HOUSE BILL No. 5252


     October 17, 2001, Introduced by Reps. Koetje and Raczkowski and referred to the Committee on Land Use and Environment.


        A bill to amend 1945 PA 282, entitled

   "An act to provide for county planning; the creation, organiza-
   tion, powers and duties of county planning commissions,"

   by amending sections 4 and 5 (MCL 125.104 and 125.105) and by

   adding section 4b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 4.  (1)  It shall be a function of the  THE county

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      planning commission  to make  SHALL MAKE AND ADOPT a plan for the

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      development of the county.  , which  THE COUNTY plan may include

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      planning in cooperation with the constituted authorities for

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      incorporated areas in whole or to the extent to which, in the

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      PLANNING commission's judgment, they are related to the planning

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      of the unincorporated territory or of the county as a whole.  The

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      plan with accompanying maps, plats, charts, and all pertinent and

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      descriptive explanatory matter shall show the planning



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      commission's recommendations for the development of the county.

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      In the preparation of a county development plan, the planning

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      commission shall make careful and comprehensive studies of the

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      existing conditions and probable growth of the territory within

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      its jurisdiction.   Such  THE plan shall be made with the purpose

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      of guiding and accomplishing a coordinated, adjusted, and harmo-

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      nious development of the county  which  THAT will be in accord-

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      ance with present and future needs for best promoting the health,

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      safety, morals, order, convenience, prosperity, and general wel-

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      fare of the  inhabitants  RESIDENTS, as well as for efficiency

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      and economy in the process of development.   It shall be the duty

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      of the

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           (2) THE county planning commission  to:  (1) make  SHALL DO

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      ALL OF THE FOLLOWING:

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           (A) CONDUCT studies, investigations, and surveys relative to

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      the economic, social, and physical development of the county.  ;

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      (2) formulate

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           (B) FORMULATE plans and make recommendations for the most

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      effective economic, social, and physical development of the

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      county.  ; (3) cooperate

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           (C) COOPERATE with all departments of the state and federal

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      governments and other public agencies concerned with programs

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       directed towards  FOR the economic, social, and physical devel-

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      opment of the county  ,  and seek the maximum coordination of the

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      county programs of these agencies.  ; (4) consult







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           (D) CONSULT with representatives of adjacent counties in

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      respect to their planning so that conflicts in  over-all  OVERALL

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      county plans may be avoided.

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           (3) THE COUNTY PLANNING COMMISSION SHALL CONSULT, IN RESPECT

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      TO ITS PLANNING, WITH BOTH OF THE FOLLOWING:

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           (A) THE PLANNING COMMISSION, OR IF THERE IS NO PLANNING COM-

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      MISSION, THE LEGISLATIVE BODY, OF EACH CITY, VILLAGE, TOWNSHIP,

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      OR COUNTY LOCATED WITHIN OR CONTIGUOUS TO THE COUNTY OF THE CON-

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      SULTING COUNTY PLANNING COMMISSION.

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           (B) THE REGIONAL PLANNING COMMISSION FOR THE REGION IN WHICH

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      THE COUNTY IS LOCATED.

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           (4) The county planning commission may serve as a coordinat-

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      ing agency for all planning committees and commissions within the

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      county.

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           SEC. 4B.  (1) A COUNTY PLAN SHALL BE ADOPTED UNDER THE PRO-

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      CEDURES SET FORTH IN THIS SECTION AND SECTION 5.  THE PLAN MAY BE

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      ADOPTED AS A WHOLE OR BY SUCCESSIVE PARTS CORRESPONDING WITH

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      MAJOR GEOGRAPHICAL AREAS OF THE COUNTY OR WITH FUNCTIONAL SUBJECT

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      MATTER AREAS OF THE COUNTY PLAN.

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           (2) AFTER PREPARING A PROPOSED PLAN, THE COUNTY PLANNING

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      COMMISSION SHALL SUBMIT THE PROPOSED PLAN TO THE COUNTY BOARD OF

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      COMMISSIONERS FOR REVIEW AND COMMENT.

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           (3) AFTER THE COUNTY BOARD OF COMMISSIONERS REVIEWS AND COM-

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      MENTS ON THE PROPOSED PLAN UNDER SUBSECTION (2), THE COUNTY PLAN-

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      NING COMMISSION SHALL MAIL A COPY OF THE PROPOSED PLAN BY

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      FIRST-CLASS MAIL, FOR REVIEW AND COMMENT, TO BOTH OF THE

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      FOLLOWING:



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           (A) THE PLANNING COMMISSION, OR IF THERE IS NO PLANNING

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      COMMISSION, THE LEGISLATIVE BODY, OF EACH CITY, VILLAGE, TOWN-

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      SHIP, OR COUNTY LOCATED WITHIN OR CONTIGUOUS TO THE COUNTY.

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           (B) THE REGIONAL PLANNING COMMISSION, IF ANY, FOR THE REGION

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      IN WHICH THE COUNTY IS LOCATED.

