December 2, 2014, Introduced by Rep. VerHeulen and referred to the Committee on Local Government.
A bill to amend 2008 PA 33, entitled
"Michigan planning enabling act,"
by amending sections 13, 43, and 71 (MCL 125.3813, 125.3843, and
125.3871).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) Subject to subsection (2), a township ordinance
creating
a planning commission under this act shall take takes
effect 63 days after the following:
(a) If the ordinance is adopted before January 1, 2015, the
ordinance is published by the township board in a newspaper having
general circulation in the township.
(b) If the ordinance is adopted after December 31, 2014, the
township gives tier B public notice of the ordinance under the
local government public notice act.
(2)
Subject to subsection (3), before Before a township
ordinance creating a planning commission takes effect, a petition
may be filed with the township clerk requesting the submission of
the ordinance to the electors residing in the unincorporated
portion of the township for their approval or rejection. The
petition shall be signed by a number of qualified and registered
electors residing in the unincorporated portion of the township
equal to not less than 8% of the total vote cast for all candidates
for governor, at the last preceding general election at which a
governor was elected. If such a petition is filed, the ordinance
shall
does not take effect until approved by a majority of the
electors residing in the unincorporated portion of the township
voting thereon at the next regular or special election that allows
reasonable time for proper notices and printing of ballots or at
any special election called for that purpose, as determined by the
township board. The township board shall specify the language of
the ballot question.
(3)
Subsection (2) does not apply if the planning commission
created
by the ordinance is the successor to an existing zoning
commission
or zoning board as provided for under section 301 of the
Michigan
zoning enabling act, 2006 PA 110, MCL 125.3301.
(3) (4)
If a township board does not on its
own initiative
adopt an ordinance under this act creating a planning commission, a
petition may be filed with the township clerk requesting the
township board to adopt such an ordinance. The petition shall be
signed by a number of qualified and registered electors as provided
in subsection (2). If such a petition is filed, the township board,
at its first meeting following the filing, shall submit the
question to the electors of the township in the same manner as
provided under subsection (2).
(4) (5)
A petition under this section,
including the
circulation and signing of the petition, is subject to section 488
of the Michigan election law, 1954 PA 116, MCL 168.488. A person
who violates a provision of the Michigan election law, 1954 PA 116,
MCL 168.1 to 168.992, applicable to a petition described in this
section is subject to the penalties prescribed for that violation
in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
Sec. 43. (1) Before approving a proposed master plan, a
planning commission shall hold not less than 1 public hearing on
the proposed master plan. The hearing shall be held after the
expiration
of the deadline for comment under section 41(3). The If
the hearing is held before January 1, 2015, the planning commission
shall
give notice of the time and place of the public hearing not
less than 15 days before the hearing by publication in a newspaper
of general circulation within the local unit of government. If the
hearing is held after December 31, 2014, the planning commission
shall give tier B public notice of the time and place of the public
hearing under the local government public notice act. If website
posting is required, the posting period shall include the 14 days
immediately before the hearing. The planning commission shall also
submit notice of the public hearing in the manner provided in
section 39(3) to each entity described in section 39(2). This
notice may accompany the proposed master plan submitted under
section 41.
(2) The approval of the proposed master plan shall be by
resolution of the planning commission carried by the affirmative
votes of not less than 2/3 of the members of a city or village
planning commission or not less than a majority of the members of a
township or county planning commission. The resolution shall refer
expressly to the maps and descriptive and other matter intended by
the planning commission to form the master plan. A statement
recording the planning commission's approval of the master plan,
signed by the chairperson or secretary of the planning commission,
shall be included on the inside of the front or back cover of the
master plan and, if the future land use map is a separate document
from the text of the master plan, on the future land use map.
Following approval of the proposed master plan by the planning
commission, the secretary of the planning commission shall submit a
copy of the master plan to the legislative body.
(3) Approval of the proposed master plan by the planning
commission under subsection (2) is the final step for adoption of
the master plan, unless the legislative body by resolution has
asserted the right to approve or reject the master plan. In that
case, after approval of the proposed master plan by the planning
commission, the legislative body shall approve or reject the
proposed master plan. A statement recording the legislative body's
approval of the master plan, signed by the clerk of the legislative
body, shall be included on the inside of the front or back cover of
the master plan and, if the future land use map is a separate
document from the text of the master plan, on the future land use
map.
(4) If the legislative body rejects the proposed master plan,
the legislative body shall submit to the planning commission a
statement of its objections to the proposed master plan. The
planning commission shall consider the legislative body's
objections and revise the proposed master plan so as to address
those objections. The procedures provided in subsections (1) to (3)
and this subsection shall be repeated until the legislative body
approves the proposed master plan.
