SB 206, As Passed Senate

SB-0206, As Passed Senate, March 1, 2007

SUBSTITUTE FOR

SENATE BILL NO. 206

A bill to codify the laws regarding and to provide for county,

township, city, and village planning; to provide for the creation,

organization, powers, and duties of local planning commissions; to

provide for the powers and duties of certain state and local

governmental officers and agencies; to provide for the regulation

and subdivision of land; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE I. GENERAL PROVISIONS

Sec. 1. This act shall be known and may be cited as the

"Michigan planning enabling act".

Sec. 3. As used in this act:

(a) "Chief administrative official" means the manager or other

highest nonelected administrative official of a city or village.

(b) "Chief elected official" means the mayor of a city, the

president of a village, the supervisor of a township, or, subject

to section 5, the chairperson of the county board of commissioners

of a county.

means the elected county board of commissioners, except that, as

used in sections 39 and 41, county board of commissioners means 1

of the following:

(i) A committee of the county board of commissioners, if the

county board of commissioners delegates its powers and duties under

this act to the committee.

(ii) The regional planning commission for the region in which

the county is located, if the county board of commissioners

delegates its powers and duties under this act to the regional

planning commission.

(d) "Ex officio member", in reference to a planning

commission, means a member, with full voting rights unless

otherwise provided by charter, who serves on the planning

commission by virtue of holding another office, for the term of

that other office.

(e) "Legislative body" means the county board of commissioners

of a county, the board of trustees of a township, or the council or

other elected governing body of a city or village.

(f) "Local unit of government" or "local unit" means a county

or municipality.

(g) "Master plan" means either of the following:

(i) As provided in section 81(1), any plan adopted or amended

before the effective date of this act under a planning act repealed

under section 85.

(ii) Any plan adopted or amended under this act. This includes,

but is not limited to, a plan prepared by a planning commission

authorized by this act and used to satisfy the requirement of

section 203(1) of the Michigan zoning enabling act, 2006 PA 110,

MCL 125.3203, regardless of whether it is entitled a master plan,

basic plan, county plan, development plan, guide plan, land use

plan, municipal plan, township plan, plan, or any other term.

(h) "Municipality" or "municipal" means or refers to a city,

village, or township.

(i) "Planning commission" means either of the following, as

applicable:

(i) A planning commission created pursuant to section 11(1).

(ii) A planning commission retained pursuant to section 81(2)

or (3), subject to the limitations on the application of this act

provided in section 81(2) and (3).

(j) "Planning jurisdiction" for a county, city, or village

refers to the areas encompassed by the legal boundaries of that

county, city, or village, subject to section 31(1). Planning

jurisdiction for a township refers to the areas encompassed by the

legal boundaries of that township outside of the areas of

incorporated villages and cities, subject to section 31(1).

(k) "Population" means the population according to the most

recent federal decennial census or according to a special census

conducted under section 7 of the Glenn Steil state revenue sharing

act of 1971, 1971 PA 140, MCL 141.907, whichever is the more

recent.

(l) "Street" means a street, avenue, boulevard, highway, road,

lane, alley, viaduct, or other way intended for use by automobiles.

Sec. 5. The assignment of a power or duty under this act to a

county officer or body is subject to 1966 PA 293, MCL 45.501 to

45.521, or 1973 PA 139, MCL 45.551 to 45.573, in a county organized

under 1 of those acts.

Sec. 7. (1) A local unit of government may adopt, amend, and

implement a master plan as provided in this act.

(2) The general purpose of a master plan is to guide and

accomplish, in the planning jurisdiction and its environs,

development that satisfies all of the following criteria:

(a) Is coordinated, adjusted, harmonious, efficient, and

economical.

(b) Considers the character of the planning jurisdiction and

its suitability for particular uses, judged in terms of such

factors as trends in land and population development.

promote public health, safety, morals, order, convenience,

prosperity, and general welfare.

(d) Includes, among other things, promotion of or adequate

provision for 1 or more of the following:

(i) A system of transportation to lessen congestion on streets.

(ii) Safety from fire and other dangers.

(iii) Light and air.

(iv) Healthful and convenient distribution of population.

(v) Good civic design and arrangement and wise and efficient

expenditure of public funds.

(vi) Public utilities such as sewage disposal and water supply

and other public improvements.

(vii) Recreation.

(viii) The use of resources in accordance with their character

and adaptability.

ARTICLE II. PLANNING COMMISSION CREATION AND ADMINISTRATION

Sec. 11. (1) A local unit of government may adopt an ordinance

creating a planning commission with powers and duties provided in

this act. The planning commission of a local unit of government

shall be officially called "the planning commission", even if a

charter, ordinance, or resolution uses a different name such as

"plan board" or "planning board".

(2) Within 14 days after a local unit of government adopts an

ordinance under subsection (1) creating a planning commission, the

clerk of the local unit shall transmit notice of the adoption to

the planning commission of the county where the local unit is

located. However, if there is not a county planning commission or

if the local unit adopting the ordinance is a county, notice shall

be transmitted to the regional planning commission engaged in

planning for the region within which the local unit is located.

Notice under this subsection is not required when a planning

commission created before the effective date of this act continues

in existence under this act, but is required when an ordinance

governing or creating a planning commission is amended or

superseded under section 81(2)(b) or (3)(b).

(3) If, after the effective date of this act, a city or home

rule village adopts a charter provision providing for a planning

commission, the charter provision shall be implemented by an

ordinance that conforms to this act. Section 81(2) provides for the

continuation of a planning commission created by a charter

provision adopted before the effective date of this act.

