Berrien County Plat Board

Rules and Regulations

Updated and Adopted by the Berrien County Plat Board 2/12/2011

 In accordance with Act 288, P.A. of 1967, as amended –portions of Act 288 provided.

 MCL 560.102 Definitions.

 As used in this act:  Sec. 102  …(r)

“County plat board” means the register of deeds, who shall act as chairperson, the county clerk, who shall act as secretary, and the county treasurer. If the offices of county clerk and register of deeds have been combined, the chairperson of the board of supervisors shall be a member of the plat board and shall act as chairperson. In a county where a board of auditors is authorized by law such board may elect to serve on the county plat board by adopting a resolution so ordering. A copy of the recorded resolution shall be sent to the state treasurer.

History:1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1990, Act 156, Imd. Eff. June 28, 1990 ;-- Am. 1996, Act 78, Imd. Eff. Feb. 27, 1996 ;-- Am. 1996, Act 591, Eff. Mar. 31, 1997

Meetings

The Berrien County Plat Board meets in regular session on the second Thursday of each month at 9:30 a.m., local time, in the County Commissioners’ room, in the Berrien County Administration Center, or at such meeting place as may be specified by the Chairman.

Special meetings can be called at any time, or the regularly scheduled meeting cancelled, at the discretion of the Chairman.

The Secretary shall take and record minutes at all meetings, and all meetings shall be a matter of public record, and in accordance with the Open Meetings Act.

A list of all meeting dates shall be provided by the Berrien County Clerk or Register of Deeds for publishing.

2016 Plat Board Meeting Schedule

System of keeping all related papers and minutes

The original minutes shall be kept in the office of the County Clerk.  Copies of the minutes shall be distributed to the Register of Deeds and Treasurer.

All related papers and maps shall be filed in the Register of Deeds office.  The Register of Deeds has the option of destroying these papers and maps after 2 years of receipt.


Preliminary Plat Review

560.111 Preliminary plat; specifications; requirements; preapplication review meeting.

Sec. 111.

(1) Before making or submitting a final plat for approval, the proprietor shall make a preliminary plat and submit copies to authorities as provided in this section and sections 112 to 119. A preliminary plat shall show the name, location, and position of the subdivision and the subdivision plan and layout in sufficient detail on a topographic map to enable a determination of whether the subdivision meets requirements for lots, streets, roads, and highways including drainage and floodplains.

(2) The preliminary plat shall be drawn to a scale of not more than 200 feet to 1 inch and may be an original drawing or reproduction, on unbacked paper. It shall contain proper identification of the parcel of land to be divided, the name of the plat and proposed division of the land, the name and address of the proprietor and the name, address and seal of the surveyor who prepared it, all legibly printed or typewritten. Additional preliminary land development plans may be made by other qualified persons to assist approving authorities to visualize the type and scope of the development planned.

(3) The proprietor may request that a preapplication review meeting take place by submitting a written request to the chairperson of the county plat board and submitting copies of a concept plan for the preliminary plat to the municipality and to each officer or agency entitled to review the preliminary plat under sections 113 to 118. A preapplication review meeting shall take place not later than 30 days after the written request and concept plan are received. The meeting shall be attended by the proprietor, representatives of each officer or agency entitled to review the preliminary plat under sections 113, 114, and 118, and a representative of the municipality. Representatives of each agency entitled to review the preliminary plat under sections 115 to 117 shall be informed of the meeting and may attend. The purpose of the meeting is to conduct an informal review of the proprietor's concept plan for the preliminary plat.

History:1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control

General Duties of the Plat Review

560.241 Submission of final plat; filing and recording; state plat review fee; disposition of fee.

Sec. 241.

(1) When a final plat is submitted to the clerk of the governing body of the municipality, the proprietor shall deposit with the plat both of the following:

(a) A filing and recording fee of $20.00. The filing and recording fee is in addition to any fee the municipality may charge under this act.

(b) A state plat review fee of $150.00, plus $15.00 for each lot over 4 lots included in the plat. The state plat review fee shall be paid by check or money order payable to the state of Michigan.

(2) Upon approval of the plat by the governing body, the clerk shall send the filing and recording fee and the state plat review fee with the plat to the clerk of the county plat board.

