March 16, 2006, Introduced by Reps. Stakoe, Amos and Huizenga and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1931 PA 285, entitled
"An act to provide for city, village and municipal planning; the
creation, organization, powers and duties of planning commissions;
the regulation and subdivision of land; and to provide penalties
for violation of the provisions of this act,"
by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and
125.38a), sections 7b and 8a as added and section 8 as amended by
2001 PA 265.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7b. (1) A municipal plan may be adopted as a whole or by
successive parts corresponding with major geographical areas of the
municipality or with functional subject matter areas of the plan.
(2) After preparing a proposed plan, the municipal planning
commission shall submit the proposed plan to the legislative body
of the municipality for review and comment. The process of adopting
a plan shall not proceed further unless the legislative body of the
municipality approves the distribution of the proposed plan.
(3) If the legislative body of the municipality approves the
distribution of the proposed plan, it shall notify the secretary of
the municipal planning commission and the secretary shall submit a
copy of the proposed plan, for review and comment, to all of the
following:
(a) The planning commission, or if there is no planning
commission, the legislative body, of each city, village, or
township located within or contiguous to the municipality.
(b) The regional planning commission, if any, for the region
in which the municipality is located, if there is no county
planning commission for the county in which the municipality is
located. If there is a county planning commission for the county in
which the municipality is located, the secretary of the municipal
planning commission may submit a copy of the proposed plan to the
regional planning commission but is not required to do so.
(c) The county planning commission, or if there is no county
planning commission, the county board of commissioners, for the
county in which the municipality is located. The secretary of the
municipal planning commission shall concurrently submit to the
county planning commission a statement that the requirements of
subdivision (a) have been met or, if there is no county planning
commission,
shall submit to the county board of commissioners ,
a
statement ,
signed by the secretary, that the requirements of
subdivisions (a) and (b) have been met. The statement shall be
signed by the secretary and shall include the name and address of
each planning commission or legislative body to which a copy of the
proposed plan was submitted under subdivision (a) or (b) and the
date of submittal.
(d) Each public utility company and railroad company owning or
operating a public utility or railroad within the municipality, and
any government entity, that registers its name and address for this
purpose with the secretary of the municipal planning commission. An
entity that, pursuant to this subdivision, receives a copy of a
proposed plan, or of a plan as provided in section 8(5), shall
reimburse the municipality for any copying and postage costs
thereby incurred by the municipality.
(4)
An entity described in subsection
(3)(a), (b), or (d)
(3) may submit comments on the proposed plan to the municipal
planning commission within 65 days after the proposed plan was
submitted
to that entity under subsection (3).
A planning
commission
or legislative body described in subsection (3)(a) or
(b)
shall concurrently submit a copy of the comments to the county
planning
commission, or if there is no county planning commission,
the
county board of commissioners, for the county in which the
municipality
proposing the plan is located.
(5)
Not less than 75 days or more than 95 days after the date
the
proposed plan was submitted to the county planning commission
or
the county board of commissioners under subsection (3), If the
county
planning commission or the county board of commissioners ,
respectively,
shall submit to the municipal planning commission its
comments
on the proposed plan. The comments that
receives a copy
of the proposed plan under subsection (3)(c) submits comments, the
comments shall include, but need not be limited to, both of the
following, as applicable:
(a) A statement whether the county planning commission or
county
board of commissioners , after considering any comments
received
under subsection (4), considers the proposed plan to be
inconsistent with the plan of any city, village, township, or
region described in subsection (3)(a) or (b).
(b) If the county has a county plan, a statement whether the
county planning commission considers the proposed plan to be
inconsistent with the county plan.
(5) (6)
The statements provided for in subsection (5)(a)
(4)(a) and (b) are advisory only.
Sec. 8. (1) Before approving a proposed municipal plan, the
municipal planning commission shall hold not less than 1 public
hearing on the proposed plan. The hearing shall be held after the
expiration
of the deadline for comment under section 7b(5) 7b(4).
The planning commission shall give notice of the time and place of
the public hearing not less than 15 days before the hearing by 1
publication in a newspaper of general circulation in the
municipality and in the official gazette, if any, of the
municipality. The planning commission shall also submit notice to
each entity described in section 7a(2).
(2) The approval of the plan shall be by resolution of the
planning commission carried by the affirmative votes of not less
than 2/3 of the members of the planning commission. The resolution
shall refer expressly to the maps and descriptive and other matter
intended
by the planning commission to form the
whole plan or
part of the plan, and the action taken shall be recorded on the map
and plan and descriptive matter and signed by the chairperson or
the secretary of the planning commission. Following approval of the
proposed plan by the municipal planning commission, the secretary
of the planning commission shall submit a copy of the proposed plan
to the legislative body of the municipality.
(3) Approval of the plan by the planning commission under
subsection (2) is the final step for adoption of the plan, unless
the legislative body by resolution has asserted the right to
approve or reject the plan. In that case, after approval of the
plan by the planning commission, the legislative body shall approve
or reject the plan.
(4) If the legislative body rejects the proposed plan, the
legislative body shall submit to the planning commission a
statement of its objections to the proposed plan. The planning
commission shall consider the legislative body's objections and
revise the proposed plan so as to address those objections. The
procedures provided in subsections (1) to (3) and this subsection
shall be repeated until a proposed plan is approved by the
legislative body.
(5) Upon final adoption of the plan, copies of the adopted
plan shall be submitted in the same manner as provided for
submitting copies of the proposed plan under section 7b(3).
Sec. 8a. (1) An extension, addition, revision, or other
amendment to a municipal plan shall be adopted under the same
procedure as a plan or a successive part of a plan under sections
7a, 7b, and 8. However, for an amendment other than a revision of
the
plan, both of the following apply:
(a)
The the 65-day period otherwise provided for in section
7b(4) shall be 40 days.
(b)
The 75- to 95-day period otherwise provided for in section
7b(5)
shall be 55 to 75 days.
(2) At least every 5 years after adoption of the plan, the
planning commission shall review the plan and determine whether to
commence the procedure to amend the plan or adopt a new plan.
(3)
Until 1 year after the effective date of the 2001
amendments
that added this subsection January
9, 2003, a
municipality may adopt a plan or an extension, addition, revision,
or other amendment to a plan under the procedures provided for by
this
act immediately before the effective date of the 2001
amendments
that added this subsection that
were in effect on
January 8, 2003.