House Introduced Bill 5267

HOUSE BILL No. 5267

October 17, 2001, Introduced by Reps. Birkholz and Ruth Johnson and referred to the Committee on 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 commis-
sions; the regulation and subdivision of land; and to provide
penalties for violation of the provisions of this act,"

by amending sections 6, 7, and 8 (MCL 125.36, 125.37, and

125.38), section 8 as amended by 1999 PA 14, and by adding sec-

tions 7a and 8a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 6. (1) The PLANNING commission shall make and adopt a

2
master plan for the physical development of the municipality,

3
including any areas outside of its boundaries which, in the

4
commission's judgment, bear relation to the planning of the

5
municipality.

6
(2) The MASTER plan, with the accompanying maps, plats,

7
charts, and descriptive matter shall show the commission's

04988'01 TMV 2

1
recommendations for the development of the territory, including,

2
among other things, the BUT NOT LIMITED TO, ALL OF THE

3
FOLLOWING:

4
(A) THE general location, character, and extent of streets,

5
viaducts, subways, bridges, waterways, flood plains, water

6
fronts, boulevards, parkways, playgrounds, and open spaces. ,

7
the

8
(B) THE general location of public buildings and other

9
public property. , and the

10
(C) THE general location and extent of public utilities and

11
terminals, whether publicly or privately owned or operated, for

12
water, light, sanitation, transportation, communication, power,

13
and other purposes. ; also the

14
(D) THE removal, relocation, widening, narrowing, vacating,

15
abandonment, change of use, or extension of any of the

16
foregoing ways, grounds, open spaces, buildings, property,

17
utilities, or terminals ; the DESCRIBED IN SUBDIVISION (A),

18
(B), OR (C).

19
(E) THE general location, character, layout, and extent of

20
community centers and neighborhood units. ; and the

21
(F) THE general character, extent, and layout of the replan-

22
ning and redevelopment of blighted districts and slum areas. ;

23
as well as a

24
(G) A zoning plan for the control of the height, area, bulk,

25
location, and use of buildings and premises. As the work of

26
making the whole master plan progresses, the commission from time

27
to time may adopt and publish parts thereof, any such part to

04988'01 3

1
cover 1 or more major sections or divisions of the municipality

2
or 1 or more of the aforesaid or other functional matters to be

3
included in the plan. The commission from time to time may

4
amend, extend, or add to the plan.

5
Sec. 7. (1) In the preparation of such THE MASTER plan,

6
the PLANNING commission shall make careful and comprehensive sur-

7
veys and studies of present conditions and future growth of the

8
municipality, and with due regard to its relation to the neigh-

9
boring territory. The MASTER plan shall be made with the general

10
purpose of guiding and accomplishing a coordinated, adjusted, and

11
harmonious development of the municipality and its environs

12
which will, in accordance with THAT, CONSIDERING present and

13
future needs, WILL best promote health, safety, morals, order,

14
convenience, prosperity, and general welfare, as well as effi-

15
ciency and economy in the process of development. ; including,

16
among other things, adequate THE MASTER PLAN SHALL INCLUDE, BUT

17
NEED NOT BE LIMITED TO, ALL OF THE FOLLOWING:

18
(A) ADEQUATE provision for traffic. , the

19
(B) THE promotion of safety from fire and other dangers. ,

20
adequate

21
(C) ADEQUATE provision for light and air. , the

22
(D) THE promotion of the healthful and convenient distribu-

23
tion of population. , the

24
(E) THE promotion of good civic design and arrangement. ,

25
wise

26
(F) WISE and efficient expenditure of public funds. , and

27
the adequate

04988'01 4

1
(G) ADEQUATE provision of public utilities and other public

2
requirements.