(3) The clerk of the county plat board shall deposit the filing and recording fee in the county trust and agency fund for subsequent payment by county warrant from this fund to the county register of deeds in the amount of $20.00, upon submission of proof to the clerk of the county plat board that the plat has been recorded in the office of the county register of deeds.

(4) If a final plat is forwarded to the state administrator, the clerk of the county plat board shall forward the state plat review fee with the plat.

(5) A state plat review fee collected by this state shall be deposited in the state treasury for use in the administration of this act. A fund in which state plat review fees shall be deposited is created in the state treasury. This fund is a revolving fund, and money remaining in the fund at the end of the fiscal year shall be carried over in the fund to the next and succeeding fiscal years for use in the administration of this act.

History:1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1991, Act 59, Imd. Eff. June 27, 1991 ;-- Am. 1993, Act 67, Imd. Eff. June 21, 1993 ;-- Am. 1998, Act 549, Imd. Eff. Jan. 20, 1999
Popular Name: Plat Act
Popular Name: Subdivision Control

Final Plat

560.168 Forwarding to county plat board; procedure of board.

Sec. 168.

(1) Upon notice of each approval, the proprietor shall obtain the certificate on the final plat of each of the officers and agencies whose certificate is required by sections 145 to 148. The certificates and approvals may be obtained in any order. The proprietor shall then forward the final plat to the secretary of the county plat board, together with the filing and recording fee.

(2) Within 15 days of the date of receipt of the plat, a majority of the county plat board shall review the plat for conformance to all provisions of the act and do 1 of the following:

(a) Certify their approval on the plat.

(b) Reject the plat and notify the proprietor of the reasons in writing when returning the plat, and send a copy of the letter to the clerk of the governing body.

History:1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control

560.142 Certificate required for recording.

Sec. 142.

The proprietor shall provide a true copy of the final plat to each of the authorities named in sections 146 to 149. To entitle a final plat to be recorded, the following certificates, in the form prescribed by the department of labor and economic growth, lettered or printed legibly with black, durable ink or typed legibly with black ink shall appear on it and the certificates shall contain the statements and information and shall be signed and dated as prescribed in sections 141 to 151:

(a) A surveyor's certificate of compliance with the statute.

(b) A certificate of the proprietor submitting the plat.

(c) A certificate of taxes by the treasurer of the county in which the plat is situated, as required by section 135 of the general property tax act, 1893 PA 206, MCL 211.135.

(d) A certificate of taxes signed by the treasurer of the municipality in which the plat is located if the municipality does not return delinquent taxes to the state treasurer, as required by section 135 of the general property tax act, 1893 PA 206, MCL 211.135.

(e) A certificate of approval of the county drain commissioner, if there is a county drain commissioner.

(f) A certificate of approval of the board of county road commissioners, if public streets and roads shown on the plat are under its jurisdiction or to come under its jurisdiction and if any private streets or roads shown on the plat are in an unincorporated area.

(g) A certificate of approval of the governing body of the municipality. The certificate of the governing body of the municipality may not be placed on the plat unless the proprietor has deposited with the clerk both the filing and recording fee required by section 241 and the fee permitted by section 246 by the municipality for review and approval of a plat.

(h) A certificate of approval of the county plat board. The certificate may not be placed on the plat unless the filing and recording fee required by section 241 has been received by the chairperson or secretary of the county plat board.

(i) A certificate of approval of the state transportation department when the subdivision includes or abuts state trunk line highways.

(j) A certificate of approval of the department of labor and economic growth. The certificate of the department of labor and economic growth may not be placed on the plat unless the portion of the filing and recording fee due the state as provided by section 241 has been received by the department.

History:1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug. 14, 1969 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control

560.149 County plat board's certificate.

Sec. 149.

(1) A certificate shall be signed and dated by the majority of the county plat board, signifying its approval of the plat.

(2) The certificate shall include a statement that the plat was reviewed for conformance to all applicable provisions of this act by the county plat board, by the county plat engineer, or both.

History:1967, Act 288, Eff. Jan. 1, 1968
Popular Name: Plat Act
Popular Name: Subdivision Control


 
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