HB-5212, As Passed Senate, December 2, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5212

A bill to amend 2008 PA 33, entitled

"Michigan planning enabling act,"

by amending sections 3, 31, 33, 39, and 41 (MCL 125.3803, 125.3831,

125.3833, 125.3839, and 125.3841), sections 3 and 33 as amended by

2010 PA 134.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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before September 1, 2008 under a planning act repealed under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) "Public transportation agency" means a governmental entity

that operates or is authorized to operate intercity or local

commuter passenger rail service in this state or a public transit

authority created under 1 of the following acts:

(i) The metropolitan transportation authorities act of 1967,

1967 PA 204, MCL 124.401 to 124.426.

(ii) The public transportation authority act, 1986 PA 196, MCL

124.451 to 124.479.

(iii) 1963 PA 55, MCL 124.351 to 124.359.

(iv) The home rule city act, 1909 PA 279, MCL 117.1 to 117.38.

(v) The revenue bond act of 1933, 1933 PA 94, MCL 141.101 to

141.140.

(vi) The charter township act, 1947 PA 359, MCL 42.1 to 42.34.

(vii) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7,

MCL 124.501 to 124.512.

(m) "Public transportation facility" means that term as

defined in section 2 of the metropolitan transportation authorities

act of 1967, 1967 PA 204, MCL 124.402.

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

road, lane, alley, viaduct, or other public way intended for use by

motor vehicles, bicycles, pedestrians, and other legal users.

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~~ area or of the county as a whole.

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

September 1, 2008 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, public transportation agencies, 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 promote local planning and

otherwise 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, subject to subsection (5),

public transportation facilities, 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 all of the

following:

(i) All components of a transportation system and their

interconnectivity including streets and bridges, public transit

including public transportation facilities and routes, bicycle

facilities, pedestrian ways, freight facilities and routes, port

facilities, railroad facilities, and airports, to provide for the

safe and efficient movement of people and goods in a manner that is

appropriate to the context of the community and, as applicable,

considers all legal users of the public right-of-way.

(ii) Waterways and waterfront developments.

(iii) Sanitary sewers and water supply systems.

(iv) Facilities for flood prevention, drainage, pollution

prevention, and maintenance of water levels.

(v) 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 or 1

or more elements described in subsection (2)(b)(i), the means for

implementing the master street plan or elements 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).

(5) The reference to public transportation facilities in

subsection (2)(a) only applies to a master plan that is adopted or

substantively amended more than 90 days after the effective date of

the amendatory act that added this subsection.

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, and public

transportation agency owning or operating a public utility, or

railroad, or public transportation system 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 municipal 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 municipal 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, and public

transportation agency owning or operating a public utility, or

railroad, or public transportation system 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.