May 6, 2010, Introduced by Reps. Byrnes, Switalski, Leland, Liss, Bledsoe, Wayne Schmidt, Donigan, Lisa Brown, Tlaib, Gonzales, Young, Robert Jones and Roberts and referred to the Committee on Transportation.
A bill to amend 2008 PA 33, entitled
"Michigan planning enabling act,"
by amending sections 3, 33, and 81 (MCL 125.3803, 125.3833, and
125.3881).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Chief administrative official" means the manager or other
highest nonelected administrative official of a city or village.
(b) "Chief elected official" means the mayor of a city, the
president of a village, the supervisor of a township, or, subject
to section 5, the chairperson of the county board of commissioners
of a county.
(c) "Complete streets policy" means that term as defined in
section 10p of 1951 PA 51, MCL 247.660p.
(d) (c)
"County board of
commissioners", subject to section 5,
means the elected county board of commissioners, except that, as
used in sections 39 and 41, county board of commissioners means 1
of the following:
(i) A committee of the county board of commissioners, if the
county board of commissioners delegates its powers and duties under
this act to the committee.
(ii) The regional planning commission for the region in which
the county is located, if the county board of commissioners
delegates its powers and duties under this act to the regional
planning commission.
(e) (d)
"Ex officio member", in
reference to a planning
commission, means a member, with full voting rights unless
otherwise provided by charter, who serves on the planning
commission by virtue of holding another office, for the term of
that other office.
(f) (e)
"Legislative body" means
the county board of
commissioners of a county, the board of trustees of a township, or
the council or other elected governing body of a city or village.
(g) (f)
"Local unit of
government" or "local unit" means a
county or municipality.
(h) (g)
"Master plan" means
either of the following:
(i) As provided in section 81(1), any plan adopted or amended
before
the effective date of this act September 1, 2008 under
a
planning act repealed under section 85.
(ii) Any plan adopted or amended under this act. This includes,
but is not limited to, a plan prepared by a planning commission
authorized by this act and used to satisfy the requirement of
section 203(1) of the Michigan zoning enabling act, 2006 PA 110,
MCL 125.3203, regardless of whether it is entitled a master plan,
basic plan, county plan, development plan, guide plan, land use
plan, municipal plan, township plan, plan, or any other term.
(i) (h)
"Municipality" or
"municipal" means or refers to a
city, village, or township.
(j) (i)
"Planning commission"
means either of the following,
as applicable:
(i) A planning commission created pursuant to section 11(1).
(ii) A planning commission retained pursuant to section 81(2)
or (3), subject to the limitations on the application of this act
provided in section 81(2) and (3).
(k) (j)
"Planning jurisdiction"
for a county, city, or village
refers to the areas encompassed by the legal boundaries of that
county, city, or village, subject to section 31(1). Planning
jurisdiction for a township refers to the areas encompassed by the
legal boundaries of that township outside of the areas of
incorporated villages and cities, subject to section 31(1).
(l) (k)
"Population" means the
population according to the most
recent federal decennial census or according to a special census
conducted under section 7 of the Glenn Steil state revenue sharing
act of 1971, 1971 PA 140, MCL 141.907, whichever is the more
recent.
(m) (l) "Street"
means a street, avenue, boulevard, highway,
road, lane, alley, viaduct, or other way intended for use by
automobiles.
Sec. 33. (1) A master plan shall address land use and
infrastructure issues and may project 20 years or more into the
future. A master plan shall include maps, plats, charts, and
descriptive, explanatory, and other related matter and shall show
the planning commission's recommendations for the physical
development of the planning jurisdiction.
(2) A master plan shall also include those of the following
subjects that reasonably can be considered as pertinent to the
future development of the planning jurisdiction:
(a) A land use plan that consists in part of a classification
and allocation of land for agriculture, residences, commerce,
industry, utilities, transportation, recreation, ways and grounds,
public buildings, schools, soil conservation, forests, woodlots,
open space, wildlife refuges, and other uses and purposes. If a
county has not adopted a zoning ordinance under former 1943 PA 183
or the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to
125.3702, a land use plan and program for the county may be a
general plan with a generalized future land use map.
(b)
The general location, character, and extent of streets,
railroads,
airports, bicycle paths, pedestrian ways, bridges,
waterways,
all of the following:
(i) An interconnected transportation system consisting of
streets and bridges, public transit, bicycle lanes and paths,
pedestrian ways, freight facilities and routes, port facilities,
railroad facilities, and airports, subject to subsection (3).
(ii) Waterways and waterfront
developments. ; sanitary
(iii) Sanitary sewers and water
supply systems. ; facilities
(iv) Facilities for flood prevention, drainage, pollution
prevention,
and maintenance of water levels. ; and public
(v) Public utilities and structures.
(c) Recommendations as to the general character, extent, and
layout of redevelopment or rehabilitation of blighted areas; and
the removal, relocation, widening, narrowing, vacating,
abandonment, change of use, or extension of streets, grounds, open
spaces, buildings, utilities, or other facilities.
