November 14, 2006, Introduced by Rep. Kolb and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
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 section 7b (MCL 125.37b), as added 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.
(c) The county planning commission, or if there is no county
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 or, if there is no county planning
commission, 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 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) may
submit comments on the proposed plan to the municipal 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
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), 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 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.
(6) The statements provided for in subsection (5)(a) and (b)
are advisory only.
(7) If a planning commission, legislative body, or other
government entity submits comments on a proposed plan to the
municipal planning commission under this section, the municipal
planning commission, before approving the proposed plan, shall
submit to that commenting government entity a specific response to
its comments. The secretary of the municipal planning commission
shall incorporate each commenting government entity's comments and
the municipal planning commission's responses under this section
into an appendix to the plan, as proposed and as finally adopted.