Planning Advisory Board Legislative Tracking Form Update March 14, 2008* Brief Description House or Senate Bill Number and Title SB 115 of 2007 *HB 5032 of 2007 (Amending PA 110 of 2006) PA 12 of 2008 *SB 206 of 2007 PA 33 of 2008 Amend PA 226 of 2003, the Joint Municipal Planning Act by enabling joint zoning authority via a phased transfer of powers and duties of existing planning commissions or zoning boards to joint planning commissions and allow jurisdictions to adopt joint zoning ordinances HB 5032 makes corrective and technical revisions to PA 110 of 2006, the “Michigan Zoning Enabling Act.” It would clarify a number of definitions in the original bill, specify notice requirements for public hearings, specify that by July 1, 2011 local units of government must transfer powers and duties of a zoning commission (where they exist) to a planning commission, specify that zoning powers and duties will only be performed by planning commissions, specify the number of days for a zoning ordiance to take effect and clarifies how zoning boards of appeals are appointed Creates the “Michigan Planning Enabling Act” to repeal and replace the Municipal Planning Act PA 285 of 1931, the County Planning Act PA 282 of 1945, and the Township Planning Act PA 168 of 1959. SB 206 would create a standard structure for all local planning commissions and one set of requirements for all master plans. SB 206 does not repeal PA 226 of 2003, the Joint Municipal Planning Act. In addition, SB 206 refers to provisions in PA 110 of 2006 the Zoning Enabling Act. For Additional Information on Any Item Contact: Patricia Denig; 222-6809 denigp@ewashtenaw.org Brett Lenart; 222-3495 lenartb@ewashtenaw.org or Mark Roby; 222-6861 robym@ewashtenaw.org 106758260 1 Applicability to Washtenaw County This bill would provide clear statutory language to guide municipalities engaged in joint planning e.g. the Manchester Community Joint Planning commission, regarding how to engage in joint zoning. (Sen. Brater is a co-sponsor) This bill clarifies certain technical issues that were unclear in PA 110 of 2006. It would apply to all zoning activities in the state. Washtenaw County has no zoning commissions, so this element of HB 5032 would not apply in this county. Status Passed State Senate March 1, 2007. In House Committee Intergovernmental, Urban and Regional Affairs. This bill has yet to have a hearing scheduled in 2008. * HB 5032 passed both chambers of the legislature and was approved by the Governor on February 29, with immediate effect. Assigned PA 12 of 2008. This bill standardizes local planning enabling legislation, so that every type of local government would plan under the same state law. See next page for a list of PA 33 of 2008 contents. *SB 206 passed both chambers of the legislature and was given immediate effect 2/28/08; approved by the Governor for March 13, 2008. THE CONTENTS OF PA 33 of 2008: PA 33 of 2008 creates the "Michigan Planning Enabling Act" to repeal and replace the three separate statutes that govern municipal, county, and township planning, beginning September 1, 2008. The bill would do the following: Allow a local unit of government to adopt, amend, and implement a master plan. Prescribe the general purpose of a master plan. Allow a local unit to adopt an ordinance creating a planning commission. Require a planning commission to make and approve a master plan as a guide for development within the planning jurisdiction. Allow a planning commission to adopt a sub-plan for a geographic area less than the planning jurisdiction if that area needed more intensive planning. Allow a county planning commission to be designated as the metropolitan county planning commission to perform metropolitan and regional planning. Prescribe procedures for adopting and amending a master plan. Require a planning commission to review the master plan at least every five years. Require a planning commission's approval for the construction of particular structures and facilities, and allow the legislative body of the local unit to overrule a planning commission's disapproval under certain circumstances. Require a planning commission annually to prepare a capital improvements program. Allow a planning commission to recommend to the local unit's legislative body provisions of an ordinance or rules governing the subdivision of land. Require a planning commission to review and make recommendations on plats, under certain circumstances. Provide that an existing master plan or charter provision or ordinance creating a planning commission would continue in effect under the proposed act, unless rescinded or repealed, subject to certain conditions. The statutes to be repealed are Public Act 285 of 1931, which governs planning by cities, villages, townships, and other incorporated political subdivisions; Public Act 282 of 1945, which governs county planning; and Public Act 168 of 1959, which governs township planning For Additional Information on Any Item Contact: Patricia Denig; 222-6809 denigp@ewashtenaw.org Brett Lenart; 222-3495 lenartb@ewashtenaw.org or Mark Roby; 222-6861 robym@ewashtenaw.org 106758260 2