SENATE BILL No. 144

February 6, 2001, Introduced by Senator BENNETT and referred to the Committee on

Farming, Agribusiness and Food Systems.

A bill to amend 1967 PA 288, entitled

"Land division act,"

by amending section 192 (MCL 560.192), as amended by 1982

PA 529.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 192. (1) The county drain commissioner or the govern-

2 ing body of the municipality in which the subdivision is

3 situated LOCATED, whichever has jurisdiction, shall require

4 the following as a condition of approval of the final plat :

5 (a) That THAT the proprietor provide for adequate storm water

6 facilities within the lands proposed for platting and outlets

7 thereto FOR THE STORM WATER FACILITIES. (b) If adequate

8 storm water facilities within the land proposed for platting are

9 not installed before approval of the final plat, the proprietor

10 shall enter into an agreement with the governing body or county

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1 drain commissioner and shall post a cash deposit, certified

2 check, or irrevocable bank letter of credit, whichever the pro-

3 prietor selects, or a surety bond acceptable to the approving

4 authority, in an amount sufficient for the faithful performance

5 of the agreement. A rebate shall be made to the proprietor, as

6 the work progresses, of amounts of any cash deposits equal to the

7 ratio of the work completed to the entire project.

8 (2) (c) The county drain commissioner , or where there is

9 no drain commissioner the body having jurisdiction shall require

10 AS A CONDITION OF APPROVAL OF THE FINAL PLAT THAT the proprietor

11 at his or her expense to establish a county or intercounty

12 drain according to the procedure provided in Act No. 40 of the

13 Public Acts of 1956, as amended, being sections 280.1 to 280.630

14 of the Michigan Compiled Laws, if deemed THE DRAIN CODE OF 1956,

15 1956 PA 40, MCL 280.1 TO 280.630, IF CONSIDERED necessary to

16 insure ENSURE adequate maintenance of storm water outlet

17 facilities.

18 (3) (d) That THE COUNTY DRAIN COMMISSIONER OR THE GOVERN-

19 ING BODY OF THE MUNICIPALITY IN WHICH THE SUBDIVISION IS LOCATED,

20 WHICHEVER HAS JURISDICTION, SHALL REQUIRE AS A CONDITION OF

21 APPROVAL OF THE FINAL PLAT THAT the proprietor provide adequate

22 storm water retention basins where deemed CONSIDERED necessary

23 for all or a specified part of the lands LAND proposed for

24 platting. and, if approved by the municipality in which these

25 lands are located, that the THE municipality MAY assume the cost

26 of operation and maintenance of the retention basins AS A

27 CONDITION OF APPROVAL OF THE FINAL PLAT. A RETENTION BASIN SHALL

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1 BE DESIGNED, OPERATED, AND MAINTAINED SO AS TO RETAIN ALL STORM

2 WATER RUNOFF IN EXCESS OF THE AMOUNT OF STORM WATER RUNOFF THAT

3 WOULD HAVE BEEN GENERATED IF THE LAND WERE USED SOLELY FOR

4 AGRICULTURE.

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