(5) Upon final adoption of the master plan, the secretary of
the planning commission shall submit, in the manner provided in
section 39(3), copies of the adopted master plan to the same
entities to which copies of the proposed master plan were required
to be submitted under section 41(2).
Sec. 71. (1) A planning commission may recommend to the
legislative body provisions of an ordinance or rules governing the
subdivision of land authorized under section 105 of the land
division act, 1967 PA 288, MCL 560.105. If a township is subject to
county zoning consistent with section 209 of the Michigan zoning
enabling act, 2006 PA 110, MCL 125.3209, or a city or village is
subject to county zoning pursuant to the Michigan zoning enabling
act, 2006 PA 110, MCL 125.3101 to 125.3702, and a contract under
the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501
to 124.512, or 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536, the
county planning commission may recommend to the legislative body of
the municipality provisions of an ordinance or rules governing the
subdivision of land authorized under section 105 of the land
division act, 1967 PA 288, MCL 560.105. A planning commission may
proceed under this subsection on its own initiative or upon request
of the appropriate legislative body.
(2) Recommendations for a subdivision ordinance or rule may
address plat design, including the proper arrangement of streets in
relation to other existing or planned streets and to the master
plan; adequate and convenient open spaces for traffic, utilities,
access of firefighting apparatus, recreation, light, and air; and
the avoidance of congestion of population, including minimum width
and area of lots. The recommendations may also address the extent
to which streets shall be graded and improved and to which water
and sewer and other utility mains, piping, or other facilities
shall be installed as a condition precedent to the approval of a
plat.
(3) Before recommending an ordinance or rule described in
subsection (1), the planning commission shall hold a public hearing
on the proposed ordinance or rule. The planning commission shall
give notice of the time and place of the public hearing not less
than 15 days before the hearing as follows:
(a) If the hearing is held before January 1, 2015, by
publication in a newspaper of general circulation within the local
unit of government.
(b) If the hearing is held after December 31, 2014, by tier B
public notice with a link under the local government public notice
act. If website posting is required, the posting period shall
include the 14 days immediately before the hearing.
(4) If a municipality has adopted a master plan or master
street plan, the planning commission of that municipality shall
review and make recommendations on plats before action thereon by
the legislative body under section 112 of the land division act,
1967 PA 288, MCL 560.112. If a township is subject to county zoning
consistent with section 209 of the Michigan zoning enabling act,
2006 PA 110, MCL 125.3209, or a city or village is subject to
county zoning pursuant to the Michigan zoning enabling act, 2006 PA
110, MCL 125.3101 to 125.3702, and a contract under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, or 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536, and the
municipality has adopted a master plan or master street plan, the
county planning commission shall also review and make
recommendations on plats before action thereon by the legislative
body of the municipality under section 112 of the land division
act, 1967 PA 288, MCL 560.112.
(5) A planning commission shall not take action on a proposed
plat
without affording providing
an opportunity for a public
hearing thereon. A plat submitted to the planning commission shall
contain the name and address of the proprietor or other person to
whom notice of a hearing shall be sent. Not less than 15 days
before the date of the hearing, notice of the date, time, and place
of the hearing shall be sent by mail to that person at that address
by
mail and shall be published in a newspaper of general
circulation
in the municipality. Similar notice shall be mailed and
to the owners of land immediately adjoining the proposed platted
land. In addition, if the hearing is held before January 1, 2015,
notice of the date, time, and place of the hearing shall be
published in a newspaper of general circulation in the
municipality. If the hearing is held after December 31, 2014,
notice of the date, time, and place of the hearing shall be given
by tier B public notice with a link under the local government
public notice act. If website posting is required, the posting
period shall include the 14 days immediately before the hearing.
(6) A planning commission shall recommend approval, approval
with conditions, or disapproval of a plat within 63 days after the
plat is submitted to the planning commission. If applicable
standards under the land division act, 1967 PA 288, MCL 560.101 to
560.293, and an ordinance or published rules governing the
subdivision of land authorized under section 105 of that act, MCL
560.105, are met, the planning commission shall recommend approval
of the plat. If the planning commission fails to act within the
required period, the plat shall be considered to have been
recommended for approval, and a certificate to that effect shall be
issued by the planning commission upon request of the proprietor.
However, the proprietor may waive this requirement and consent to
an extension of the 63-day period. The grounds for any
recommendation of disapproval of a plat shall be stated upon the
records of the planning commission.
(7) A plat approved by a municipality and recorded under
section 172 of the land division act, 1967 PA 288, MCL 560.172,
shall be considered to be an amendment to the master plan and a
part thereof. Approval of a plat by a municipality does not
constitute or effect an acceptance by the public of any street or
other open space shown upon the plat.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.