HB-4284, As Passed House, July 17, 2003
SUBSTITUTE FOR
HOUSE BILL NO. 4284
A bill to provide for joint land use planning and the joint
exercise of certain zoning powers and duties by local units of
government; and to provide for the establishment, powers, and
duties of joint planning commissions.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act shall be known and may be cited as the
2 "joint municipal planning act".
3 Sec. 3. As used in this act:
4 (a) "Municipality" means a city, village, or township.
5 (b) "Participating" means, with respect to a municipality,
6 that the municipality is a member of a joint planning
7 commission.
8 (c) "Planning act" means either of the following acts:
9 (i) 1931 PA 285, MCL 125.31 to 125.45, if a city or village
10 is a participating municipality or a township whose planning
1 commission was created under that act is a participating
2 municipality.
3 (ii) 1959 PA 168, MCL 125.321 to 125.333, if a township whose
4 planning commission was created under that act is a participating
5 municipality.
6 (d) "Registered elector of the municipality" means a
7 registered elector residing in the municipality or, if the
8 municipality is a township, a registered elector residing in the
9 portion of the township outside the limits of cities and
10 villages.
11 (e) "Zoning act" means either of the following:
12 (i) The city and village zoning act, 1921 PA 207, MCL 125.581
13 to 125.600, if a city or village is a participating
14 municipality.
15 (ii) The township zoning act, 1943 PA 184, MCL 125.271 to
16 125.310, if a township is a participating municipality.
17 Sec. 5. Subject to section 9, the legislative bodies of 2
18 or more municipalities may each adopt an ordinance approving an
19 agreement establishing a joint planning commission. The
20 agreement shall specify at least all of the following:
21 (a) The composition of the joint planning commission,
22 including any alternate members.
23 (b) The qualifications, the selection by election or
24 appointment, and the terms of office of members of the joint
25 planning commission.
26 (c) Conditions and procedures for removal from office of
27 members of the joint planning commission and for filling
1 vacancies in the joint planning commission.
2 (d) How the operating budget of the joint planning commission
3 will be shared by the participating municipalities.
4 (e) The jurisdictional area of the joint planning commission,
5 which may consist of all or part of the combined territory of the
6 participating municipalities.
7 (f) Procedures by which a municipality may join or withdraw
8 from the joint planning commission.
9 (g) The planning act whose procedure will be followed by the
10 joint planning commission in adopting a plan or exercising any
11 other power or performing any other duty of a planning
12 commission. The planning act shall be a planning act that would
13 otherwise be applicable to at least 1 participating
14 municipality.
15 (h) The zoning act whose procedure will be followed by the
16 joint planning commission in exercising the powers and performing
17 the duties of a zoning board or zoning commission. The zoning
18 act shall be a zoning act that would otherwise be applicable to
19 at least 1 participating municipality.
20 (i) Any additional provision concerning the powers or duties
21 of a zoning board or zoning commission that the zoning act
22 specified pursuant to subdivision (h) authorizes to be set forth
23 in a zoning ordinance and that is agreed to by the participating
24 municipalities.
25 Sec. 7. (1) All the powers and duties of a planning
26 commission under each planning act are, with respect to the
27 jurisdictional area of the joint planning commission, transferred
1 to the joint planning commission. In exercising such powers or
2 performing such duties, the joint planning commission shall
3 follow the procedure provided under the planning act specified
4 pursuant to section 5(g).
5 (2) All the powers and duties of a zoning board or zoning
6 commission under each zoning act are, with respect to the
7 jurisdictional area of the joint planning commission, transferred
8 to the joint planning commission. In exercising such powers or
9 performing such duties, the joint planning commission shall
10 follow the procedure provided under the zoning act specified
11 pursuant to section 5(h).
12 (3) If only part of the territory of a participating
13 municipality is in the jurisdictional area of a joint planning
14 commission, the participating municipality, with the joint
15 planning commission acting as the zoning board or zoning
16 commission, may adopt a zoning ordinance that affects only that
17 portion of its territory in the jurisdictional area of the joint
18 planning commission.
19 Sec. 9. (1) Subject to subsection (3), if a municipality
20 adopts an ordinance under section 5, within 7 days after the
21 municipality publishes the ordinance or a synopsis of the
22 ordinance, whichever is required by law, a registered elector of
23 the municipality may file with the clerk of the municipality a
24 notice of intent to file a petition under this section. If a
25 notice of intent is filed, then within 30 days following the
26 publication of the ordinance or synopsis, a petition signed by a
27 number of registered electors of the municipality equal to not
1 less than 15% of the total votes cast for all candidates for
2 governor, at the last preceding general election at which a
3 governor was elected, in the municipality may be filed with the
4 clerk of the municipality requesting the submission of the
5 ordinance to the registered electors of the municipality for
6 their approval. Upon the filing of a notice of intent, the
7 ordinance adopted by the legislative body of the municipality
8 shall not take effect until 1 of the following occurs:
9 (a) The expiration of 30 days after publication of the
10 ordinance or synopsis, if a petition is not filed within that
11 time.
12 (b) If a petition is filed within 30 days after publication
13 of the ordinance, the clerk of the municipality determines that
14 the petition is inadequate.
15 (c) If a petition is filed within 30 days after publication
16 of the ordinance, the clerk of the municipality determines that
17 the petition is adequate and the ordinance is approved by a
18 majority of the registered electors of the municipality voting
19 for the ordinance at the next regular election which supplies
20 reasonable time for proper notices and printing of ballots, or at
21 any special election called for that purpose. The legislative
22 body of the municipality shall provide the manner of submitting
23 the ordinance to the registered electors of the municipality for
24 their approval or rejection, and determining the result of the
25 election.
26 (2) A petition under subsection (1), including the
27 circulation and signing of the petition, is subject to section
1 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A
2 person who violates a provision of the Michigan election law,
3 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition under
4 subsection (1) is subject to the penalties prescribed for that
5 violation in the Michigan election law, 1954 PA 116, MCL 168.1 to
6 168.992.
7 (3) If a municipality has a charter and the charter provides
8 for a right of referendum on municipal ordinances, then, in that
9 municipality, the charter referendum provisions, instead of
10 subsections (1) and (2), apply to an ordinance adopted under
11 section 5.
12 Sec. 11. (1) The business that a joint planning commission
13 may perform shall be conducted at a public meeting of the joint
14 planning commission held in compliance with the open meetings
15 act, 1976 PA 267, MCL 15.261 to 15.275.
16 (2) A writing prepared, owned, used, in the possession of, or
17 retained by a joint planning commission in the performance of an
18 official function is subject to the freedom of information act,
19 1976 PA 442, MCL 15.231 to 15.246.