(4) Section 81(3) provides for the continuation of a planning

commission created under a planning act repealed under section 85.

(5) Section 83 provides for the continued exercise by a

planning commission, or the transfer to a planning commission, of

the powers and duties of a zoning board or zoning commission.

Sec. 13. (1) Subject to subsection (2), a township ordinance

creating a planning commission under this act shall take effect 63

days after the ordinance is published by the township board in a

newspaper having general circulation in the township.

(2) Subject to subsection (3), before a township ordinance

creating a planning commission takes effect, a petition may be

filed with the township clerk requesting the submission of the

ordinance to the electors residing in the unincorporated portion of

the township for their approval or rejection. The petition shall be

signed by a number of qualified and registered electors residing in

the unincorporated portion of the township equal to not less than

8% of the total vote cast for all candidates for governor, at the

last preceding general election at which a governor was elected. If

such a petition is filed, the ordinance shall not take effect until

approved by a majority of the electors residing in the

unincorporated portion of the township voting thereon at the next

regular or special election that allows reasonable time for proper

notices and printing of ballots or at any special election called

for that purpose, as determined by the township board. The township

board shall specify the language of the ballot question.

(3) Subsection (2) does not apply if the planning commission

created by the ordinance is the successor to an existing zoning

commission or zoning board as provided for under section 301 of the

Michigan zoning enabling act, 2006 PA 110, MCL 125.3301.

(4) If a township board does not on its own initiative adopt

an ordinance under this act creating a planning commission, a

petition may be filed with the township clerk requesting the

township board to adopt such an ordinance. The petition shall be

signed by a number of qualified and registered electors as provided

in subsection (2). If such a petition is filed, the township board,

at its first meeting following the filing shall submit the question

to the electors of the township in the same manner as provided

under subsection (2).

(5) A petition under this section, including the circulation

and signing of the petition, is subject to section 488 of the

Michigan election law, 1954 PA 116, MCL 168.488. A person who

violates a provision of the Michigan election law, 1954 PA 116, MCL

168.1 to 168.992, applicable to a petition described in this

section is subject to the penalties prescribed for that violation

in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

Sec. 15. (1) In a city or village, the mayor or village

president shall appoint members of the planning commission, subject

to approval by a majority vote of the members of the legislative

body elected and serving. In a township or county, the legislative

body shall appoint members of the planning commission, by majority

vote of the members of the legislative body. However, if the

legislative body does not make an appointment to fill a vacancy on

the planning commission within 63 days after the vacancy is

created, the chief elected official of the township or county shall

make the appointment.

(2) A city, village, or township planning commission shall

consist of 5, 7, or 9 members. A county planning commission shall

consist of 5, 7, 9, or 11 members. Members of a planning commission

other than ex officio members under subsection (5) shall be

appointed for 3-year terms. However, of the members of the planning

commission, other than ex officio members, first appointed, a

number shall be appointed to 1-year or 2-year terms such that, as

nearly as possible, the terms of 1/3 of all the planning commission

members will expire each year. If a vacancy occurs on a planning

commission, the vacancy shall be filled for the unexpired term in

the same manner as provided for an original appointment. A member

shall hold office until his or her successor is appointed.

(3) The membership of a planning commission shall be

representative of important segments of the community, such as the

economic, governmental, educational, and social development of the

local unit of government, in accordance with the major interests as

they exist in the local unit of government, such as agriculture,

natural resources, recreation, education, public health,

government, transportation, industry, and commerce. The membership

shall also be representative of the entire geography of the local

unit of government to the extent practicable.

(4) Members of a planning commission shall be qualified

electors of the local unit of government, except that the following

number of planning commission members may be individuals who are

not qualified electors of the local unit of government:

(a) 3, in a city that on the effective date of this act had a

population of more than 2,700 but less than 2,800.

(b) 2, in a city or village that has, or on the effective date

of this act had, a population of less than 5,000, except as

provided in subdivision (a).

in subdivision (a) or (b).

(5) In a township that on the effective date of this act had a

planning commission created under former 1931 PA 285, 1 member of

the legislative body or the chief elected official, or both, may be

appointed to the planning commission, as ex officio members. In any

other township, 1 member of the legislative body shall be appointed

to the planning commission, as an ex officio member. In a city,

village, or county, the chief administrative official, if any, the

chief elected official, 1 or more members of the legislative body,

or any combination thereof, may be appointed to the planning

commission, as ex officio members, unless prohibited by charter.

However, in a city, village, or county, not more than 1/3 of the

members of the planning commission may be ex officio members.

Except as provided in this subsection, an elected officer or

employee of the local unit of government is not eligible to be a

member of the planning commission.

(6) For a county planning commission, the county shall make

every reasonable effort to ensure that the membership of the county

planning commission includes a member of a public school board or

an administrative employee of a school district included, in whole

or in part, within the county's boundaries. The requirements of

this subsection apply whenever an appointment is to be made to the

planning commission, unless an incumbent is being reappointed or an

ex officio member is being appointed under subsection (5).

(7) Subject to subsection (8), a city or village that has a

population of less than 5,000, and that has not created a planning

commission by charter, may by an ordinance adopted under section

11(1) provide that 1 of the following boards serve as its planning

commission:

(a) The board of directors of the economic development

corporation of the city or village created under the economic

development corporations act, 1974 PA 338, MCL 125.1601 to

125.1636.