3
(2) THE MUNICIPAL PLANNING COMMISSION SHALL CONSULT, IN

4
RESPECT TO ITS PLANNING, WITH THE PLANNING COMMISSION, OR IF

5
THERE IS NO PLANNING COMMISSION, THE LEGISLATIVE BODY, OF EACH

6
CITY, VILLAGE, TOWNSHIP, OR COUNTY LOCATED WITHIN OR CONTIGUOUS

7
TO THE COUNTY OF THE CONSULTING MUNICIPAL PLANNING COMMISSION.

8
THE MUNICIPAL PLANNING COMMISSION MAY CONSULT, IN RESPECT TO ITS

9
PLANNING, WITH THE REGIONAL PLANNING COMMISSION FOR THE REGION IN

10
WHICH THE MUNICIPALITY IS LOCATED.

11
SEC. 7A. (1) A MASTER PLAN FOR A MUNICIPALITY SHALL BE

12
ADOPTED UNDER THE PROCEDURES SET FORTH IN THIS SECTION AND SEC-

13
TION 8. THE MASTER PLAN MAY BE ADOPTED AS A WHOLE OR BY SUCCES-

14
SIVE PARTS CORRESPONDING WITH MAJOR GEOGRAPHICAL AREAS OF THE

15
MUNICIPALITY OR WITH FUNCTIONAL SUBJECT MATTER AREAS OF THE

16
MASTER PLAN.

17
(2) AFTER PREPARING A PROPOSED MASTER PLAN, THE MUNICIPAL

18
PLANNING COMMISSION SHALL SUBMIT THE PROPOSED PLAN TO THE LEGIS-

19
LATIVE BODY OF THE MUNICIPALITY FOR REVIEW AND COMMENT.

20
(3) AFTER THE LEGISLATIVE BODY REVIEWS AND COMMENTS ON THE

21
PROPOSED MASTER PLAN UNDER SUBSECTION (2), THE MUNICIPAL PLANNING

22
COMMISSION SHALL MAIL A COPY OF THE PROPOSED MASTER PLAN BY

23
FIRST-CLASS MAIL, FOR REVIEW AND COMMENT, TO THE PLANNING COMMIS-

24
SION, OR IF THERE IS NO PLANNING COMMISSION, THE LEGISLATIVE

25
BODY, OF EACH CITY, VILLAGE, TOWNSHIP, OR COUNTY LOCATED WITHIN

26
OR CONTIGUOUS TO THE MUNICIPALITY. THE MUNICIPAL PLANNING

27
COMMISSION MAY MAIL A COPY OF THE PROPOSED PLAN BY FIRST-CLASS

04988'01 5

1
MAIL, FOR REVIEW AND COMMENT, TO THE REGIONAL PLANNING

2
COMMISSION, IF ANY, FOR THE REGION IN WHICH THE MUNICIPALITY IS

3
LOCATED.

4
(4) A PLANNING COMMISSION OR LEGISLATIVE BODY DESCRIBED IN

5
SUBSECTION (3) MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED MASTER

6
PLAN TO THE MUNICIPAL PLANNING COMMISSION WITHIN 40 DAYS AFTER

7
THE PROPOSED MASTER PLAN WAS MAILED UNDER SUBSECTION (3). THE

8
COMMENTS OF A PLANNING COMMISSION DESCRIBED IN SUBSECTION (3)

9
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A STATEMENT WHETHER

10
THAT PLANNING COMMISSION CONSIDERS THE PROPOSED MASTER PLAN TO BE

11
INCONSISTENT WITH THE PLAN, IF ANY, OF THE CITY, VILLAGE, TOWN-

12
SHIP, COUNTY, OR REGION SERVED BY THAT PLANNING COMMISSION.

13
Sec. 8. (1) The commission may adopt the plan as a whole

14
by a single resolution. The commission may by successive resolu-

15
tions adopt successive parts of the plan corresponding with major

16
geographical sections or divisions of the municipality or with

17
functional subdivisions of the subject matter of the plan. The

18
commission may adopt any amendment or extension of the plan or

19
addition to the plan.

20
(1) (2) Before the adoption of the A MASTER plan,
or

21
any part, amendment, extension, or addition to the plan, the

22
MUNICIPAL PLANNING commission shall hold not less than 1 public

23
hearing. Notice THE PLANNING COMMISSION SHALL GIVE NOTICE of

24
the time and place of the public hearing shall be given not

25
less than 15 days prior to BEFORE the hearing by 1 publication

26
in a newspaper of general circulation in the municipality and in

27
the official gazette, if any, of the municipality. , and THE

04988'01 6

1
PLANNING COMMISSION SHALL ALSO GIVE NOTICE by registered United

2
States mail to each public utility company and to each railroad

3
company owning or operating any public utility or railroad within

4
the geographical sections or divisions of the municipality

5
affected.

6
(2) (3) The adoption of the MASTER plan or any part,

7
amendment, extension, or addition to the plan shall be by reso-

8
lution of the PLANNING commission carried by the affirmative

9
votes of not less than 2/3 of the members of the PLANNING

10
commission. The resolution shall refer expressly to the maps and

11
descriptive and other matter intended by the PLANNING commission

12
to form the whole or part of the MASTER plan, and the action

13
taken shall be recorded on the map and plan and descriptive

14
matter by the identifying signature of AND SIGNED BY the chair-

15
person or the secretary of the PLANNING commission.

16
(4) An attested copy of the plan or part of the plan shall

17
be certified to the council and to the county register of deeds.

18
(3) FOLLOWING ADOPTION OF THE MASTER PLAN BY THE MUNICIPAL

19
PLANNING COMMISSION, THE MUNICIPAL PLANNING COMMISSION SHALL

20
PROMPTLY MAIL COPIES OF THE MASTER PLAN BY FIRST-CLASS MAIL TO

21
EACH PLANNING COMMISSION OR LEGISLATIVE BODY THAT WAS ENTITLED TO

22
RECEIVE OR DID RECEIVE A COPY OF THE PROPOSED PLAN UNDER SECTION

23
7A(3).

24
(4) FOLLOWING THE ADOPTION OF THE MASTER PLAN BY THE MUNICI-

25
PAL PLANNING COMMISSION, THE MUNICIPAL PLANNING COMMISSION SHALL

26
ALSO TRANSMIT A NOTICE OF ADOPTION OF THE MASTER PLAN AND A COPY

27
OF THE MASTER PLAN TO THE LEGISLATIVE BODY OF THE MUNICIPALITY.

04988'01 7

1
SEC. 8A. AN EXTENSION, ADDITION, OR OTHER AMENDMENT TO A

2
MASTER PLAN SHALL BE ADOPTED UNDER THE SAME PROCEDURE AS A MASTER

3
PLAN OR A SUCCESSIVE PART OF A MASTER PLAN UNDER SECTIONS 7A AND

4
8.

04988'01 Final page. TMV