January 30, 2007, Introduced by Senators BIRKHOLZ, HARDIMAN, BRATER and GILBERT and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 2003 PA 226, entitled
"Joint municipal planning act,"
by amending sections 5 and 7 (MCL 125.135 and 125.137).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.