HOUSE BILL No. 4899


     September 28, 1999, Introduced by Rep. Law and referred to the Committee on
Transportation.


        A bill to amend 1978 PA 59, entitled

   "Condominium act,"

   (MCL 559.101 to 559.275) by adding sections 71b and 71c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 71B.  (1) IF A PROPOSED CONDOMINIUM PROJECT INCLUDES OR

 2    ABUTS ROADS UNDER THE JURISDICTION OF THE COUNTY ROAD COMMISSION,

 3    BEFORE BEGINNING CONSTRUCTION OF THE PROPOSED PROJECT, THE DEVEL-

 4    OPER SHALL SUBMIT 3 COPIES OF THE PROPOSED PROJECT TO THE ENGI-

 5    NEER OR CHAIRPERSON OF THE COUNTY ROAD COMMISSION AND OBTAIN THE

 6    APPROVAL PROVIDED FOR IN SUBSECTION (3).

 7         (2) THE COUNTY ROAD COMMISSION MAY REQUIRE THE DEVELOPER OF

 8    A PROPOSED CONDOMINIUM PROJECT TO SUBMIT, ALONG WITH THE PROPOSED

 9    PROJECT SUBMITTED UNDER SUBSECTION (1), A TOPOGRAPHIC MAP THAT

10    SHOWS THE DIRECTION OF DRAINAGE AND PROPOSED WIDTHS OF ROADS

11    UNDER THE COUNTY ROAD COMMISSION'S JURISDICTION OR THAT WILL COME


   04205'99                                                 TMV
                                              2

 1    UNDER ITS JURISDICTION AND OF PRIVATE ROADS IN UNINCORPORATED

 2    AREAS.

 3         (3) WITHIN 30 DAYS AFTER RECEIPT OF THE PROPOSED PROJECT

 4    UNDER SUBSECTION (1), THE COUNTY ROAD COMMISSION SHALL APPROVE

 5    THE PROPOSED PROJECT AND NOTE ITS APPROVAL ON THE COPY TO BE

 6    RETURNED TO THE DEVELOPER, OR REJECT THE PROPOSED PROJECT.  IF

 7    REJECTED, THE REASONS FOR REJECTION AND REQUIREMENTS FOR APPROVAL

 8    SHALL BE GIVEN TO THE DEVELOPER IN WRITING.

 9         SEC. 71C.  (1) A TOWNSHIP MAY ADOPT AN ORDINANCE TO ASSUME

10    THE POWERS AND DUTIES OF THE COUNTY ROAD COMMISSION UNDER SECTION

11    71B WITH RESPECT TO REVIEW AND APPROVAL OF THE FOLLOWING:

12         (A) THE CONNECTION OF PROPOSED ROADS WITHIN A PROPOSED CON-

13    DOMINIUM PROJECT TO EXISTING ABUTTING PUBLIC RIGHTS OF WAY.

14         (B) PROVISION FOR ROADS EXTENDING TO THE BOUNDARIES OF THE

15    PROPOSED CONDOMINIUM PROJECT TO MAKE FUTURE ROAD CONNECTIONS.

16         (C) THE NUMBER OF PUBLIC ROAD ACCESS POINTS TO A PROPOSED

17    CONDOMINIUM PROJECT OR A PORTION OF A PROPOSED CONDOMINIUM

18    PROJECT.

19         (2) AN ORDINANCE ADOPTED UNDER SUBSECTION (1) SHALL PROVIDE

20    FOR THE TOWNSHIP'S INDEMNIFICATION OF THE COUNTY ROAD COMMISSION

21    AGAINST CLAIMS ARISING OUT OF THE TOWNSHIP'S PERFORMANCE OF THE

22    FUNCTIONS LISTED IN SUBSECTION (1).  AN ORDINANCE UNDER SUBSEC-

23    TION (1) DOES NOT SUPERSEDE THE POWERS AND DUTIES OF THE COUNTY

24    ROAD COMMISSION UNDER 1909 PA 283, MCL 220.1 TO 239.6, OR 1969 PA

25    200, MCL 249.321 TO 249.329.







   04205'99          Final page.                            TMV