(b) The board of a downtown development authority created

under 1975 PA 197, MCL 125.1651 to 125.1681, if the boundaries of

the downtown district are the same as the boundaries of the city or

village.

act, 1980 PA 450, MCL 125.1801 to 125.1830, if the boundaries of

the authority district are the same as the boundaries of the city

or village.

(8) Subsections (1) to (5) do not apply to a planning

commission established under subsection (7). All other provisions

of this act apply to a planning commission established under

subsection (7).

(9) The legislative body may remove a member of the planning

commission for misfeasance, malfeasance, or nonfeasance in office

upon written charges and after a public hearing. Before casting a

vote on a matter on which a member may reasonably be considered to

have a conflict of interest, the member shall disclose the

potential conflict of interest to the planning commission. The

member is disqualified from voting on the matter if so provided by

the bylaws or by a majority vote of the remaining members of the

planning commission. Failure of a member to disclose a potential

conflict of interest as required by this subsection constitutes

malfeasance in office. Unless the legislative body, by ordinance,

defines conflict of interest for the purposes of this subsection,

the planning commission shall do so in its bylaws.

(10) An ordinance creating a planning commission may impose

additional requirements relevant to the subject matter of, but not

inconsistent with, this section.

Sec. 17. (1) A planning commission shall elect a chairperson

and secretary from its members and create and fill other offices as

it considers advisable. An ex officio member of the planning

commission is not eligible to serve as chairperson. The term of

each officer shall be 1 year, with opportunity for reelection as

specified in bylaws adopted under section 19.

(2) A planning commission may appoint advisory committees

whose members are not members of the planning commission.

Sec. 19. (1) A planning commission shall adopt bylaws for the

transaction of business, and shall keep a public record of its

resolutions, transactions, findings, and determinations.

(2) A planning commission shall make an annual written report

to the legislative body concerning its operations and the status of

planning activities, including recommendations regarding actions by

the legislative body related to planning and development.

Sec. 21. (1) A planning commission shall hold not less than 4

regular meetings each year, and by resolution shall determine the

time and place of the meetings. Unless the bylaws provide

otherwise, a special meeting of the planning commission may be

called by the chairperson or by 2 other members, upon written

request to the secretary. Unless the bylaws provide otherwise, the

secretary shall send written notice of a special meeting to

planning commission members not less than 48 hours before the

meeting.

(2) The business that a planning commission may perform shall

be conducted at a public meeting of the planning commission held in

compliance with the open meetings act, 1976 PA 267, MCL 15.261 to

15.275. Public notice of the time, date, and place of a regular or

special meeting shall be given in the manner required by that act.

(3) A writing prepared, owned, used, in the possession of, or

retained by a planning commission in the performance of an official

function shall be made available to the public in compliance with

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 23. (1) Members of a planning commission may be

compensated for their services as provided by the legislative body.

A planning commission may adopt bylaws relative to compensation and

expenses of its members and employees for travel when engaged in

the performance of activities authorized by the legislative body,

including, but not limited to, attendance at conferences,

workshops, educational and training programs, and meetings.

(2) After preparing the annual report required under section

19, a planning commission may prepare a detailed budget and submit

the budget to the legislative body for approval or disapproval. The

legislative body annually may appropriate funds for carrying out

the purposes and functions permitted under this act, and may match

local government funds with federal, state, county, or other local

government or private grants.

(3) A planning commission may accept gifts for the exercise of

its functions. However, in a township, other than a township that

on the effective date of this act had a planning commission created

under former 1931 PA 285, only the township board may accept such

gifts, on behalf of the planning commission. A gift of money so

accepted in either case shall be deposited with the treasurer of

the local unit of government in a special nonreverting planning

commission fund for expenditure by the planning commission for the

purpose designated by the donor. The treasurer shall draw a warrant

against the special nonreverting fund only upon receipt of a

voucher signed by the chairperson and secretary of the planning

commission and an order drawn by the clerk of the local unit of

government. The expenditures of a planning commission, exclusive of

gifts and grants, shall be within the amounts appropriated by the

legislative body.

Sec. 25. (1) A local unit of government may employ a planning

director and other personnel as it considers necessary, contract

for the services of planning and other technicians, and incur other

expenses, within a budget authorized by the legislative body. This

authority shall be exercised by the legislative body, unless a

charter provision or ordinance delegates this authority to the

planning commission or another body or official. The appointment of

employees is subject to the same provisions of law as govern other

corresponding civil employees of the local unit of government.

(2) For the purposes of this act, a planning commission may

make use of maps, data, and other information and expert advice

provided by appropriate federal, state, regional, county, and

municipal officials, departments, and agencies. All public

officials, departments, and agencies shall make available public

information for the use of planning commissions and furnish such

other technical assistance and advice as they may have for planning

purposes.

ARTICLE III. PREPARATION AND ADOPTION OF MASTER PLAN

Sec. 31. (1) A planning commission shall make and approve a

master plan as a guide for development within the planning

jurisdiction, subject to section 81 and the following:

(a) For a county, the master plan may include planning in

cooperation with the constituted authorities for incorporated areas

in whole or to the extent to which, in the planning commission's

judgment, they are related to the planning of the unincorporated

territory or of the county as a whole.

(b) For a township that on the effective date of this act had

a planning commission created under former 1931 PA 285, or for a

city or village, the planning jurisdiction may include any areas

outside of the municipal boundaries that, in the planning

commission's judgment, are related to the planning of the

municipality.

