SB-1331, As Passed Senate, September 28, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1331

A bill to amend 2008 PA 33, entitled

"Michigan planning enabling act,"

by amending sections 3 and 7 (MCL 125.3803 and 125.3807).

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.

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.

(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.

(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.

(f) "Local unit of government" or "local unit" means a county

or municipality.

(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planning act repealed under section 85.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.

(h) "Municipality" or "municipal" means or refers to a city,

village, or township.

(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).

(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).

(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.

(l) "Senior citizen" means an individual who is at least 65

years old.

(m) (l) "Street" means a street, avenue, boulevard, highway,

road, lane, alley, viaduct, or other way intended for use by

automobiles.

Sec. 7. (1) A local unit of government may adopt, amend, and

implement a master plan as provided in this act.

(2) The general purpose of a master plan is to guide and

accomplish, in the planning jurisdiction and its environs,

development that satisfies all of the following criteria:

(a) Is coordinated, adjusted, harmonious, efficient, and

economical.

(b) Considers the character of the planning jurisdiction and

its suitability for particular uses, judged in terms of such

factors as trends in land and population development.

(d) ~~(c)~~ Will, in accordance with present and future needs,

best promote public health, safety, morals, order, convenience,

prosperity, and general welfare.

(e) ~~(d)~~ Includes, among other things, promotion of or adequate

provision for 1 or more of the following:

(i) A system of transportation to lessen congestion on streets.

(ii) Safety from fire and other dangers.

(iii) Light and air.

(iv) Healthful and convenient distribution of population.

(v) Good civic design and arrangement and wise and efficient

expenditure of public funds.

(vi) Public utilities such as sewage disposal and water supply

and other public improvements.

(vii) Recreation.

(viii) The use of resources in accordance with their character

and adaptability.