December 8, 2005, Introduced by Senators BERNERO, TOY, PATTERSON, CROPSEY, LELAND, SWITALSKI, BASHAM and CHERRY and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending section 183 (MCL 560.183), as amended by 2004 PA 122.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 183. (1) The county road commission may require the
following as a condition of approval of final plat for all
highways, streets, and alleys in its jurisdiction or to come under
its jurisdiction and also for all private roads in unincorporated
areas:
(a) Conformance to the general plan, width, and location
requirements that the board may have adopted and published.
(b) Adequate provision for traffic safety in laying out drives
which enter county roads and streets, as provided in the board's
current published construction standards.
(c) Proper drainage, grading, and construction of approved
materials of a thickness and width provided in its current
published construction standards.
(d) Submission of complete plans for grading, drainage, and
construction, to be prepared and sealed by a civil engineer
registered in this state.
(e) Installation of bridges, culverts, and drainage structures
where the board considers necessary.
(2) (f)
Completion of all If all
improvements required
improvements
under subsection (1) relative to streets, alleys, and
roads ,
or are not made before
approval of the final plat, the
board shall enter into an agreement with the proprietor for making
those
improvements. The proprietor shall post a
deposit by the
proprietor
with the board in the form of cash, a certified
check,
or irrevocable letter of credit, whichever the proprietor selects,
or a surety bond acceptable to the board, in an amount sufficient
to
ensure completion performance of the proprietor's obligations
under the agreement within the time specified in the agreement.
(3) (2)
As a condition of approval of the final plat, the
board shall require a deposit to be made in the same manner as
provided
in subsection (1)(f) (2), to ensure performance of the
obligations of the proprietor to make required improvements.
(4) (3)
The board 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.
(5) (4)
The board shall
not prohibit cul-de-sacs but shall
reject a final plat isolating lands from existing public streets or
roads, unless the proprietor provides suitable access by easement
or dedicated to public use.
(6) (5)
As used in this section, "county road
commission"
means the board of county road commissioners elected or appointed
pursuant to section 6 of chapter IV of 1909 PA 283, MCL 224.6, or,
in the case of a charter county with a population of 2,000,000 or
more with an elected county executive that does not have a board of
county road commissioners, the county executive for ministerial
functions and the county commission provided for in section
14(1)(d) of 1966 PA 293, MCL 45.514, for legislative functions.