(2) In the preparation of a master plan, a planning commission

shall do all of the following, as applicable:

(a) Make careful and comprehensive surveys and studies of

present conditions and future growth within the planning

jurisdiction with due regard to its relation to neighboring

jurisdictions.

(b) Consult with representatives of adjacent local units of

government in respect to their planning so that conflicts in master

plans and zoning may be avoided.

governments and other public agencies concerned with programs for

economic, social, and physical development within the planning

jurisdiction and seek the maximum coordination of the local unit of

government's programs with these agencies.

(3) In the preparation of the master plan, the planning

commission may meet with other governmental planning commissions or

agency staff to deliberate.

(4) In general, a planning commission has such lawful powers

as may be necessary to enable it to carry out the purposes of this

act.

Sec. 33. (1) A master plan shall address land use and

infrastructure issues and may project 20 years or more into the

future. A master plan shall include maps, plats, charts, and

descriptive, explanatory, and other related matter and shall show

the planning commission's recommendations for the physical

development of the planning jurisdiction.

(2) A master plan shall also include those of the following

subjects that reasonably can be considered as pertinent to the

future development of the planning jurisdiction:

(a) A land use plan that consists in part of a classification

and allocation of land for agriculture, residences, commerce,

industry, recreation, ways and grounds, public buildings, schools,

soil conservation, forests, woodlots, open space, wildlife refuges,

and other uses and purposes. If a county has not adopted a zoning

ordinance under former 1943 PA 183 or the Michigan zoning enabling

act, 2006 PA 110, MCL 125.3101 to 125.3702, a land use plan and

program for the county may be a general plan with a generalized

future land use map.

(b) The general location, character, and extent of streets,

railroads, airports, bicycle paths, pedestrian ways, bridges,

waterways, and waterfront developments; sanitary sewers and water

supply systems; facilities for flood prevention, drainage,

pollution prevention, and maintenance of water levels; and public

utilities and structures.

layout of redevelopment or rehabilitation of blighted areas; and

the removal, relocation, widening, narrowing, vacating,

abandonment, change of use, or extension of streets, grounds, open

spaces, buildings, utilities, or other facilities.

(d) For a local unit of government that has adopted a zoning

ordinance, a zoning plan for various zoning districts controlling

the height, area, bulk, location, and use of buildings and

premises. The zoning plan shall include an explanation of how the

land use categories on the future land use map relate to the

districts on the zoning map.

(e) Recommendations for implementing any of the master plan's

proposals.

(3) If a master plan is or includes a master street plan,

the means for implementing the master street plan in cooperation

with the county road commission and the state transportation

department shall be specified in the master street plan in a manner

consistent with the respective powers and duties of and any written

agreements between these entities and the municipality.

(4) This section is subject to section 81(1).

Sec. 35. A planning commission may, by a majority vote of the

members, adopt a subplan for a geographic area less than the entire

planning jurisdiction, if, because of the unique physical or

demographic characteristics of that area, more intensive planning

is necessary for the purposes set forth in section 7.

Sec. 37. (1) A county board of commissioners may designate the

county planning commission as the metropolitan county planning

commission. A county planning commission so designated shall

perform metropolitan and regional planning whenever necessary or

desirable. The metropolitan county planning commission may engage

in comprehensive planning, including, but not limited to, the

following:

(a) Preparation, as a guide for long-range development, of

general physical plans with respect to the pattern and intensity of

land use and the provision of public facilities, together with

long-range fiscal plans for such development.

(b) Programming of capital improvements based on relative

urgency, together with definitive financing plans for the

improvements to be constructed in the earlier years of the program.

agencies within the metropolitan area or region.

(d) Intergovernmental coordination of all related planning

activities among the state and local governmental agencies within

the metropolitan area or region.

(2) In addition to the powers conferred by other provisions of

this act, a metropolitan county planning commission may apply for,

receive, and accept grants from any local, regional, state, or

federal governmental agency and agree to and comply with the terms

and conditions of such grants. A metropolitan county planning

commission may do any and all things necessary or desirable to

secure the financial aid or cooperation of a regional, state, or

federal governmental agency in carrying out its functions, when

approved by a 2/3 vote of the county board of commissioners.

Sec. 39. (1) A master plan shall be adopted under the

procedures set forth in this section and sections 41 and 43. A

master plan may be adopted as a whole or by successive parts

corresponding with major geographical areas of the planning

jurisdiction or with functional subject matter areas of the master

plan.

(2) Before preparing a master plan, a planning commission

shall send to all of the following, by first-class mail or personal

delivery, a notice explaining that the planning commission intends

to prepare a master plan and requesting the recipient's cooperation

and comment:

(a) For any local unit of government undertaking a master

plan, the planning commission, or if there is no planning

commission, the legislative body, of each municipality located

within or contiguous to the local unit of government.

(b) For a county undertaking a master plan, the regional

planning commission for the region in which the county is located,

if any.

planning commission, or if there is no county planning commission,

the county board of commissioners, for each county located

contiguous to the county.

(d) For a municipality undertaking a master plan, the regional

planning commission for the region in which the municipality is

located, if there is no county planning commission for the county

in which that municipality is located. If there is a county

planning commission, the municipal planning commission may consult

with the regional planning commission but is not required to do so.

(e) For a municipality undertaking a master plan, the county

planning commission, or if there is no county planning commission,

the county board of commissioners, for the county in which that

municipality is located.

