HOUSE BILL No. 5589

December 13, 2007, Introduced by Reps. Ebli, Hammon, Sak, Byrum, Angerer, Hopgood, Kathleen Law, Lemmons, Gaffney, Garfield, Stahl and Nofs and referred to the Committee on Intergovernmental, Urban and Regional Affairs.

 

     A bill to amend 1967 PA 288, entitled

 

"Land division act,"

 

by amending section 182 (MCL 560.182).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 182. (1) The governing body of a municipality in which

 

the subdivision is situated may require the following as a

 

condition of approval of final plat, for all public and private

 

streets, alleys and roads in its jurisdiction:

 

     (a) Conformance to the general plan, width and location

 

requirements that it may have adopted and published, and greater

 

width than shown on a county or state plan, but may not require

 

conformance to a municipal plan that conflicts with a general plan

 

adopted by the county or state for the location and width of

 


certain streets, roads, and highways.

 

     (b) Proper drainage, grading, and construction of approved

 

materials of a thickness and width provided in its current

 

published construction standards.

 

     (c) Installation of bridges and culverts where it deems

 

considers necessary.

 

     (d) Submission of complete plans for grading, drainage, and

 

construction to be prepared and sealed by a civil engineer

 

registered in the state.

 

     (e) Completion of all required improvements relative to

 

streets, alleys, and roads or a deposit by the proprietor with the

 

clerk of the municipality in the form of cash, a certified check,

 

or irrevocable bank letter of credit, whichever the proprietor

 

selects, or a surety bond acceptable to the governing body, in an

 

amount sufficient to insure completion within the time specified.

 

     (2) As a condition of approval of the plat, the governing body

 

may require a deposit to be made in the same manner as provided in

 

subdivision (e) of subsection (1) (1)(e), to insure performance of

 

any of the obligations of the proprietor to make required

 

improvements.

 

     (3) The governing body 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.

 

     (4) The governing body shall reject a plat in any of the

 

following circumstances:

 

     (a) Reject a The plat which is isolated from or which isolates

 

other lands from existing public streets, unless suitable access is

 


provided.

 

     (b) Reject a The plat showing shows a street or road name

 

duplicating one already in use in the municipality, except in

 

continuing a street or road.

 

     (c) Reject a The plat showing shows the name of a new street,

 

alley, or road that is so similar to the one already in existence

 

in the municipality that permitting such that use in the

 

subdivision may be confusing for purposes of assessing, mail

 

delivery, and locating by the public.

 

     (d) The plat isolates a cemetery so that it is not accessible,

 

as that term is defined in section 102.