Section 125.1905. Plans approval and permit to construct; application for approval; issuance of approval or intent to deny; validity; transferability.

(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.

History: 1979 AC; 1980 AACS; 1985 AACS; 1991 AACS; 1998 AACS; 2003 AACS;2008 AACS.