Michigan Laws 560.182 – Final plat; streets, alleys, and roads; municipal requirements; deposit; rebate; rejection of plat; circumstances
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Terms Used In Michigan Laws 560.182
- Alley: means a public or private right of way shown on a plat which provides secondary access to a lot, block, or parcel of land. See Michigan Laws 560.102
- Engineer: means a civil engineer who is a professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 560.102
- 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.
- 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
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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
(1) The governing body of a municipality in which the subdivision is situated may require the following as a condition of approval of a final plat, for all public and private streets, alleys, and roads in its jurisdiction:
(a) Conformance to the general plan, conformance to width and location requirements that it may have adopted and published, or greater width than shown on a county or state plan. However, the governing body shall 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 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 subsection (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) The plat is isolated from or isolates other lands from existing public streets, unless suitable access is provided.
(b) The plat shows a street or road name duplicating one already in use in the municipality, except in continuing a street or road.
(c) The plat 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 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 does not meet the requirements of either section 102(j)(i) or (ii).