HB 5885, As Passed Senate

HB-5885, As Passed Senate, December 6, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5885

A bill to amend 1931 PA 285, entitled

"An act to provide for city, village and municipal planning; the

creation, organization, powers and duties of planning commissions;

the regulation and subdivision of land; and to provide penalties

for violation of the provisions of this act,"

by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and

125.38a), sections 7b and 8a as added and section 8 as amended by

2001 PA 265.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 7b. (1) A municipal plan may be adopted as a whole or by

successive parts corresponding with major geographical areas of the

municipality or with functional subject matter areas of the plan.

(2) After preparing a proposed plan, the municipal planning

commission shall submit the proposed plan to the legislative body

of the municipality for review and comment. The process of adopting

a plan shall not proceed further unless the legislative body of the

municipality approves the distribution of the proposed plan.

(3) If the legislative body of the municipality approves the

distribution of the proposed plan, it shall notify the secretary of

the municipal planning commission and the secretary shall submit a

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

following:

(a) The planning commission, or if there is no planning

commission, the legislative body, of each city, village, or

township located within or contiguous to the municipality.

(b) The regional planning commission, if any, for the region

in which the municipality is located, if there is no county

planning commission for the county in which the municipality is

located. If there is a county planning commission for the county in

which the municipality is located, the secretary of the municipal

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

regional planning commission but is not required to do so.

planning commission, the county board of commissioners, for the

county in which the municipality is located. The secretary of the

municipal planning commission shall concurrently submit to the

county planning commission 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 , a

statement ~~, signed by the secretary,~~ that the requirements of

subdivisions (a) and (b) 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 plan was submitted under subdivision (a) or (b) and the

date of submittal.

(d) Each public utility company and railroad company owning or

operating a public utility or railroad within the municipality, and

any government entity, that registers its name and address for this

purpose with the secretary of the municipal planning commission. An

entity that, pursuant to this subdivision, receives a copy of a

proposed plan, or of a plan as provided in section 8(5), shall

reimburse the municipality for any copying and postage costs

thereby incurred by the municipality.

(4) An entity described in subsection ~~(3)(a), (b), or (d)~~

(3) may submit comments on the proposed plan to the municipal

planning commission within 65 63 days after the proposed plan was

submitted to that entity under subsection (3). ~~A planning~~

~~commission or legislative body described in subsection (3)(a) or~~

~~(b) shall concurrently submit a copy of the comments to the county~~

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

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

~~municipality proposing the plan is located.~~

~~(5) Not less than 75 days or more than 95 days after the date~~

~~the proposed plan was submitted to the county planning commission~~

~~or the county board of commissioners under subsection (3),~~ If the

county planning commission or the county board of commissioners ,

~~respectively, shall submit to the municipal planning commission its~~

~~comments on the proposed plan. The comments~~ that receives a copy

of the proposed plan under subsection (3)(c) 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 ~~, after considering any comments~~

~~received under subsection (4),~~ considers the proposed plan to be

inconsistent with the plan of any city, village, township, or

region described in subsection (3)(a) or (b).

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

county planning commission considers the proposed plan to be

inconsistent with the county plan.

(5) ~~(6)~~ The statements provided for in subsection ~~(5)(a)~~

(4)(a) and (b) are advisory only.

Sec. 8. (1) Before approving a proposed municipal plan, the

municipal planning commission shall hold not less than 1 public

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

expiration of the deadline for comment under section ~~7b(5)~~ 7b(4).

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

the public hearing not less than 15 days before the hearing by 1

publication in a newspaper of general circulation in the

municipality and in the official gazette, if any, of the

municipality. The planning commission shall also submit notice to

each entity described in section 7a(2).

(2) The approval of the plan shall be by resolution of the

planning commission carried by the affirmative votes of not less

than 2/3 of the members of the planning commission. The resolution

shall refer expressly to the maps and descriptive and other matter

intended by the planning commission to form the ~~whole~~ plan or

part of the plan, and the action taken shall be recorded on the map

and plan and descriptive matter and signed by the chairperson or

the secretary of the planning commission. Following approval of the

proposed plan by the municipal planning commission, the secretary

of the planning commission shall submit a copy of the proposed plan

to the legislative body of the municipality.

(3) Approval of the plan by the planning commission under

subsection (2) is the final step for adoption of the plan, unless

the legislative body by resolution has asserted the right to

approve or reject the plan. In that case, after approval of the

plan by the planning commission, the legislative body shall approve

or reject the plan.

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

legislative body shall submit to the planning commission a

statement of its objections to the proposed plan. The planning

commission shall consider the legislative body's objections and

revise the proposed plan so as to address those objections. The

procedures provided in subsections (1) to (3) and this subsection

shall be repeated until a proposed plan is approved by the

legislative body.

(5) Upon final adoption of the plan, copies of the adopted

plan shall be submitted in the same manner as provided for

submitting copies of the proposed plan under section 7b(3).

Sec. 8a. (1) An extension, addition, revision, or other

amendment to a municipal plan shall be adopted under the same

procedure as a plan or a successive part of a plan under sections

7a, 7b, and 8. However, for an amendment other than a revision of

the plan, ~~both of the following apply:~~

~~(a) The 65-day~~ the 63-day period otherwise provided for in

section 7b(4) shall be 40 days.

~~(b) The 75- to 95-day period otherwise provided for in section~~

~~7b(5) shall be 55 to 75 days.~~

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

planning commission shall review the plan and determine whether to

commence the procedure to amend the plan or adopt a new plan.

(3) Until ~~1 year after the effective date of the 2001~~

~~amendments that added this subsection~~ January 9, 2003, a

municipality may adopt a plan or an extension, addition, revision,

or other amendment to a plan under the procedures provided for by

this act ~~immediately before the effective date of the 2001~~

~~amendments that added this subsection~~ that were in effect on

January 8, 2003.