Mich. Admin. Code R. 125.1905 - Plans approval and permit to construct; application for approval; issuance of approval or intent to deny; validity; transferability
Rule 905.
(1) The
department shall not issue a plans approval and permit to construct until all
of the following are received from the developer and are approved by the
department:
(a) Two copies of the community
construction plans and specifications under
R 125.1906 to
R 125.1909.
(b) The fee specified in
R 125.1315.
(c) On a form prescribed by the department,
an application and required exhibits completely and accurately filled out and
executed.
(2) All of the
following exhibits shall be submitted with the application:
(a) Copies of all existing and proposed
easements or dedications, if any. If easements or dedications do not exist,
then the developer shall submit a statement to that effect with the
application.
(b) A soils analysis,
which shall be provided by a professional engineer, shall state that the soils
are sufficiently stable so as to support the home and the permanent
foundation.
(c) Evidence of title
to the property, such as title insurance, a deed, a land contract, an owner's
affidavit, or, if the property is not owned by the developer, the owner's
affidavit attesting to ownership and the granting of permission to develop the
community project. If the developer has an option to purchase the property or
is leasing the property, then the developer shall submit a copy of the purchase
option or leasing agreement.
(3) Before the department issues a plans
approval and permit to construct, the Michigan department of environmental
quality shall issue to the department a construction plan approval pertaining
to the public health aspects of the construction under the act, including all
of the following approvals:
(a) Preliminary
approvals of the local health department, county road commission, county drain
commissioner, and municipality or an affidavit from the developer which states
that the statutory time limit of 60 days, under the act, has expired without
the unit of local government taking the appropriate action.
(b) Approval from the department of
environmental quality, in compliance with the requirements of 1994 PA 451, MCL
324.101 to 324.90106 if the project lies in a floodplain.
(c) Approval from the department of
environmental quality, in compliance with the requirements of 1979 PA 203, MCL
281.701 if the project lies in a wetlands area.
(4) The department shall issue a plans
approval and permit to construct or intent to deny order within 90 days after
receipt of a complete application or the plans are considered approved. The
application shall be in compliance with the requirements in subrules (1), (2),
and (3) of this rule.
(5) A plans
approval and permit to construct shall be valid for 5 years after the date of
the issuance and may, upon application, review of the previously approved
construction plans for compliance with these rules, and approval of the
application, be renewed by the department if the last renewal does not expire
more than 10 years after the initial plans approval and permit to construct was
issued.
(6) A permit to construct is
transferable upon approval by the department.
(7) The department shall maintain the plans
approval and permit to construct and a copy of the approved plans and
specifications as a permanent record. A copy of the approved plans and
specifications shall be at the construction site or readily available during
construction.
Notes
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