reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article I - . General Provisions (125.3801...125.3807) › Section 125.3807 - Master Plan; Adoption, Amendment, and Implementation by Local Government; Purpose.

125.3807 Master plan; adoption, amendment, and implementation by local government; purpose.
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.
(c) Will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and general welfare.
(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 and provide for safe and efficient movement of people and goods by motor vehicles, bicycles, pedestrians, and other legal users.
(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.
History:
2008, Act 33, Eff. Sept. 1, 2008 ;-- Am. 2010, Act 134, Imd. Eff. Aug. 2, 2010
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3811 - Planning Commission; Creation; Adoption of Ordinance by Local Unit of Government; Notice Required; Exception; Adoption of Charter Provision by City or Home Rule Village; Effect of Repeal of Planning Act; Continued Exercise or Transfer of Powers and Duties of Zoning Board or Zoning Commission.

125.3811 Planning commission; creation; adoption of ordinance by local unit of government; notice required; exception; adoption of charter provision by city or home rule village; effect of repeal of planning act; continued exercise or transfer of powers and duties of zoning board or zoning commission.
Sec. 11.
(1) A local unit of government may adopt an ordinance creating a planning commission with powers and duties provided in this act. The planning commission of a local unit of government shall be officially called "the planning commission", even if a charter, ordinance, or resolution uses a different name such as "plan board" or "planning board".
(2) Within 14 days after a local unit of government adopts an ordinance under subsection (1) creating a planning commission, the clerk of the local unit shall transmit notice of the adoption to the planning commission of the county where the local unit is located. However, if there is not a county planning commission or if the local unit adopting the ordinance is a county, notice shall be transmitted to the regional planning commission engaged in planning for the region within which the local unit is located. Notice under this subsection is not required when a planning commission created before the effective date of this act continues in existence under this act, but is required when an ordinance governing or creating a planning commission is amended or superseded under section 81(2)(b) or (3)(b).
(3) If, after the effective date of this act, a city or home rule village adopts a charter provision providing for a planning commission, the charter provision shall be implemented by an ordinance that conforms to this act. Section 81(2) provides for the continuation of a planning commission created by a charter provision adopted before the effective date of this act.
(4) Section 81(3) provides for the continuation of a planning commission created under a planning act repealed under section 85.
(5) Section 83 provides for the continued exercise by a planning commission, or the transfer to a planning commission, of the powers and duties of a zoning board or zoning commission.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3813 - Planning Commission; Effect of Township Ordinance; Number of Days; Petition Requesting Submission of Ordinance to Electors; Filing; Petition Subject to Michigan Election Law; Violation.

125.3813 Planning commission; effect of township ordinance; number of days; petition requesting submission of ordinance to electors; filing; petition subject to Michigan election law; violation.
Sec. 13.
(1) Subject to subsection (2), a township ordinance creating a planning commission under this act shall take effect 63 days after the ordinance is published by the township board in a newspaper having general circulation in the township.
(2) Subject to subsection (3), 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 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.
(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).
(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.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3817 - Chairperson, Secretary, and Other Offices; Election; Terms; Appointment of Advisory Committees.

125.3817 Chairperson, secretary, and other offices; election; terms; appointment of advisory committees.
Sec. 17.
(1) A planning commission shall elect a chairperson and secretary from its members and create and fill other offices as it considers advisable. An ex officio member of the planning commission is not eligible to serve as chairperson. The term of each officer shall be 1 year, with opportunity for reelection as specified in bylaws adopted under section 19.
(2) A planning commission may appoint advisory committees whose members are not members of the planning commission.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3819 - Bylaws; Adoption; Public Record Requirements; Annual Report by Planning Commission.

125.3819 Bylaws; adoption; public record requirements; annual report by planning commission.
Sec. 19.
(1) A planning commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.
(2) A planning commission shall make an annual written report to the legislative body concerning its operations and the status of planning activities, including recommendations regarding actions by the legislative body related to planning and development.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3821 - Meetings; Frequency; Time; Place; Special Meeting; Notice; Compliance With Open Meetings Act; Availability of Writings to Public.