(d) For a local unit of government that has adopted a zoning
ordinance, a zoning plan for various zoning districts controlling
the height, area, bulk, location, and use of buildings and
premises. The zoning plan shall include an explanation of how the
land use categories on the future land use map relate to the
districts on the zoning map.
(e) Recommendations for implementing any of the master plan's
proposals.
(3) Beginning January 1, 2016, the transportation system
element of a master plan shall at a minimum address the following:
(a) The level of service of all streets in the local unit of
government classified by type and function and recommendations for
any future changes to the street system and level of service.
(b) The mechanism for assessing, preventing, and mitigating
the traffic and other impacts of large, traffic-generating land
uses that may be developed along existing or proposed major street
corridors.
(c) Major street corridor access management issues, proposed
solutions to prevent traffic crashes and preserve street capacity,
and proposed policies to prevent future traffic safety problems and
remediate existing problems.
(d) Traffic noise along major street corridors, including
proposed solutions and policies to limit noise.
(e) Pedestrian and bicycle access and service issues along all
streets, the potential for new or expanded pedestrian facilities
and bicycle lanes and pathways, and appropriate recommendations
concerning all of the following:
(i) A complete streets policy.
(ii) Context sensitive design.
(iii) Traffic calming techniques.
(iv) Walkability and bikeability policies.
(4) (3)
If a master plan is or includes a
master street plan,
the means for implementing the master street plan in cooperation
with the county road commission and the state transportation
department shall be specified in the master street plan in a manner
consistent with the respective powers and duties of and any written
agreements between these entities and the municipality.
(5) (4)
This section is subject to section
81(1).
Sec. 81. (1) Unless rescinded by the local unit of government,
any plan adopted or amended under a planning act repealed under
section 85 need not be readopted under this act but continues in
effect as a master plan under this act, regardless of whether it is
entitled a master plan, basic plan, county plan, development plan,
guide plan, land use plan, municipal plan, township plan, plan, or
any other term. This includes, but is not limited to, a plan
prepared
by a planning commission and adopted before the effective
date
of this act September 1, 2008 to
satisfy the requirements of
section 1 of the former city and village zoning act, 1921 PA 207,
section 3 of the former township zoning act, 1943 PA 184, section 3
of the former county zoning act, 1943 PA 183, or section 203(1) of
the Michigan zoning enabling act, 2006 PA 110, MCL 125.3203. The
master plan is subject to the requirements of this act, including,
but not limited to, the requirement for periodic review under
section 45(2) and the amendment procedures set forth in this act.
However, the master plan is not subject to the requirements of
section 33, except the requirements of section 33(4), until it is
first amended under this act. An amendment solely to comply with
section 33(4) is not considered to be a first amendment under this
act, which would subject the master plan to the other requirements
of section 33.
(2) Unless repealed, a city or home rule village charter
provision
creating a planning commission before the effective date
of
this act September 1, 2008 and
any ordinance adopted before the
effective
date of this act September 1,
2008 implementing that
charter provision continues in effect under this act, and the
planning commission need not be newly created by an ordinance
adopted under this act. However, both of the following apply:
(a) The legislative body may by ordinance increase the powers
and duties of the planning commission to correspond with the powers
and duties of a planning commission created under this act.
Provisions of this act regarding planning commission powers and
duties do not otherwise apply to a planning commission created by
charter
before the effective date of this act September 1, 2008 and
provisions of this act regarding planning commission membership,
appointment, and organization do not apply to such a planning
commission. All other provisions of this act, including, but not
limited to, provisions regarding planning commission selection of
officers, meetings, rules, records, appointment of employees,
contracts for services, and expenditures, do apply to such a
planning commission.
(b) The legislative body shall amend any ordinance adopted
before
the effective date of this act September 1, 2008 to
implement the charter provision, or repeal the ordinance and adopt
a new ordinance, to fully conform to the requirements of this act
made applicable by subdivision (a), by the earlier of the following
dates:
(i) The date when an amendatory or new ordinance is first
adopted under this act for any purpose.
(ii) July 1, 2011.
(3) Unless repealed, an ordinance creating a planning
commission under former 1931 PA 285 or former 1945 PA 282 or a
resolution creating a planning commission under former 1959 PA 168
continues in effect under this act, and the planning commission
need not be newly created by an ordinance adopted under this act.
However, all of the following apply:
(a)
Beginning on the effective date of this act, the The
duties of the planning commission are subject to the requirements
of this act.
(b) The legislative body shall amend the ordinance, or repeal
the ordinance or resolution and adopt a new ordinance, to fully
conform to the requirements of this act by the earlier of the
following dates:
(i) The date when an amendatory or new ordinance is first
adopted under this act for any purpose.
(ii) July 1, 2011.
(c) An ordinance adopted under subdivision (b) is not subject
to referendum.
(4) Unless repealed or rescinded by the legislative body, an
ordinance or published rules governing the subdivision of land
authorized under section 105 of the land division act, 1967 PA 288,
MCL 560.105, need not be readopted under this act or amended to
comply with this act but continue in effect under this act.
However, if amended, the ordinance or published rules shall be
amended under the procedures of this act.