(f) For any local unit of government undertaking a master

plan, each public utility company and railroad company owning or

operating a public utility or railroad within the local unit of

government, and any government entity that registers its name and

mailing address for this purpose with the planning commission.

(g) If the master plan will include a master street plan, the

county road commission and the state transportation department.

(3) A submittal under section 41 or 43 by or to an entity

described in subsection (2) may be made by personal or first-class

mail delivery of a hard copy or by electronic mail. However, the

planning commission preparing the plan shall not make such

submittals by electronic mail unless, in the notice described in

subsection (2), the planning commission states that it intends to

make such submittals by electronic mail and the entity receiving

that notice does not respond by objecting to the use of electronic

mail. Electronic mail may contain a link to a website on which the

submittal is posted if the website is accessible to the public free

of charge.

Sec. 41. (1) After preparing a proposed master plan, a

planning commission shall submit the proposed master plan to the

legislative body for review and comment. The process of adopting a

master plan shall not proceed further unless the legislative body

approves the distribution of the proposed master plan.

(2) If the legislative body approves the distribution of the

proposed master plan, it shall notify the secretary of the planning

commission, and the secretary of the planning commission shall

submit, in the manner provided in section 39(3), a copy of the

proposed master plan, for review and comment, to all of the

following:

(a) For any local unit of government proposing a master plan,

the planning commission, or if there is no planning commission, the

legislative body, of each municipality located within or contiguous

to the local unit of government.

(b) For a county proposing a master plan, the regional

planning commission for the region in which the county is located,

if any.

commission, or if there is no county planning commission, the

county board of commissioners, for each county located contiguous

to the county.

(d) For a municipality proposing a master plan, the regional

planning commission for the region in which the municipality is

located, if there is no county planning commission for the county

in which that local unit of government is located. If there is a

county planning commission, the secretary of the planning

commission may submit a copy of the proposed master plan to the

regional planning commission but is not required to do so.

(e) For a municipality proposing a master plan, the county

planning commission, or if there is no county planning commission,

the county board of commissioners, for the county in which that

municipality is located. The secretary of the planning commission

shall concurrently submit to the county planning commission, in the

manner provided in section 39(3), 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, in

the manner provided in section 39(3), a statement that the

requirements of subdivisions (a) and (d) 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 master plan was submitted under

subdivision (a) or (d), as applicable, and the date of submittal.

(f) For any local unit of government proposing a master plan,

each public utility company and railroad company owning or

operating a public utility or railroad within the local unit of

government, and any government entity that registers its name and

address for this purpose with the secretary of the planning

commission. An entity described in this subdivision that receives a

copy of a proposed master plan, or of a final master plan as

provided in section 43(5), shall reimburse the local unit of

government for any copying and postage costs thereby incurred.

(g) If the proposed master plan is or includes a proposed

master street plan, the county road commission and the state

transportation department.

(3) An entity described in subsection (2) may submit comments

on the proposed master plan to the planning commission in the

manner provided in section 39(3) within 63 days after the proposed

master plan was submitted to that entity under subsection (2). If

the county planning commission or the county board of commissioners

that receives a copy of a proposed master plan under subsection

(2)(e) 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 considers the proposed master plan to

be inconsistent with the master plan of any municipality or region

described in subsection (2)(a) or (d).

(b) If the county has a county master plan, a statement

whether the county planning commission considers the proposed

master plan to be inconsistent with the county master plan.

(4) The statements provided for in subsection (3)(a) and (b)

are advisory only.

Sec. 43. (1) Before approving a proposed master plan, a

planning commission shall hold not less than 1 public hearing on

the proposed master plan. The hearing shall be held after the

expiration of the deadline for comment under section 41(3). The

planning commission shall give notice of the time and place of the

public hearing not less than 15 days before the hearing by

publication in a newspaper of general circulation within the local

unit of government. The planning commission shall also submit

notice of the public hearing in the manner provided in section

39(3) to each entity described in section 39(2). This notice may

accompany the proposed master plan submitted under section 41.

(2) The approval of the proposed master plan shall be by

resolution of the planning commission carried by the affirmative

votes of not less than 2/3 of the members of a city or village

planning commission or not less than a majority of the members of a

township or county planning commission. The resolution shall refer

expressly to the maps and descriptive and other matter intended by

the planning commission to form the master plan. A statement

recording the planning commission's approval of the master plan,

signed by the chairperson or secretary of the planning commission,

shall be included on the inside of the front or back cover of the

master plan and, if the future land use map is a separate document

from the text of the master plan, on the future land use map.

Following approval of the proposed master plan by the planning

commission, the secretary of the planning commission shall submit a

copy of the master plan to the legislative body.

(3) Approval of the proposed master plan by the planning

commission under subsection (2) is the final step for adoption of

the master plan, unless the legislative body by resolution has

asserted the right to approve or reject the master plan. In that

case, after approval of the proposed master plan by the planning

commission, the legislative body shall approve or reject the

proposed master plan. A statement recording the legislative body's

approval of the master plan, signed by the clerk of the legislative

body, shall be included on the inside of the front or back cover of

the master plan and, if the future land use map is a separate

document from the text of the master plan, on the future land use

map.

(4) If the legislative body rejects the proposed master plan,

the legislative body shall submit to the planning commission a

statement of its objections to the proposed master plan. The

planning commission shall consider the legislative body's

objections and revise the proposed master plan so as to address

those objections. The procedures provided in subsections (1) to (3)

and this subsection shall be repeated until the legislative body

approves the proposed master plan.

