Mich. Admin. Code R. 554.734

Current through Vol. 24-22, December 15, 2024
Section R. 554.734 - Approval or rejection

Rule 34.

(1) Approval or rejection of an application shall be by vote of the local governing body.
(2) The vote may be taken at either a regularly scheduled meeting of the local governing body or a special meeting called for the purpose of acting on the application. In each case the applicant shall be notified in writing by the clerk at least 5 days before the meeting of the time and place of the meeting.
(3) The clerk shall certify the results and date of the vote on the application.
(4) Within 10 days of the date the vote was taken, the clerk shall notify the applicant of the local governing body's decision. If rejected, the local governing body shall provide the applicant with a written statement citing the reasons for rejection.
(5) A locally approved application for a farmland development rights agreement or for a designated open space development rights easement, together with supporting materials, shall be forwarded to the state land use agency within 10 days of the date of approval by the local governing body.
(6) A copy of a locally approved application for a local open space development rights easement, together with copies of the supporting materials, shall be forwarded to the state land use agency for informational purposes within 30 days of the date of approval by the local governing body.
(7) The 60-day review period as provided in sections 36104 and 36106 of the act begins with receipt of the application or appeal request by the state land use agency.
(8) The applicant shall be notified within 15 days of the date of approval or rejection by the state land use agency. If rejected, the state land use agency shall provide the applicant with a written statement citing the reasons for rejection.
(9) All open space development rights easement applications approved by the state land use agency shall be submitted to the legislature under the provisions of section 36105(3) of the act.
(10) Upon approval of a farmland development rights agreement by the state land use agency or designated open space development rights easement by the legislature, the applicant shall have 30 days from date of receipt of the agreement or easement to execute the agreement or easement unless an extension is granted in writing by the state land use agency.
(11) Upon approval of a local open space development rights easement by the local governing body, the applicant shall have 90 days from the date of receipt of the local open space development rights easement to execute the easement unless an extension is granted in writing by the local governing body.

Mich. Admin. Code R. 554.734

1979 AC; 2013 AACS