growth together with the recording fee specified in this act for all plats. The director of the department of energy, labor, and economic growth shall review the plat for adherence to the provisions of this act, or may reject it giving his or her reasons in writing. Upon approval, the director of the department of energy, labor, and economic growth shall forward the plat to the register of deeds for recording. On return of the proof of recording the required recording fee shall be sent to the register of deeds and the director of the department of energy, labor, and economic growth shall distribute the copies as required for all other final plats.
Sec. 224a. (1) The plaintiff shall join as parties defendant each of the following:
(a) The owners of record title of each lot or parcel of land included in or located within 300 feet of the lands described in the petition and persons of record claiming under those owners.
(b) The municipality in which the subdivision covered by the plat is located.
(c) The director of the department of energy, labor, and economic growth.
(d) The drain commissioner and the chairperson of the board of county road commissioners having jurisdiction over any of the land included in the plat.
(e) Each public utility which is known to the plaintiff to have installations or equipment in the subdivision or which has a recorded easement or franchise right which would be affected by the proceedings.
(f) The director of the state transportation department and the director of the department of natural resources if any of the subdivision includes or borders a state highway or federal aid road.
(g) If the requested action may result in a public highway or a portion of a public highway that borders upon, crosses, is adjacent to, or ends at a lake or the general course of a stream being vacated or altered in such a manner as would result in the loss of public access, the director of the department of natural resources and, if the subdivision is located in a township, the township. The department of natural resources and, if applicable, the township shall review the application and determine within 30 days whether the property should be retained by the state or township as an ingress and egress point, and shall convey that decision to the court.
(2) Service of process upon the joined parties defendant shall be made in accord with the general rules governing service of process in civil actions except that the parties defendant specified in subsection (1)(b), (f), or (g) may be served by registered mail and the parties defendant specified in subsection (1)(a) may be served by registered mail if there are more than 20 persons that must be joined pursuant to subsection (1)(a).
Sec. 229. (1) If the court orders a plat to be vacated, corrected, or revised in whole or in part, the court shall also direct plaintiff to prepare, in the form required by this act for a final plat, either a new plat of the part of the subdivision affected by the judgment or a new plat of the entire subdivision if the court’s judgment affects a major part of the subdivision.
(2) Five true copies of the new plat, accompanied by a copy of the court’s judgment, shall be filed with the director of the department of energy, labor, and economic growth. The caption of the new plat shall include a statement that it is a corrected or revised plat of all or part of the same subdivision covered by the original plat.
(3) After the director of the department of energy, labor, and economic growth has examined the new or amended plat for compliance with the court judgment and the provisions of this act for the making and filing of original final plats and has approved the new or amended plat, the director of the department of energy, labor, and economic growth shall distribute 1 copy each to the register of deeds, clerk of the municipality, county treasurer, and county road commission. One copy shall be filed in the office of the director of the department of energy, labor, and economic growth.
(4) Fees for recording and filing documents as required by this section shall be the same as for an original final plat.
Sec. 242. (1) The director of the department of energy, labor, and economic growth shall maintain a permanent file of plats and the index shall contain all pertinent information necessary to facilitate reference.
(2) A fee established by the director of the department of energy, labor, and economic growth shall be collected for copies of plats.
Sec. 244. (1) If the proprietor of a subdivision desires to retain a copy of the final plat, he or she shall forward a sixth copy of it to the director of the department of energy, labor, and economic growth for certification as an exact copy of the approved and recorded plat.
(2) The true copy requested may be made upon tracing linen or some similar material.
(3) No charge shall be made for certification of the sixth copy.
Sec. 255b. (1) Ten years after the date the plat is first recorded, land dedicated to the use of the public in or upon the plat shall be presumed to have been accepted on behalf of the public by the municipality within whose boundaries the land lies.
(2) The presumption prescribed in subsection (1) shall be conclusive of an acceptance of dedication unless rebutted by competent evidence before the circuit court in which the land is located, establishing either of the following:
(a) That the dedication, before the effective date of this act and before acceptance, was withdrawn by the plat proprietor.
(b) That notice of the withdrawal of the dedication is recorded by the plat proprietor with the office of the register of deeds for the county in which the land is located and a copy of the notice was forwarded to the director of the department of energy, labor, and economic growth, within 10 years after the date the plat of the land was first recorded and before acceptance of the dedicated lands.
Sec. 256. Subject to the restrictions prescribed in section 255a, when the governing body of a municipality by resolution or ordinance opens or vacates a street or alley or a portion of a street or alley, or extends, widens, or changes the name of an existing street or alley, the clerk of the municipality within 30 days shall record a certified copy with the register of deeds, giving the name of the plat or plats affected, and shall send a copy to the director of the department of energy, labor, and economic growth. Until recorded, the ordinance or resolution shall not have force or effect.
Sec. 257. (1) Subject to the restrictions prescribed in section 255a, when the governing body of a municipality determines that it is necessary for the health, welfare, comfort, and safety of the people of the municipality to discontinue an existing street, alley, or other public land shown on a plat, by resolution or ordinance, the governing body may reserve an easement in the street, alley, or land for public utility purposes and other public purposes within the right of way of the street, alley, or other public land vacated.
(2) The resolution or ordinance shall be recorded within 30 days with the register of deeds and a copy shall be sent to the director of the department of energy, labor, and economic growth.
Sec. 290. The employee in direct charge of the plat section in the department of energy, labor, and economic growth that performs services for the director of the department of energy, labor, and economic growth under this act, and that employee’s chief assistant, shall each be a professional surveyor licensed in this state.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
