SB-0115, As Passed Senate, May 6, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 115

     A bill to amend 2003 PA 226, entitled

"Joint municipal planning act,"

by amending the title and sections 3, 5, and 7 (MCL 125.133,

125.135, and 125.137).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to provide for joint land use planning and the joint

exercise of certain zoning powers and duties zoning by local units

of government; and to provide for the establishment, powers, and

duties of joint planning commissions and zoning boards of appeals.

     Sec. 3. As used in this act:

     (a) "Municipality" means a city, village, or township.

     (b) "Participating" means, with respect to a municipality,

that the municipality is a member of a joint planning commission.

     (c) "Planning act" means either of the following acts:

     (i) 1931 PA 285, MCL 125.31 to 125.45, if a city or village is

a participating municipality or a township whose planning

commission was created under that act is a participating

municipality.

     (ii) 1959 PA 168, MCL 125.321 to 125.333, if a township whose

planning commission was created under that act is a participating

municipality.

(c) (d) "Registered elector of the municipality" means a

registered elector residing in the municipality or, if the

municipality is a township, a registered elector residing in the

portion of the township outside the limits of cities and villages

any village.

     (e) "Zoning act" means either of the following:

     (i) The city and village zoning act, 1921 PA 207, MCL 125.581

to 125.600, if a city or village is a participating municipality.

     (ii) The township zoning act, 1943 PA 184, MCL 125.271 to

125.310, if a township is a participating municipality.

     Sec. 5. (1) Subject to section 9, the legislative bodies of 2

or more municipalities may each adopt an ordinance approving an

agreement establishing a joint planning commission. The agreement

shall specify at least all of the following:

     (a) The composition of the joint planning commission,

including any alternate members.

     (b) The qualifications, the selection by election or

appointment, and the terms of office of members of the joint

planning commission.

     (c) Conditions and procedures for removal from office of

members of the joint planning commission and for filling vacancies

in the joint planning commission.

     (d) How the operating budget of the joint planning commission

will be shared by the participating municipalities.

     (e) The jurisdictional area of the joint planning commission,

which may consist of all or part of the combined territory of the

participating municipalities.

     (f) Procedures by which a municipality may join or withdraw

from the joint planning commission.

     (g) The planning act whose procedure will be followed by the

joint planning commission in adopting a plan or exercising any

other power or performing any other duty of a planning commission.

The planning act shall be a planning act that would otherwise be

applicable to at least 1 participating municipality. For situations

in which the powers, duties, or procedures of a planning commission

under the Michigan planning enabling act, 2008 PA 33, MCL 125.3801

to 125.3885, depend on whether the municipality is (i) a township

that on September 1, 2008 had a planning commission created under

former 1931 PA 285, (ii) a township that did not on September 1,

2008, have a planning commission created under former 1931 PA 285,

or (iii) a city or village -- a designation of which of these 3

categories of municipalities' powers, duties, and procedures will

be applicable to the joint planning commission. A category of

municipality shall not be designated under this subdivision unless

at least 1 of the participating municipalities falls within that

category.

     (h) The zoning act whose procedure will be followed by the

joint planning commission in exercising the powers and performing

the duties of a zoning board or zoning commission. The zoning act

shall be a zoning act that would otherwise be applicable to at

least 1 participating municipality. For situations in which the

powers, duties, or procedures under the Michigan zoning enabling

act, 2006 PA 110, MCL 125.3101 to 125.3702, applicable to a

planning commission depend on whether the municipality is a

township or is a city or village, a designation either that the

powers, duties, and procedures applicable to a township will be

followed by the joint planning commission or that the powers,

duties, and procedures applicable to a city or village will be

followed by the joint planning commission. Powers, duties, and

procedures applicable to a township shall not be designated unless

at least 1 of the participating municipalities is a township.

Powers, duties, and procedures applicable to a city or village

shall not be designated unless at least 1 of the participating

municipalities is a city or village.

     (i) Any additional provision concerning the powers or duties

of a zoning board or zoning commission that the zoning act

specified pursuant to subdivision (h) Michigan zoning enabling act,

2006 PA 110, MCL 125.3101 to 125.3702, authorizes to be set forth

in a zoning ordinance and that is agreed to by the participating

municipalities.

     (j) The effective date of the agreement.

     (2) The agreement may provide for the phased transfer to the

joint planning commission of the powers and duties of existing

planning commissions or zoning boards or zoning commissions under

section 7.

     Sec. 7. (1) All Subject to section 5(1)(g) and (2), all the

powers and duties of a planning commission under each the Michigan

planning enabling act, 2008 PA 33, MCL 125.3801 to 125.3885, are,

with respect to the jurisdictional area of the joint planning

commission, transferred to the joint planning commission. In

exercising such powers or performing such duties, the joint

planning commission shall follow the procedure provided under the

planning act specified pursuant to section 5(g).

     (2) All Subject to section 5(2), all the powers and duties of

a zoning board or zoning commission under each zoning act the

Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to

125.3702, are, with respect to the jurisdictional area of the joint

planning commission, transferred to the joint planning commission.

In exercising such powers or performing such duties, the joint

planning commission shall follow the procedure provided under the

zoning act specified pursuant to section 5(h), when relevant.

     (3) If only part of the territory of a participating

municipality is in the jurisdictional area of a joint planning

commission, the participating municipality, with the joint planning

commission acting as the zoning board or zoning commission, may

adopt a zoning ordinance that affects only that portion of its

territory in the jurisdictional area of the joint planning

commission.

     (4) The participating municipalities, with the joint planning

commission acting as the zoning commission, may each adopt a joint

zoning ordinance that affects the jurisdictional area of the joint

planning commission and provides for the joint administration of

the joint zoning ordinance, including, but not limited to, a joint

zoning board of appeals.