Michigan Laws 560.192 – Storm water drainage requirements as condition of final plat approval
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The county drain commissioner or the governing body of the municipality in which the subdivision is situated, whichever has jurisdiction, shall require the following as a condition of approval of the final plat:
(a) That the proprietor provide for adequate storm water facilities within the lands proposed for platting and outlets thereto.
Terms Used In Michigan Laws 560.192
- Governing body: means the legislative body of a city or village or the township board of a township. See Michigan Laws 560.102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: means all land areas occupied by real property. See Michigan Laws 560.102
- Municipality: means a township, city, or village. See Michigan Laws 560.102
- Plat: means a map or chart of a subdivision of land. See Michigan Laws 560.102
- 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. See Michigan Laws 560.102
- 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 section 108 and 109. See Michigan Laws 560.102
(b) If adequate storm water facilities within the land proposed for platting are not installed before approval of the final plat, the proprietor shall enter into an agreement with the governing body or county drain commissioner and shall post a cash deposit, certified check or irrevocable bank letter of credit whichever the proprietor selects, or a surety bond acceptable to the approving authority, in an amount sufficient for the faithful performance of the agreement. A rebate shall be made to the proprietor, as the work progresses, of amounts of any cash deposits equal to the ratio of the work completed to the entire project.
(c) The county drain commissioner, or where there is no drain commissioner the body having jurisdiction shall require the proprietor at his or her expense to establish a county or intercounty drain according to the procedure provided in Act No. 40 of the Public Acts of 1956, as amended, being section 280.1 to 280.630 of the Michigan Compiled Laws, if deemed necessary to insure adequate maintenance of storm water outlet facilities.
(d) That the proprietor provide adequate storm water retention basins where deemed necessary for all or a specified part of the lands proposed for platting and, if approved by the municipality in which these lands are located, that the municipality assume the cost of operation and maintenance of the retention basins.