June 21, 2006, Introduced by Reps. Kolb, Plakas, Condino, Lipsey, Alma Smith, Gleason and Clemente and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 2003 PA 226, entitled
"Joint municipal planning act,"
by amending sections 5 and 7 (MCL 125.135 and 125.137).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. Subject to section 9, the legislative bodies of 2 or
more municipalities may each adopt an ordinance approving an
agreement establishing a joint planning commission. The agreement
shall specify at least all of the following:
(a) The composition of the joint planning commission,
including any alternate members.
(b) The qualifications, the selection by election or
appointment, and the terms of office of members of the joint
planning commission.
(c) Conditions and procedures for removal from office of
members of the joint planning commission and for filling vacancies
in the joint planning commission.
(d) How the operating budget of the joint planning commission
will be shared by the participating municipalities.
(e) The jurisdictional area of the joint planning commission,
which may consist of all or part of the combined territory of the
participating municipalities.
(f) Procedures by which a municipality may join or withdraw
from the joint planning commission.
(g) The transition period during which specified powers and
duties of each planning commission and each zoning board or zoning
commission are to be transferred to a joint planning commission.
(h) (g)
The planning act whose procedure will be followed by
the joint planning commission in adopting a plan or exercising any
other power or performing any other duty of a planning commission.
The planning act shall be a planning act that would otherwise be
applicable to at least 1 participating municipality.
(i) (h)
The zoning act whose procedure will be followed by
the joint planning commission in exercising the powers and
performing the duties of a zoning board or zoning commission. The
zoning act shall be a zoning act that would otherwise be applicable
to at least 1 participating municipality.
(j) (i)
Any additional provision concerning the powers or
duties of a zoning board or zoning commission that the zoning act
specified
pursuant to subdivision (h) (i)
authorizes to be set
forth in a zoning ordinance and that is agreed to by the
participating municipalities.
Sec. 7. (1) All the powers and duties of a planning commission
under each planning act are, with respect to the jurisdictional
area of the joint planning commission, transferred to the joint
planning commission. In exercising such powers or performing such
duties, the joint planning commission shall follow the procedure
provided
under the planning act specified pursuant to section 5(g)
5(h).
(2) All the powers and duties of a zoning board or zoning
commission under each zoning act are, with respect to the
jurisdictional area of the joint planning commission, transferred
to the joint planning commission. In exercising such powers or
performing such duties, the joint planning commission shall follow
the procedure provided under the zoning act specified pursuant to
section 5(h)
5(i).
(3) If only part of the territory of a participating
municipality is in the jurisdictional area of a joint planning
commission, the participating municipality, with the joint planning
commission acting as the zoning board or zoning commission, may
adopt a zoning ordinance that affects only that portion of its
territory in the jurisdictional area of the joint planning
commission.
(4) Pursuant to section 5(g), the transfer of specified powers
and duties under this section may take place over a period of time
prescribed in the ordinances adopted under section 5.