(5) Upon final adoption of the master plan, the secretary of

the planning commission shall submit, in the manner provided in

section 39(3), copies of the adopted master plan to the same

entities to which copies of the proposed master plan were required

to be submitted under section 41(2).

Sec. 45. (1) An extension, addition, revision, or other

amendment to a master plan shall be adopted by following the

procedure under sections 39, 41, and 43, subject to all of the

following:

(a) Any of the following amendments to a plan may be made

without following the procedure under sections 39, 41, and 43:

(i) Grammatical, typographical, or similar editorial changes.

(ii) A title change.

(iii) Changes to conform to an adopted plat.

(b) Subject to subdivision (a), the review period provided for

in section 41(3) shall be 42 days instead of 63 days.

section 39(2) that it intends to prepare a subplan, the notice may

indicate that the local unit of government intends not to provide

that entity with further notices of or copies of proposed or final

subplans otherwise required to be submitted to that entity under

section 39, 41, or 43. Unless the entity responds that it chooses

to receive notice of subplans, the local unit of government is not

required to provide further notice of subplans to that entity.

(2) At least every 5 years after adoption of a master plan, a

planning commission shall review the master plan and determine

whether to commence the procedure to amend the master plan or adopt

a new master plan. The review and its findings shall be recorded in

the minutes of the relevant meeting or meetings of the planning

commission.

Sec. 47. (1) Subject to subsection (2), a part of a county

master plan covering an incorporated area within the county shall

not be recognized as the official master plan or part of the

official master plan for that area unless adopted by the

appropriate city or village in the manner prescribed by this act.

(2) Subsection (1) does not apply if the incorporated area is

subject to county zoning pursuant to the Michigan zoning enabling

act, 2006 PA 110, MCL 125.3101 to 125.3702, and a contract under

the urban cooperation act, 1967 (Ex Sess) PA 7, MCL 124.501 to

124.512, or 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.

Sec. 49. (1) This act does not alter the authority of a

planning department of a city or village created by charter to

submit a proposed master plan, or a proposed extension, addition,

revision, or other amendment to a master plan, to the planning

commission, whether directly or indirectly as provided by charter.

(2) Subsection (1) notwithstanding, a planning commission

described in subsection (1) shall comply with the requirements of

this act.

Sec. 51. (1) To promote public interest in and understanding

of the master plan, a planning commission may publish and

distribute copies of the master plan or of any report, and employ

other means of publicity and education.

(2) A planning commission shall consult with and advise public

officials and agencies, public utility companies, civic,

educational, professional, and other organizations, and citizens

concerning the promotion or implementation of the master plan.

ARTICLE IV. SPECIAL PROVISIONS, INCLUDING

CAPITAL IMPROVEMENTS AND SUBDIVISION REVIEW

Sec. 61. (1) A street; square, park, playground, public way,

ground, or other open space; or public building or other structure

shall not be constructed or authorized for construction in an area

covered by a municipal master plan unless the location, character,

and extent of the street, public way, open space, structure, or

utility have been submitted to the planning commission by the

legislative body or other body having jurisdiction over the

authorization or financing of the project and has been approved by

the planning commission. The planning commission shall submit its

reasons for approval or disapproval to the body having

jurisdiction. If the planning commission disapproves, the body

having jurisdiction may overrule the planning commission by a vote

of not less than 2/3 of its entire membership for a township that

on the enactment date of this act had a planning commission created

under former 1931 PA 285, or for a city or village, or by a vote of

not less than a majority of its membership for any other township.

If the planning commission fails to act within 35 days after

submission of the proposal to the planning commission, the project

shall be considered to be approved by the planning commission.

(2) Following adoption of the county plan or any part of a

county plan and the certification by the county planning commission

to the county board of commissioners of a copy of the plan, work

shall not be initiated on any project involving the expenditure of

money by a county board, department, or agency for the acquisition

of land, the erection of structures, or the extension,

construction, or improvement of any physical facility by any county

board, department, or agency unless a full description of the

project, including, but not limited to, its proposed location and

extent, has been submitted to the county planning commission and

the report and advice of the planning commission on the proposal

have been received by the county board of commissioners and by the

county board, department, or agency submitting the proposal.

However, work on the project may proceed if the planning commission

fails to provide in writing its report and advice upon the proposal

within 35 days after the proposal is filed with the planning

commission. The planning commission shall provide copies of the

report and advice to the county board, department, or agency

sponsoring the proposal.

Sec. 63. If the opening, widening, or extension of a street,

or the acquisition or enlargement of any square, park, playground,

or other open space has been approved by a township planning

commission that was created before the effective date of this act

under former 1931 PA 285 or by a city or village planning

commission and authorized by the legislative body as provided under

section 61, the legislative body shall not rescind its

authorization unless the matter has been resubmitted to the

planning commission and the rescission has been approved by the

planning commission. The planning commission shall hold a public

hearing on the matter. The planning commission shall submit its

reasons for approval or disapproval of the rescission to the

legislative body. If the planning commission disapproves the

rescission, the legislative body may overrule the planning

commission by a vote of not less than 2/3 of its entire membership.

If the planning commission fails to act within 63 days after

submission of the proposed rescission to the planning commission,

the proposed rescission shall be considered to be approved by the

planning commission.

