Office of Land Survey and Remonumentation

Transcription

1 Office of Land Survey and Remonumentation Chris Beland, P.S., Director Kevin O Brien, P.S. Office of Land Survey and Remonumentation Michigan Society of Professional Surveyors 2015 Annual Meeting Friday, February 20, 2015

2 Office of Land Survey and Remonumentation Where within Michigan State government is the Office of Land Survey located? Office of Land Survey & Remonumentation (OLSR) is located in the Bureau of Construction Codes under the Department of Licensing and Regulatory Affairs (LARA)

3 Office of Land Survey and Remonumentation What does the Office of Land Survey do? Corner Recordation Act, 1970 PA 74, (CRA) Land Division Act, 1967 PA 288 (LDA) Michigan and Indiana State Line Monumentation Act, 2010 PA 259 State Boundary Commission, 1968 PA 191 (SBC) State Survey and Remonumentation Act, 1990 PA 345 (SSRA)

4 Office of Land Survey and Remonumentation Who to contact at the Office of Land Survey? Chris Beland, P.S.; Michigan and Indiana State Line Monumentation Act, 2010 PA 259 Nick Clever, P.S.; Plat Changes, Land Division Act, 1967 PA 288 (LDA) Nancy Johnston, Analyst; State Survey and Remonumentation Act, 1990 PA 345 (SSRA) Brent Pennala, P.S.; Land Division Act, 1967 PA 288 (LDA) Kevin O Brien, P.S.; ObrienK@michigan.gov State Boundary Commission, 1968 PA 191 (SBC)

5 State Boundary Commission, Rule 37 What is the State Boundary Commission (SBC)? The SBC was created by statute in 1968 and is responsible for arbitrating many types of municipal boundary adjustments, including incorporations, consolidations, and annexations. Executive Order # transferred the final authority for all SBC cases to the director of the Department of Licensing and Regulatory Affairs (LARA). The Office of Land Survey and Remonumentation provides staff support to the SBC.

6 State Boundary Commission, Rule 37 What is the SBC? (cont.) The SBC serves as a quasi-judicial body, evaluating petitions for proposed boundary adjustments against statutory criteria in order to protect the interests of property owners, local residents, local units of government, etc. Three state members are appointed by the governor and confirmed by the Senate. Two county/local regular members are appointed by the chief probate judge of the county. The chief probate judge also appoints two additional members to serve as alternates within the county from which the petition originates. One regular and one alternate must reside within the incorporated limits of a City within the county, and one regular and one alternate member must reside in a Township within the county. Members serve three-year terms or until reappointed or replaced.

7 State Boundary Commission, Rule 37 Authority of the SBC State Boundary Commission, 1968 PA 191 Home Rule City Act, 1909 PA 279 Home Rule Village Act, 1909 PA 278 Executive Reorganization Order # Under ERO # the SBC became a recommending body, and the decision authority was placed with the Director of the Department.

8 State Boundary Commission, Rule 37 Authority of the SBC (cont.) The SBC presides over: Some types of Annexation of lands into a City from a Township (Charter Townships have limited exemption from annexation). Incorporation of a new City or Village Consolidation of a City and another jurisdiction The SBC does not preside over: Consolidation of Townships Land transfers between Townships or Townships and a Village Detachment of land from a City Intergovernmental Conditional Transfer of Property by Contract under 1984 PA 425 Urban Cooperative Agreements under 1967 PA 7

9 State Boundary Commission, Rule 37 Who Can File a Petition with the SBC? Annexations Private Landowner of 75 percent of land proposed for annexation City Council Petitions signed by voters residing on the land proposed for annexation Petitions signed by voters residing in the affected municipalities Incorporations Petitions signed by local citizens Consolidations Petitions signed by local citizens Note: After a petition is filed, it is assigned a number and referred to as a Docket

