HOUSE BILL No. 5038 July 12, 2001, Introduced by Reps. Ruth Johnson, Birkholz and Kolb and referred to the Committee on Land Use and Environment. 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 pen- alties and provide remedies," by amending sections 6 and 9 (MCL 125.326 and 125.329), section 6 as amended by 1987 PA 73 and section 9 as amended by 1999 PA 197, and by adding section 7a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) The planning commission shall make and adopt a 2 basic plan as a guide for the development of unincorporated por- 3 tions of the township. As a basis for the plan, the planning 4 commission may do any of the following: 5 (a) Make inquiries, investigations, and surveys of all the 6 resources of the township. 04036'01 * TMV 2 1 (b) Assemble and analyze data and formulate plans for the 2 proper conservation and uses of all resources, including a 3 determination of the extent of probable future need for the most 4 advantageous designation of lands having various use potentials 5 and for services, facilities, and utilities required to equip 6 those lands. 7 (2) The TOWNSHIP planning commission shall consult, in 8 respect to its planning, withrepresentatives of adjacent town-9ships; with the county planning commission, if any; with any rep-10resentatives of incorporated municipalities within the township;11and with the regional planning commission, if any.ALL OF THE 12 FOLLOWING: 13 (A) THE PLANNING COMMISSION OR, IF THERE IS NO PLANNING COM- 14 MISSION, THE BOARD OF COMMISSIONERS FOR THE COUNTY IN WHICH THE 15 TOWNSHIP IS LOCATED. 16 (B) THE PLANNING COMMISSION OR, IF THERE IS NO PLANNING COM- 17 MISSION, THE LEGISLATIVE BODY OF EACH TOWNSHIP, CITY, OR VILLAGE 18 LOCATED WITHIN OR CONTIGUOUS TO THE TOWNSHIP. 19 (C) THE REGIONAL PLANNING COMMISSION FOR THE REGION IN WHICH 20 THE TOWNSHIP IS LOCATED. 21 (3) The TOWNSHIP planning commission may make use of expert 22 advice and information which may be furnished by appropriate fed- 23 eral, state, county, and municipal officials, departments, and 24 agencies having information, maps, and data pertinent to township 25 planning. State, regional, county, and municipal officials, 26 departments, and agencies shall make available public information 27 for the use of township planning commissions and may furnish such 04036'01 * 3 1 other technical assistance and advice as they may have for 2 planning purposes. 3 (4)(3)In addition to the basic plan provided in subsec- 4 tion (1), by a majority vote of the members, the planning commis- 5 sion may adopt a plan for a geographic area less than the entire 6 unincorporated area of the township if, because of the unique 7 physical characteristics of that area, more intensive planning is 8 necessary for the purposes set forth in section 2. Before adop- 9 tion of a plan under this subsection, the planning commission 10 shall hold at least 1 public hearing on the plan after giving 11 notice as provided in section 9. 12 (5)(4)After adoption of a plan under this section, a 13 site plan for a property located in the plan area that is 14 required to be submitted under section 16e of the township rural 15 zoning act,Act No. 184 of the Public Acts of 1943, being sec-16tion 125.286e of the Michigan Compiled Laws1943 PA 184, 17 MCL 125.286E, shall comply with the plan adopted under this 18 section. 19 (6)(5)The purpose ofthis amendatory act isTHE 1987 20 AMENDMENTS TO THIS SECTION WAS to clarify the authority of a 21 planning commission, whichisWAS implied from the language of 22 this act, butwhich isWAS not specifically set forth in this 23 act. 24 SEC. 7A. (1) THE TOWNSHIP PLANNING COMMISSION SHALL MAIL A 25 COPY OF A PROPOSED BASIC PLAN BY FIRST-CLASS MAIL, FOR COMMENT, 26 TO THE PLANNING COMMISSION OR, IF THERE IS NO PLANNING 27 COMMISSION, THE COUNTY BOARD OF COMMISSIONERS FOR THE COUNTY IN 04036'01 * 4 1 WHICH THE TOWNSHIP IS LOCATED. THE SECRETARY OF THE COUNTY 2 PLANNING COMMISSION OR, IF THERE IS NO COUNTY PLANNING COMMIS- 3 SION, THE CLERK FOR THE COUNTY BOARD OF COMMISSIONERS SHALL 4 PROMPTLY MAIL A COPY OF THE PROPOSED BASIC PLAN BY FIRST-CLASS 5 MAIL TO BOTH OF THE FOLLOWING: 6 (A) THE PLANNING COMMISSION OR, IF THERE IS NO PLANNING COM- 7 MISSION, THE LEGISLATIVE BODY OF EACH CITY, VILLAGE, OR TOWNSHIP 8 LOCATED WITHIN OR CONTIGUOUS TO THE TOWNSHIP. 