Sec. 65. (1) To further the desirable future development of

the local unit of government under the master plan, a planning

commission, after adoption of a master plan, shall annually prepare

a capital improvements program of public structures and

improvements, unless the planning commission is exempted from this

requirement by charter or otherwise. If the planning commission is

exempted, the legislative body either shall prepare and adopt a

capital improvements program, separate from or as a part of the

annual budget, or shall delegate the preparation of the capital

improvements program to the chief elected official or a nonelected

administrative official, subject to final approval by the

legislative body. The capital improvements program shall show those

public structures and improvements, in the general order of their

priority, that in the commission's judgment will be needed or

desirable and can be undertaken within the ensuing 6-year period.

The capital improvements program shall be based upon the

requirements of the local unit of government for all types of

public structures and improvements. Consequently, each agency or

department of the local unit of government with authority for

public structures or improvements shall upon request furnish the

planning commission with lists, plans, and estimates of time and

cost of those public structures and improvements.

(2) Subsection (1) does not apply to a township unless the

township, alone or jointly with 1 or more other local units of

government, owns or operates a water supply or sewage disposal

system.

Sec. 67. A planning commission may recommend to the

appropriate public officials programs for public structures and

improvements and for the financing thereof, regardless of whether

the planning commission is exempted from the requirement to prepare

a capital improvements program under section 65.

Sec. 69. If a municipal planning commission has zoning duties

pursuant to section 83 and the municipality has adopted a zoning

ordinance, the county planning commission, if any, may, by first-

class mail or personal delivery, request the municipal planning

commission to submit to the county planning commission a copy of

the zoning ordinance and any amendments. The municipal planning

commission shall submit the requested documents to the county

planning commission within 63 days after the request is received

and shall submit any future amendments to the zoning ordinance

within 63 days after the amendments are adopted. The municipal

planning commission may submit a zoning ordinance or amendment

under this subsection electronically.

Sec. 71. (1) A planning commission may recommend to the

legislative body provisions of an ordinance or rules governing the

subdivision of land authorized under section 105 of the land

division act, 1967 PA 288, MCL 560.105. If a township is subject to

county zoning consistent with section 209 of the Michigan zoning

enabling act, 2006 PA 110, MCL 125.3209, or a city or village is

subject to county zoning pursuant to the Michigan zoning enabling

act, 2006 PA 110, MCL 125.3101 to 125.3702, and a contract under

the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501

to 124.512, or 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536, the

county planning commission may recommend to the legislative body of

the municipality provisions of an ordinance or rules governing the

subdivision of land authorized under section 105 of the land

division act, 1967 PA 288, MCL 560.105. A planning commission may

proceed under this subsection on its own initiative or upon request

of the appropriate legislative body.

(2) Recommendations for a subdivision ordinance or rule may

address plat design, including the proper arrangement of streets in

relation to other existing or planned streets and to the master

plan; adequate and convenient open spaces for traffic, utilities,

access of firefighting apparatus, recreation, light, and air; and

the avoidance of congestion of population, including minimum width

and area of lots. The recommendations may also address the extent

to which streets shall be graded and improved and to which water

and sewer and other utility mains, piping, or other facilities

shall be installed as a condition precedent to the approval of a

plat.

(3) Before recommending an ordinance or rule described in

subsection (1), the planning commission shall hold a public hearing

on the proposed ordinance or rule. The planning commission shall

give notice of the time and place of the public hearing not less

than 15 days before the hearing by publication in a newspaper of

general circulation within the local unit of government.

(4) If a municipality has adopted a master plan or master

street plan, the planning commission of that municipality shall

review and make recommendations on plats before action thereon by

the legislative body under section 112 of the land division act,

1967 PA 288, MCL 560.112. If a township is subject to county zoning

consistent with section 209 of the Michigan zoning enabling act,

2006 PA 110, MCL 125.3209, or a city or village is subject to

county zoning pursuant to the Michigan zoning enabling act, 2006 PA

110, MCL 125.3101 to 125.3702, and a contract under the urban

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

124.512, or 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536, and the

municipality has adopted a master plan or master street plan, the

county planning commission shall also review and make

recommendations on plats before action thereon by the legislative

body of the municipality under section 112 of the land division

act, 1967 PA 288, MCL 560.112.

(5) A planning commission shall not take action on a proposed

plat without affording an opportunity for a public hearing thereon.

A plat submitted to the planning commission shall contain the name

and address of the proprietor or other person to whom notice of a

hearing shall be sent. Not less than 15 days before the date of the

hearing, notice of the date, time, and place of the hearing shall

be sent to that person at that address by mail and shall be

published in a newspaper of general circulation in the

municipality. Similar notice shall be mailed to the owners of land

immediately adjoining the proposed platted land.

(6) A planning commission shall recommend approval, approval

with conditions, or disapproval of a plat within 63 days after the

plat is submitted to the planning commission. If applicable

standards under the land division act, 1967 PA 288, MCL 560.101 to

560.293, and an ordinance or published rules governing the

subdivision of land authorized under section 105 of that act, MCL

560.105, are met, the planning commission shall recommend approval

of the plat. If the planning commission fails to act within the

required period, the plat shall be considered to have been

recommended for approval, and a certificate to that effect shall be

issued by the planning commission upon request of the proprietor.

However, the proprietor may waive this requirement and consent to

an extension of the 63-day period. The grounds for any

recommendation of disapproval of a plat shall be stated upon the

records of the planning commission.

(7) A plat approved by a municipality and recorded under

section 172 of the land division act, 1967 PA 288, MCL 560.172,

shall be considered to be an amendment to the master plan and a

part thereof. Approval of a plat by a municipality does not

constitute or effect an acceptance by the public of any street or

other open space shown upon the plat.