10 State Boundary Commission, Rule 37 What is Rule 37? Rule 37 of the General Rules for the State Boundary Commission, R , outlines the content required to be submitted with a boundary adjustment petition or resolution filed with the SBC for it to be deemed Legally Sufficient by the SBC. The docket must pass this test in order to proceed through the rest of the process. Specifically, it addresses: Part I Map Part III Legal Description Part VII Map Inclusion of supportive documents and material Notice of scrivener s errors

11 State Boundary Commission, Rule 37 Part I Map Must be unambiguous Must show section, ¼ section lines and government corners that affect the boundary of the area of the petition Must show and label current and proposed municipal boundaries Include map scale and north arrow

12 State Boundary Commission, Rule 37 Part I Map Roads and geographic features that relate to the boundary of the petition Map must be substantially accurate and consistent with the Part III legal description Existing municipal boundary lines must be consistent with the records of the Michigan Secretary of State For annexations, the petition area must be contiguous with the annexing City based on Secretary of State records

13 State Boundary Commission, Rule 37 Part III Legal Description Legal Description must be substantially accurate and consistent with the Part I Map Area of the petition must be able to be surveyed by use of the legal description

14 State Boundary Commission, Rule 37 Part VII Map Shows the area of the petition in relation to the entire area of the involved units of government Part VII map is not reviewed for petition legal sufficiency. This map is for the Commission s use to gain a big picture view of the area in question.

15 State Boundary Commission, Rule 37 Supportive documents Petition must include deeds, resolutions to prove that the petitioner has standing to file a petition for municipal adjustment. Notice of scrivener s errors Minor errors may be corrected prior to legal sufficiency meeting. Errors may not be corrected in any docket initiated by signature petition.

16 Corner Recordation Act (CRA) Senate Bill 1043 became law on December 30, 2014 as Public Act 420 of With its filing, the amendments to the CRA took immediate effect. Amendments under 2014 PA 420 assigned the LARA the responsibility to create rules which will prescribe the information that must be included in an LCRC and the form in which an LCRC must be presented and filed and any other rules pertinent to the act s implementation. The Office of Land Survey is the home to the professional survey staff within LARA and administrator of the SSRA, which includes the filing of LCRCs pursuant to CRA. Given the direct relationship between the CRA, the SSRA and the professional staff in OLSR, the Department placed oversight of the CRA and its responsibilities within OLSR.

17 Corner Recordation Act (CRA) Current Status We have initiated the rule-making process and will convene a committee to review draft rules in the near future. That committee will include representation from the Professional Surveyors, Registers of Deeds and the public.

18 Michigan and Indiana State Line Monumentation Act 2010 PA 259 established the Indiana-Michigan Boundary Line Commission within LARA. It requires that the Commission consult with the Department and the Department to maintain records and documents created for or by the Commission and provide procurement services for the Commission PA 345 includes a provision that the Commission and its work may be supported by the State Survey and Remonumentation Fund. The Office of Land Survey is responsible for the administration of the State Survey and Remonumentation Fund and is the home to the professional survey staff within LARA. Given OLSR familiarity of similar programs, the Department placed OLSR in charge of managing its responsibilities for the Commission.

19 Michigan and Indiana State Line Monumentation Act Current Status The Commission has developed a scope of work for the project. Commission Documents and Supportive Material Office of Land Survey Homepage State Line Monumentation Act and Indiana Code Link to Commission s webpage Link to GLO records from the State Archives Links to records compiled by the Commissioners

20 Land Division Act (LDA) The LDA and its predecessors were created to provide for the orderly layout and use of land and to protect the purchasers of land. The LDA grants the Director of the Department the authority to perform the final reviews of subdivision plats for compliance with all provisions of the Act and either approve or reject plats based on those reviews. The Director of the Department has formally delegated his authority to the Director of the Office of Land Survey to administer the LDA and operate on his behalf. The Act requires that The employee in direct charge of the plat section be a professional surveyor licensed in this state.