125.3821 Meetings; frequency; time; place; special meeting; notice; compliance with open meetings act; availability of writings to public.
Sec. 21.
(1) A planning commission shall hold not less than 4 regular meetings each year, and by resolution shall determine the time and place of the meetings. Unless the bylaws provide otherwise, a special meeting of the planning commission may be called by the chairperson or by 2 other members, upon written request to the secretary. Unless the bylaws provide otherwise, the secretary shall send written notice of a special meeting to planning commission members not less than 48 hours before the meeting.
(2) The business that a planning commission may perform shall be conducted at a public meeting of the planning commission held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by that act.
(3) A writing prepared, owned, used, in the possession of, or retained by a planning commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3823 - Compensation; Expenses; Preparation of Budget; Acceptance of Gifts.

125.3823 Compensation; expenses; preparation of budget; acceptance of gifts.
Sec. 23.
(1) Members of a planning commission may be compensated for their services as provided by the legislative body. A planning commission may adopt bylaws relative to compensation and expenses of its members and employees for travel when engaged in the performance of activities authorized by the legislative body, including, but not limited to, attendance at conferences, workshops, educational and training programs, and meetings.
(2) After preparing the annual report required under section 19, a planning commission may prepare a detailed budget and submit the budget to the legislative body for approval or disapproval. The legislative body annually may appropriate funds for carrying out the purposes and functions permitted under this act, and may match local government funds with federal, state, county, or other local government or private grants, contributions, or endowments.
(3) A planning commission may accept gifts for the exercise of its functions. However, in a township, other than a township that on the effective date of this act had a planning commission created under former 1931 PA 285, only the township board may accept such gifts, on behalf of the planning commission. A gift of money so accepted in either case shall be deposited with the treasurer of the local unit of government in a special nonreverting planning commission fund for expenditure by the planning commission for the purpose designated by the donor. The treasurer shall draw a warrant against the special nonreverting fund only upon receipt of a voucher signed by the chairperson and secretary of the planning commission and an order drawn by the clerk of the local unit of government. The expenditures of a planning commission, exclusive of gifts and grants, shall be within the amounts appropriated by the legislative body.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article II - . Planning Commission Creation and Administration (125.3811...125.3825) › Section 125.3825 - Employment of Planning Director and Other Personnel; Contract for Services; Use of Information and Advice Provided by Public Officials, Departments, and Agencies.

125.3825 Employment of planning director and other personnel; contract for services; use of information and advice provided by public officials, departments, and agencies.
Sec. 25.
(1) A local unit of government may employ a planning director and other personnel as it considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the legislative body. This authority shall be exercised by the legislative body, unless a charter provision or ordinance delegates this authority to the planning commission or another body or official. The appointment of employees is subject to the same provisions of law as govern other corresponding civil employees of the local unit of government.
(2) For the purposes of this act, a planning commission may make use of maps, data, and other information and expert advice provided by appropriate federal, state, regional, county, and municipal officials, departments, and agencies. All public officials, departments, and agencies shall make available public information for the use of planning commissions and furnish such other technical assistance and advice as they may have for planning purposes.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3831 - Master Plan; Preparation by Planning Commission; Meetings With Other Governmental Planning Commissions or Agency Staff; Powers.

125.3831 Master plan; preparation by planning commission; meetings with other governmental planning commissions or agency staff; powers.
Sec. 31.
(1) A planning commission shall make and approve a master plan as a guide for development within the planning jurisdiction subject to section 81 and the following:
(a) For a county, the master plan may include planning in cooperation with the constituted authorities for incorporated areas in whole or to the extent to which, in the planning commission's judgment, they are related to the planning of the unincorporated area or of the county as a whole.
(b) For a township that on September 1, 2008 had a planning commission created under former 1931 PA 285, or for a city or village, the planning jurisdiction may include any areas outside of the municipal boundaries that, in the planning commission's judgment, are related to the planning of the municipality.
(2) In the preparation of a master plan, a planning commission shall do all of the following, as applicable:
(a) Make careful and comprehensive surveys and studies of present conditions and future growth within the planning jurisdiction with due regard to its relation to neighboring jurisdictions.
(b) Consult with representatives of adjacent local units of government in respect to their planning so that conflicts in master plans and zoning may be avoided.
(c) Cooperate with all departments of the state and federal governments, public transportation agencies, and other public agencies concerned with programs for economic, social, and physical development within the planning jurisdiction and seek the maximum coordination of the local unit of government's programs with these agencies.
(3) In the preparation of the master plan, the planning commission may meet with other governmental planning commissions or agency staff to deliberate.
(4) In general, a planning commission has such lawful powers as may be necessary to enable it to promote local planning and otherwise carry out the purposes of this act.
History:
2008, Act 33, Eff. Sept. 1, 2008 ;-- Am. 2010, Act 306, Imd. Eff. Dec. 17, 2010
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3835 - Subplan; Adoption.