ARTICLE V. TRANSITIONAL PROVISIONS AND REPEALER

Sec. 81. (1) Unless rescinded by the local unit of government,

any plan adopted or amended under a planning act repealed under

section 85 need not be readopted under this act but continues in

effect as a master plan under this act, regardless of whether it is

entitled a master plan, basic plan, county plan, development plan,

guide plan, land use plan, municipal plan, township plan, plan, or

any other term. This includes, but is not limited to, a plan

prepared by a planning commission and adopted before the effective

date of this act to satisfy the requirements of section 1 of the

former city and village zoning act, 1921 PA 207, section 3 of the

former township zoning act, 1943 PA 184, or section 3 of the former

county zoning act, 1943 PA 183, or section 203(1) of the Michigan

zoning enabling act, 2006 PA 110, MCL 125.3203. The master plan is

subject to the requirements of this act, including, but not limited

to, the requirement for periodic review under section 45(2) and the

amendment procedures set forth in this act. However, the master

plan is not subject to the requirements of section 33 until it is

first amended under this act.

(2) Unless repealed, a city or home rule village charter

provision creating a planning commission before the effective date

of this act and any ordinance adopted before the effective date of

this act implementing that charter provision continues in effect

under this act, and the planning commission need not be newly

created by an ordinance adopted under this act. However, both of the

following apply:

(a) The legislative body may by ordinance increase the powers

and duties of the planning commission to correspond with the powers

and duties of a planning commission created under this act.

Provisions of this act regarding planning commission powers and

duties do not otherwise apply to a planning commission created by

charter before the effective date of this act and provisions of

this act regarding planning commission membership, appointment, and

organization do not apply to such a planning commission. All other

provisions of this act, including, but not limited to, provisions

regarding planning commission selection of officers, meetings,

rules, records, appointment of employees, contracts for services,

and expenditures, do apply to such a planning commission.

(b) The legislative body shall amend any ordinance adopted

before the effective date of this act to implement the charter

provision, or repeal the ordinance and adopt a new ordinance, to

fully conform to the requirements of this act made applicable by

subdivision (a), by the earlier of the following dates:

(i) The date when an amendatory or new ordinance is first

adopted under this act for any purpose.

(ii) July 1, 2011.

(3) Unless repealed, an ordinance creating a planning

commission under former 1931 PA 285 or former 1945 PA 282 or a

resolution creating a planning commission under former 1959 PA 168

continues in effect under this act, and the planning commission

need not be newly created by an ordinance adopted under this act.

However, all of the following apply:

(a) Beginning on the effective date of this act, the duties of

the planning commission are subject to the requirements of this

act.

(b) The legislative body shall amend the ordinance, or repeal

the ordinance or resolution and adopt a new ordinance, to fully

conform to the requirements of this act by the earlier of the

following dates:

(i) The date when an amendatory or new ordinance is first

adopted under this act for any purpose.

(ii) July 1, 2011.

to referendum.

(4) Unless repealed or rescinded by the legislative body, an

ordinance or published rules governing the subdivision of land

authorized under section 105 of the land division act, 1967 PA 288,

MCL 560.105, need not be readopted under this act or amended to

comply with this act but continue in effect under this act.

However, if amended, the ordinance or published rules shall be

amended under the procedures of this act.

Sec. 83. (1) If, on the effective date of this act, a planning

commission had the powers and duties of a zoning board or zoning

commission under the former city and village zoning act, 1921 PA

207, the former county zoning act, 1943 PA 183, or the former

township zoning act, 1943 PA 184, and under the Michigan zoning

enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, the planning

commission may continue to exercise those powers and duties without

amendment of the ordinance, resolution, or charter provision that

created the planning commission.

(2) If, on the effective date of this act, a local unit of

government had a planning commission without zoning authority

created under former 1931 PA 285, former 1945 PA 282, or former

1959 PA 168, the legislative body may by amendment to the ordinance

creating the planning commission, or, if the planning commission

was created by resolution, may by resolution, transfer to the

planning commission all the powers and duties provided to a zoning

board or zoning commission created under the Michigan zoning

enabling act, 2006 PA 110, MCL 125.3101 to 125.3702. If an existing

zoning board or zoning commission in the local unit of government

is nearing the completion of its draft zoning ordinance, the

legislative body shall postpone the transfer of the zoning board's

or zoning commission's powers, duties, and records until the

completion of the draft zoning ordinance, but is not required to

postpone the transfer more than 1 year.

(3) If, on or after the effective date of this act, a planning

commission is created in a local unit of government that has had a

zoning board or zoning commission since before the effective date

of this act, the legislative body shall transfer all the powers,

duties, and records of the zoning board or zoning commission to the

planning commission before July 1, 2011. If the existing zoning

board or zoning commission is nearing the completion of its draft

zoning ordinance, the legislative body may, by resolution, postpone

the transfer of the zoning board's or zoning commission's powers,

duties, and records until the completion of the draft zoning

ordinance, but not later than until 1 year after creation of the

planning commission or July 1, 2011, whichever comes first.

Sec. 85. (1) The following acts are repealed:

(a) 1931 PA 285, MCL 125.31 to 125.45.

(b) 1945 PA 282, MCL 125.101 to 125.115.

(2) Any plan adopted or amended under an act repealed under

subsection (1) is subject to section 81(1).