9 (B) THE REGIONAL PLANNING COMMISSION, IF ANY, FOR THE REGION 10 IN WHICH THE TOWNSHIP IS LOCATED. 11 (2) IF A PLANNING COMMISSION OR LEGISLATIVE BODY DESCRIBED 12 IN SUBSECTION (1)(A) OR (B) SUBMITS WRITTEN COMMENTS ON THE PRO- 13 POSED PLAN TO THE TOWNSHIP PLANNING COMMISSION, THE PLANNING COM- 14 MISSION OR LEGISLATIVE BODY DESCRIBED IN SUBSECTION (1)(A) OR (B) 15 SHALL ALSO SUBMIT A COPY OF THE WRITTEN COMMENTS TO THE COUNTY 16 PLANNING COMMISSION OR, IF THERE IS NO COUNTY PLANNING COMMIS- 17 SION, THE COUNTY BOARD OF COMMISSIONERS FOR THE COUNTY IN WHICH 18 THE TOWNSHIP PROPOSING THE PLAN IS LOCATED. 19 (3) NOT LESS THAN 45 DAYS OR MORE THAN 75 DAYS AFTER THE 20 DATE THE PROPOSED BASIC PLAN WAS MAILED TO THE COUNTY PLANNING 21 COMMISSION OR THE COUNTY BOARD OF COMMISSIONERS UNDER SUBSECTION 22 (1), THE COUNTY PLANNING COMMISSION OR THE COUNTY BOARD OF COM- 23 MISSIONERS, RESPECTIVELY, SHALL MAIL TO THE TOWNSHIP PLANNING 24 COMMISSION BY FIRST-CLASS MAIL ITS COMMENTS ON THE PROPOSED BASIC 25 PLAN. THE COMMENTS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, 26 BOTH OF THE FOLLOWING, AS APPLICABLE: 04036'01 * 5 1 (A) A STATEMENT WHETHER THE COUNTY PLANNING COMMISSION OR 2 COUNTY BOARD OF COMMISSIONERS, AFTER CONSIDERING ANY COMMENTS 3 RECEIVED UNDER SUBSECTION (2), CONSIDERS THE PROPOSED BASIC PLAN 4 TO BE INCONSISTENT WITH THE PLAN OF ANY CITY, VILLAGE, OR TOWN- 5 SHIP, OR REGION DESCRIBED IN SUBSECTION (1). 6 (B) IF THE COUNTY HAS A PLAN, A STATEMENT WHETHER THE COUNTY 7 PLANNING COMMISSION CONSIDERS THE PROPOSED BASIC PLAN TO BE 8 INCONSISTENT WITH THE COUNTY PLAN. 9 Sec. 9. (1) Before the adoption ofthe plan or any part,10amendment, extension, or addition to theA BASIC PLAN, A PART OF 11 THE BASIC PLAN, OR AN EXTENSION, ADDITION, OR OTHER AMENDMENT TO 12 THE BASIC plan, the planning commission shall holdat least 1A 13 public hearing thereon.Notice of the hearing shall be given by142 publicationsTHE PLANNING COMMISSION SHALL GIVE NOTICE OF THE 15 HEARING BY PUBLISHING 2 NOTICES in a newspaper of general circu- 16 lation in the township., the firstTHE FIRST NOTICE SHALL BE 17 PUBLISHED not more than 30 days or less than 20 daysand the18secondBEFORE THE DATE OF THE HEARING. THE SECOND NOTICE SHALL 19 BE PUBLISHED not more than 8 days before the date of the 20 hearing. 21 (2) Following the adoption of the basic plan,or any part22thereofA PART OF THE BASIC PLAN, OR AN AMENDMENT TO THE BASIC 23 PLAN by the planning commission, the planning commission shall 24 transmit copies of the BASIC plan tothe township board and to25the county planning commission of the county of which the town-26ship is a part, or, if there is no county planning commission, to04036'01 * 6 1the regional planning commission that is exercising planning2jurisdiction over the township.EACH OF THE FOLLOWING: 3 (A) THE TOWNSHIP BOARD. 4 (B) THE PLANNING COMMISSION OR, IF THERE IS NO PLANNING COM- 5 MISSION, THE COUNTY BOARD OF COMMISSIONERS FOR THE COUNTY IN 6 WHICH THE TOWNSHIP IS LOCATED. THE SECRETARY OF THE COUNTY PLAN- 7 NING COMMISSION OR, IF THERE IS NO COUNTY PLANNING COMMISSION, 8 THE CLERK OF THE COUNTY BOARD OF COMMISSIONERS SHALL TRANSMIT A 9 COPY OF THE BASIC PLAN TO BOTH OF THE FOLLOWING: 10 (i) THE PLANNING COMMISSION OR, IF THERE IS NO PLANNING COM- 11 MISSION, THE LEGISLATIVE BODY OF EACH CITY, VILLAGE, OR TOWNSHIP 12 LOCATED WITHIN OR CONTIGUOUS TO THE TOWNSHIP. 13 (ii) THE REGIONAL PLANNING COMMISSION, IF ANY, FOR THE 14 REGION IN WHICH THE TOWNSHIP IS LOCATED. 04036'01 * Final page. TMV