125.3835 Subplan; adoption.
Sec. 35.
A planning commission may, by a majority vote of the members, adopt a subplan for a geographic area less than the entire planning jurisdiction, if, because of the unique physical characteristics of that area, more intensive planning is necessary for the purposes set forth in section 7.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3837 - Metropolitan County Planning Commission; Designation; Powers.

125.3837 Metropolitan county planning commission; designation; powers.
Sec. 37.
(1) A county board of commissioners may designate the county planning commission as the metropolitan county planning commission. A county planning commission so designated shall perform metropolitan and regional planning whenever necessary or desirable. The metropolitan county planning commission may engage in comprehensive planning, including, but not limited to, the following:
(a) Preparation, as a guide for long-range development, of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, together with long-range fiscal plans for such development.
(b) Programming of capital improvements based on relative urgency, together with definitive financing plans for the improvements to be constructed in the earlier years of the program.
(c) Coordination of all related plans of local governmental agencies within the metropolitan area or region.
(d) Intergovernmental coordination of all related planning activities among the state and local governmental agencies within the metropolitan area or region.
(2) In addition to the powers conferred by other provisions of this act, a metropolitan county planning commission may apply for, receive, and accept grants from any local, regional, state, or federal governmental agency and agree to and comply with the terms and conditions of such grants. A metropolitan county planning commission may do any and all things necessary or desirable to secure the financial aid or cooperation of a regional, state, or federal governmental agency in carrying out its functions, when approved by a 2/3 vote of the county board of commissioners.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3845 - Extension, Addition, Revision, or Other Amendment to Master Plan; Adoption; Procedures; Review and Findings.

125.3845 Extension, addition, revision, or other amendment to master plan; adoption; procedures; review and findings.
Sec. 45.
(1) An extension, addition, revision, or other amendment to a master plan shall be adopted by following the procedure under sections 39, 41, and 43, subject to all of the following:
(a) Any of the following amendments to a master plan may be made without following the procedure under sections 39, 41, and 43:
(i) A grammatical, typographical, or similar editorial change.
(ii) A title change.
(iii) A change to conform to an adopted plat.
(b) Subject to subdivision (a), the review period provided for in section 41(3) shall be 42 days instead of 63 days.
(c) When a planning commission sends notice to an entity under section 39(2) that it intends to prepare a subplan, the notice may indicate that the local unit of government intends not to provide that entity with further notices of or copies of proposed or final subplans otherwise required to be submitted to that entity under section 39, 41, or 43. Unless the entity responds that it chooses to receive notice of subplans, the local unit of government is not required to provide further notice of subplans to that entity.
(2) At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3847 - Part of County Master Plan Covering Incorporated Area; Adoption by Appropriate City or Village Required; Exception.

125.3847 Part of county master plan covering incorporated area; adoption by appropriate city or village required; exception.
Sec. 47.
(1) Subject to subsection (2), a part of a county master plan covering an incorporated area within the county shall not be recognized as the official master plan or part of the official master plan for that area unless adopted by the appropriate city or village in the manner prescribed by this act.
(2) Subsection (1) does not apply if the incorporated area 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, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3849 - City or Village Planning Department; Authority to Submit Proposed Master Plan, or Proposed Extension, Addition, Revision, or Other Amendment.

125.3849 City or village planning department; authority to submit proposed master plan, or proposed extension, addition, revision, or other amendment.
Sec. 49.
(1) This act does not alter the authority of a planning department of a city or village created by charter to submit a proposed master plan, or a proposed extension, addition, revision, or other amendment to a master plan, to the planning commission, whether directly or indirectly as provided by charter.
(2) Subsection (1) notwithstanding, a planning commission described in subsection (1) shall comply with the requirements of this act.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article III - . Preparation and Adoption of Master Plan (125.3831...125.3851) › Section 125.3851 - Public Interest and Understanding; Promotion.