21 Land Division Act (LDA) LDA Statistics Fiscal Year Reviews 11 Average days to process Fiscal Year Reviews 9 Average days to process Fiscal Year Reviews 8 Average days to process Current Fiscal Year 2015?? Reviews?? Average days to process

22 Land Division Act (LDA) LDA Circuit Court Statistics Fiscal Year Cases Entered 5 Judgments filed Fiscal Year Cases Entered 34 Judgments filed Fiscal Year Cases Entered 18 Judgments filed Current Fiscal Year 2015?? Cases Entered?? Judgments filed

23 Land Division Act (LDA) Final Plat Original Prints The person responsible for submitting the final plat for review is responsible for obtaining the original mylar prints pursuant to MCL (b) and R (2). Other than the two processes identified in R (2)(a) and (b), radiant fusing that does not use a fuser oil, and latex printing are acceptable processes; however, if the printer is unsure if their equipment meets the standards required please have them contact us and we will review.

24 Land Division Act (LDA) Final Plat Exact Copies When the final plat is approved, the Office of Land Survey will procure the exact copies required under MCL (a). These copies will made by MDOT s Engineering Print group at their cost of $1.68 per sheet printed. OLSR has a cost of $55.00 for procurement of these copies, i.e., delivery/pickup time, mileage, etc. The copy fee will need to be submitted when the final plat is submitted for review. We require two checks be submitted with the final plat, one for the review fee and one for the copy fee both payable to the State of Michigan.

25 Land Division Act (LDA) Final Plat Exact Copies Copy Fee Calculated 1. No. of sheets in plat x No. of copies = No. of sheets printed 2. No. of sheets printed x MDOT copy cost per sheet = Total MDOT Copy Cost 3. Total MDOT Copy Cost + OLSR Cost = Total Copy Fee Current Cost Previous Cost Difference ((1 x 4) x $1.68) + $55.00 = $61.72 (1 x 4) x $12.85 = $51.40 Δ $10.32 ((2 x 4) x $1.68) + $55.00 = $68.44 (1 x 4) x $12.85 = $ Δ - $34.36 ((3 x 4) x $1.68) + $55.00 = $75.16 (1 x 4) x $12.85 = $ Δ - $79.04 ((1 x 5) x $1.68) + $55.00 = $63.40 (1 x 4) x $12.85 = $64.25 Δ - $0.85 ((2 x 5) x $1.68) + $55.00 = $71.80 (1 x 4) x $12.85 = $ Δ - $56.75 ((3 x 5) x $1.68) + $55.00 = $80.20 (1 x 4) x $12.85 = $ Δ - $112.55

26 Land Division Act (LDA) LDA Documents and Supportive Material Office of Land Survey Homepage LDA and LDA Rules Public access to plat records Notices relevant to the LDA and final plat reviews Platting Flow Chart Listing of Attorney General Opinions relevant to the LDA Listing of Michigan Case Law relevant to the LDA LDA Forms Office of Land Survey Forms Page Amended Plat Review Submittal Form and Checklist Assessor s Plat Review Submittal Form and Checklist Proprietor s Plat Review Submittal Form and Checklist

27 State Boundary Commission (SBC) The SBC was created by statute in 1968 and is responsible for adjudicating many types of municipal boundary adjustments, including incorporations of villages and cities, consolidations, and annexations to cities. Executive Order # transferred the final authority for all SBC cases to the Director of the Department. As the home to the Department s professional survey staff and administrator of the LDA, OLSR has an understanding of land boundary matters and can provide the required support to the Commission and interested parties working the SBC process and associated laws.

