HOUSE BILL NO. 5531

A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending section 501 (MCL 125.3501), as amended by 2008 PA 12.

the people of the state of michigan enact:

Sec. 501. (1) The local unit of government may require the submission and approval of a site plan before authorization of a land use or activity regulated by a zoning ordinance. The zoning ordinance shall must specify the body or official responsible for reviewing site plans and granting approval.

(2) If a zoning ordinance requires site plan approval, both of the following apply:

(a) The site plan, as approved, shall become part of must be included in the record of approval. , and subsequent actions

(b) Actions relating to the activity authorized shall must be consistent with the approved site plan, unless a change conforming to the zoning ordinance is agreed to by the landowner and the body or official that initially approved the site plan.

(3) The procedures and requirements for the submission and approval of site plans shall must be specified in the zoning ordinance. The site plan must be submitted with a completed site plan application form. In reviewing a site plan application, a local unit of government may require studies or other documents that are reasonably necessary to evaluate the proposal to which the site plan relates considering the nature, scope, and intensity of the proposed use. After initial site plan approval, a local unit of government may require the applicant to submit additional studies or documents for the same application, or revise previously submitted studies or documents, only if necessary to ensure compliance with applicable zoning ordinance standards, state or federal law, or other applicable codes, or to address a demonstrated and material public health or safety concern. If the applicant requests or causes a material change in the scope of the approved site plan, the local unit of government may require additional studies or documents, but only if the studies or documents are reasonably necessary to evaluate the impacts of the change for purposes of code compliance or a demonstrated and material public health or safety concern. A local unit of government shall not request additional studies or documents to impose new or additional requirements unrelated to the change or to reopen issues previously reviewed and approved.

(4) Site plan submission, review, and approval shall must be required for special land uses and planned unit developments.

(5) (4) A decision rejecting, approving, or conditionally approving a Not more than 60 days after receipt of a site plan, a local unit of government shall approve, reject, or conditionally approve the site plan. The decision shall must be based upon on requirements and standards contained in the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes. The rejection or conditional approval of a site plan must include an explanation of the specific reasons the site plan was not approved without conditions and how the decision can be appealed.

(5) A site plan shall must be approved if it contains the information required by the zoning ordinance and is in compliance with the conditions imposed under the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.meets these requirements and standards.

(6) As used in this section, "initial site plan approval" means the first formal approval of a site plan by the body or official authorized by the zoning ordinance under this section to approve site plans, and does not include administrative completeness determinations, conceptual or sketch plan reviews, or recommendations made as part of the review process.