SB-0115, As Passed Senate, March 1, 2007

SUBSTITUTE FOR

SENATE BILL NO. 115

     A bill to amend 2003 PA 226, entitled

"Joint municipal planning act,"

by amending the title and sections 5 and 7 (MCL 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. 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.

     (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.

     (h) For situations in which the 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 relevant

municipality is a township or is a city or village, a designation

either that the procedures applicable to a township will be

followed by the joint planning commission or that the procedures

applicable to a city or village will be followed by the joint

planning commission. Procedures applicable to a township shall not

be designated unless at least 1 of the participating municipalities

is a township. 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(2), all the powers and

duties of a planning commission under each planning act 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.