28 State Boundary Commission (SBC) SBC Statistics Fiscal Year Filed 6 Orders signed by Director Fiscal Year Filed 7 Orders signed by Director Fiscal Year Filed 2 Orders signed by Director Current Fiscal Year 2015?? Filed?? Orders signed by Director

29 State Boundary Commission (SBC) SBC Documents and Supportive Material Office of Land Survey Homepage Active petitions and docket material Link to Commission s webpage and Public Hearings notice Petition Signature Collection Form and Instructions SBC Act and SBC Rules, Home Rule City Act, Home Rule Village Act and Intergovernmental Conditional Transfer of Property by Contract (425) SBC Forms Office of Land Survey Forms Page Petition for Home Rule Village Incorporation Petition for Home Rule City Incorporation Petition for Consolidation as a Home Rule City Petitions for Annexation

30 State Survey and Remonumentation Act (SSRA) The SSRA created a Commission responsible for overseeing the State Survey and Remonumentation Fund and implementing the SSRA. Executive Order # transferred the duties and the authority of the Commission to the Director of the Department PA 166 amended the SSRA and reinstated the State Survey and Remonumentation Commission as an advisory panel to the Department, placing administration of the Act and Fund within the Department. As the home to the Department s professional survey staff, the Office of Land Survey has been responsible for the Department s roles associated with the SSRA since it became law in The Act requires that The employee in direct charge of the state survey and remonumentation section be surveyor.

31 State Survey and Remonumentation Act (SSRA) 2012 Grant Year Statistics Grant Progress Completion Application Report Report Submitted Average days to process Maximum days to process 43 N/A 189 Requests sent to counties 41 N/A 137 Average days for counties to respond 11 N/A 33 Maximum days for counties to respond 42 N/A 247

32 State Survey and Remonumentation Act (SSRA) 2013 Grant Year Statistics Grant Progress Completion Application Report Report Submitted Average days to process Maximum days to process 94 N/A 113 Requests sent to counties 85 N/A 99 Average days for counties to respond 10 N/A 25 Maximum days for counties to respond 71 N/A 147

33 State Survey and Remonumentation Act (SSRA) 2014 Grant Year Statistics Grant Progress Completion Application Report Report Submitted 83 3 N/A Average days to process 41 6 N/A Maximum days to process 77 N/A N/A Requests sent to counties 66 N/A N/A Average days for counties to respond 12 N/A N/A Maximum days for counties to respond 86 N/A N/A

34 State Survey and Remonumentation Act (SSRA) 2015 Grant Year Statistics Grant Progress Completion Application Report Report Submitted 83 N/A N/A Average days to process?? N/A N/A Maximum days to process?? N/A N/A Requests sent to counties?? N/A N/A Average days for counties to respond?? N/A N/A Maximum days for counties to respond?? N/A N/A

35 State Survey and Remonumentation Act (SSRA) Statistics LCRCs Filed 5,293 4,553 N/A N/A Coordinates Filed N/A N/A Grants Awarded to Counties $5,300,000 $5,300,000 $7,300,000 $7,300,000 Grants Earned by Counties $5,214,990 $5,134,886 N/A N/A Grants not Spent by Counties $85,010 $165,114 N/A N/A

36 State Survey and Remonumentation Act (SSRA) Statistics Program Totals through 2013 Grants Awarded to Counties $121,829, Grants Earned by Counties $119,413, Grants not Spent by Counties $2,416, Remonumentation Corners Completed 133,062 Total Remonumentation Corners 225,187

37 State Survey and Remonumentation Act (SSRA) SSRA Documents and Supportive Material Office of Land Survey Homepage SSRA and SSRA Rules Contact Information for County GAs and CRs Link to Commission s webpage Notices relevant to the SSRA and grant work Public access to records including GLO records from the State Archives Database access for counties SSRA Forms Office of Land Survey Forms Page Grant Application, Progress Report and Completion Report Spreadsheets for Transmittal Form for deposit of fees

38 Office of Land Survey??? Questions??? Thank You Office of Land Survey & Remonumentation Bureau of Construction Codes Department of Licensing and Regulatory Affairs P.O. Box 30254, Lansing, MI Phone: Fax: