March 16, 2006, Introduced by Reps. Stakoe, Amos and Huizenga and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1959 PA 168, entitled
"An act to provide for township planning; for the creation,
organization, powers and duties of township planning commissions;
for the regulation and subdivision of land; and to prescribe
penalties and provide remedies,"
by amending sections 7b, 8, and 9 (MCL 125.327b, 125.328, and
125.329), section 7b as added and sections 8 and 9 as amended by
2001 PA 263.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7b. (1) A plan may be adopted as a whole or by successive
parts corresponding with major geographical areas of the township
or with functional subject matter areas of the plan.
(2) After preparing a proposed plan, the township planning
commission shall submit the proposed plan to the township board for
review and comment.
(3) If the township board approves the distribution of the
proposed plan, it shall notify the secretary of the planning
commission
and the secretary of the township planning commission
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 township.
(b) The regional planning commission, if any, for the region
in which the township is located, if there is no county planning
commission for the county in which the township is located. If
there is a county planning commission for the county in which the
township is located, the secretary of the township planning
commission may submit a copy of the proposed plan to the regional
planning commission but is not required to do so.
(c) The county planning commission, or if there is no county
planning commission, the county board of commissioners, for the
county in which the township is located. The secretary of the
township 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 township, and any
government entity, that registers its name and address for this
purpose with the secretary of the township 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 township for any copying and postage costs thereby
incurred by the township.
(4)
An entity described in subsection
(3)(a), (b), or (d)
(3) may submit comments on the proposed plan to the township
planning commission within 65 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
township
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 township planning commission its
comments
on the proposed basic plan. The comments that receives a
copy of the 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 basic 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 basic plan, the
township planning commission shall hold a 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 township
planning commission shall publish notice of the hearing twice in a
newspaper of general circulation in the township. The first
publication shall be not more than 30 days or less than 20 days
before the date of the hearing. The second publication shall be not
more than 8 days before the date of the hearing.
(2) At or after the hearing under subsection (1), the township
planning commission may approve the proposed plan by majority vote
of its membership. Following approval of the proposed plan by the
township planning commission, the secretary of the planning
commission shall submit a copy of the proposed plan to the township
board.
(3) Approval of the plan by the planning commission under
subsection (2) is the final step for adoption of the plan, unless
the township board 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 township board shall approve or reject the
plan.
(4) If the township board rejects the proposed plan, the
township board shall submit to the planning commission a statement
of its objections to the proposed plan. The planning commission
shall consider the township board'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 township board.
(5) The plan is effective upon final adoption. 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. 9. (1) An extension, addition, revision, or other
amendment to a basic 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 the 65-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 township
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.
(4) The planning commission shall promote public understanding
of and interest in the plan, shall publish and distribute copies of
the plan and of any report, and may employ such other means of
publicity and education as it determines necessary.