HB-6152, As Passed House, June 29, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 6152

A bill to amend 2008 PA 33, entitled

"Michigan planning enabling act,"

by amending sections 3, 7, and 33 (MCL 125.3803, 125.3807, and

125.3833).

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 ~~the effective date of this act~~ 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planning act repealed under section 85.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) "Street" means a street, avenue, boulevard, highway, road,

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

~~automobiles~~ motor vehicles, bicycles, pedestrians, and other legal

users.

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

and provide for safe and efficient movement of people and goods by

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

(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.

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,~~ all of the following:

(i) All components of a transportation system and their

interconnectivity including streets and bridges, public transit,

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. ~~; sanitary~~

(iii) Sanitary sewers and water supply systems. ~~; facilities~~

(iv) Facilities for flood prevention, drainage, pollution

prevention, and maintenance of water levels. ~~; and public~~

(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.