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           (4) A PLANNING COMMISSION OR LEGISLATIVE BODY DESCRIBED IN

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      SUBSECTION (3)(A) OR (B) MAY SUBMIT WRITTEN COMMENTS ON THE PRO-

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      POSED PLAN TO THE COUNTY PLANNING COMMISSION WITHIN 40 DAYS AFTER

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      THE PROPOSED PLAN WAS MAILED UNDER SUBSECTION (3).  THE COMMENTS

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      OF A PLANNING COMMISSION DESCRIBED IN SUBSECTION (3)(A) OR (B)

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      SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A STATEMENT WHETHER

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      THAT PLANNING COMMISSION CONSIDERS THE PROPOSED COUNTY PLAN TO BE

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      INCONSISTENT WITH THE PLAN, IF ANY, OF THE CITY, VILLAGE, TOWN-

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      SHIP, COUNTY, OR REGION SERVED BY THAT PLANNING COMMISSION.

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           Sec. 5.  (1)  It shall be the duty of the county planning

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      commission to adopt a plan for the development of the county.

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      The  A county plan with accompanying maps, plats, charts, and

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      descriptive and explanatory matter shall show the COUNTY PLANNING

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      commission's recommendations for the development of the county.

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       The county planning commission may adopt the plan as a whole by

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      a single resolution, or may by successive resolutions adopt suc-

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      cessive parts of the plan, said parts corresponding to major geo-

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      graphical sections of the county or to functional divisions of

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      the subject matter of the plan, and may adopt any amendment or

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      extension thereof or addition thereto.  The adoption of the plan,

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      or of any such part, amendment, extension, or addition, shall by

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      resolution be carried by the affirmative votes of not less than



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           (2) THE COUNTY PLANNING COMMISSION SHALL ADOPT THE PLAN BY A

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      RESOLUTION APPROVED BY a majority of the full membership of the

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      PLANNING commission after  duly advertised  A public hearing.

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      The resolution shall refer expressly to the maps, plats, charts,

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      and descriptive and explanatory matter intended by the PLANNING

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      commission to form the whole or part of the plan, and the action

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      taken shall be recorded on the maps, plats, charts, and descrip-

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      tive and explanatory matter  by the identifying signature of the

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      chairman  AND SIGNED BY THE CHAIRPERSON of the PLANNING

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      commission.

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           (3) FOLLOWING ADOPTION OF THE PLAN BY THE COUNTY PLANNING

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      COMMISSION, THE COUNTY PLANNING COMMISSION SHALL PROMPTLY MAIL

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      COPIES OF THE PLAN BY FIRST-CLASS MAIL TO EACH PLANNING COMMIS-

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      SION OR LEGISLATIVE BODY THAT WAS ENTITLED TO RECEIVE A COPY OF

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      THE PROPOSED PLAN UNDER SECTION 4B(3).

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           (4) FOLLOWING THE ADOPTION OF THE PLAN BY THE COUNTY PLAN-

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      NING COMMISSION, THE COUNTY PLANNING COMMISSION SHALL ALSO TRANS-

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      MIT A NOTICE OF ADOPTION OF THE PLAN AND A COPY OF THE PLAN TO

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      THE COUNTY BOARD OF COMMISSIONERS.

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           (5) AN EXTENSION, ADDITION, OR OTHER AMENDMENT TO A PLAN

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      SHALL BE ADOPTED UNDER THE SAME PROCEDURE AS A PLAN OR A SUCCES-

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      SIVE PART OF A PLAN UNDER SECTION 4B AND THIS SECTION.

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           (6) Following adoption of the county plan or any part

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       thereof  OF A COUNTY PLAN and the certification by the COUNTY

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      PLANNING commission to the county board of  supervisors

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      COMMISSIONERS of a copy of the  county  plan,  no  work shall
   NOT

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      be initiated on any project involving the expenditure of funds by



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      a county board, department, or agency for the acquisition of

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      land, the erection of structures, the extension, construction, or

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      improvement of any physical facility by any county board,

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      department, or agency unless a full description of the project,

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      INCLUDING, BUT NOT LIMITED TO, its proposed location and extent,

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       thereof shall have  HAS been submitted to the county planning

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      commission and the report and advice of the PLANNING commission

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       thereon shall have  HAS been received by the county board of

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       supervisors  COMMISSIONERS and by the county board, department,

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      or agency submitting the proposal.  The requirement for planning

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      commission's review  shall be deemed to be  IS waived if within

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      30 days after the proposal has been filed with the PLANNING com-

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      mission, the PLANNING commission fails to furnish in writing  ,

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      its report and advice upon the proposal.   Copies of said  THE

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      PLANNING COMMISSION SHALL PROVIDE COPIES OF THE report and advice

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       shall be furnished  to the county board, department, or agency

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      sponsoring the proposal.

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           (7)  Any  A COUNTY plan describing the recommended develop-

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      ment of an incorporated area shall not be recognized as THE offi-

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      cial plan or part of the official plan for that area unless

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      adopted by the municipality in the manner prescribed BY LAW OR

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      CHARTER for the adoption of such plans by municipalities.  under

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      the provisions of the state statutes or the local charter.











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