125.3851 Public interest and understanding; promotion.
Sec. 51.
(1) To promote public interest in and understanding of the master plan, a planning commission may publish and distribute copies of the master plan or of any report, and employ other means of publicity and education.
(2) A planning commission shall consult with and advise public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens concerning the promotion or implementation of the master plan.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article IV - . Special Provisions, Including Capital Improvements and Subdivision Review (125.3861...125.3871) › Section 125.3861 - Construction of Certain Projects in Area Covered by Municipal Master Plan; Approval; Initiation of Work on Project; Requirements; Report and Advice.

125.3861 Construction of certain projects in area covered by municipal master plan; approval; initiation of work on project; requirements; report and advice.
Sec. 61.
(1) A street; square, park, playground, public way, ground, or other open space; or public building or other structure shall not be constructed or authorized for construction in an area covered by a municipal master plan unless the location, character, and extent of the street, public way, open space, structure, or utility have been submitted to the planning commission by the legislative body or other body having jurisdiction over the authorization or financing of the project and has been approved by the planning commission. The planning commission shall submit its reasons for approval or disapproval to the body having jurisdiction. If the planning commission disapproves, the body having jurisdiction may overrule the planning commission by a vote of not less than 2/3 of its entire membership for a township that on the enactment date of this act had a planning commission created under former 1931 PA 285, or for a city or village, or by a vote of not less than a majority of its membership for any other township. If the planning commission fails to act within 35 days after submission of the proposal to the planning commission, the project shall be considered to be approved by the planning commission.
(2) Following adoption of the county plan or any part of a county plan and the certification by the county planning commission to the county board of commissioners of a copy of the plan, work shall not be initiated on any project involving the expenditure of money by a county board, department, or agency for the acquisition of land, the erection of structures, or the extension, construction, or improvement of any physical facility by any county board, department, or agency unless a full description of the project, including, but not limited to, its proposed location and extent, has been submitted to the county planning commission and the report and advice of the planning commission on the proposal have been received by the county board of commissioners and by the county board, department, or agency submitting the proposal. However, work on the project may proceed if the planning commission fails to provide in writing its report and advice upon the proposal within 35 days after the proposal is filed with the planning commission. The planning commission shall provide copies of the report and advice to the county board, department, or agency sponsoring the proposal.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article IV - . Special Provisions, Including Capital Improvements and Subdivision Review (125.3861...125.3871) › Section 125.3863 - Approval of Construction Project Before Effective Date of Act; Rescission of Authorization; Failure of Planning Commission to Act Within Certain Period of Time.

125.3863 Approval of construction project before effective date of act; rescission of authorization; failure of planning commission to act within certain period of time.
Sec. 63.
If the opening, widening, or extension of a street, or the acquisition or enlargement of any square, park, playground, or other open space has been approved by a township planning commission that was created before the effective date of this act under former 1931 PA 285 or by a city or village planning commission and authorized by the legislative body as provided under section 61, the legislative body shall not rescind its authorization unless the matter has been resubmitted to the planning commission and the rescission has been approved by the planning commission. The planning commission shall hold a public hearing on the matter. The planning commission shall submit its reasons for approval or disapproval of the rescission to the legislative body. If the planning commission disapproves the rescission, the legislative body may overrule the planning commission by a vote of not less than 2/3 of its entire membership. If the planning commission fails to act within 63 days after submission of the proposed rescission to the planning commission, the proposed rescission shall be considered to be approved by the planning commission.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article IV - . Special Provisions, Including Capital Improvements and Subdivision Review (125.3861...125.3871) › Section 125.3865 - Capital Improvements Program of Public Structures and Improvements; Preparation; Basis.

125.3865 Capital improvements program of public structures and improvements; preparation; basis.
Sec. 65.
(1) To further the desirable future development of the local unit of government under the master plan, a planning commission, after adoption of a master plan, shall annually prepare a capital improvements program of public structures and improvements, unless the planning commission is exempted from this requirement by charter or otherwise. If the planning commission is exempted, the legislative body either shall prepare and adopt a capital improvements program, separate from or as a part of the annual budget, or shall delegate the preparation of the capital improvements program to the chief elected official or a nonelected administrative official, subject to final approval by the legislative body. The capital improvements program shall show those public structures and improvements, in the general order of their priority, that in the commission's judgment will be needed or desirable and can be undertaken within the ensuing 6-year period. The capital improvements program shall be based upon the requirements of the local unit of government for all types of public structures and improvements. Consequently, each agency or department of the local unit of government with authority for public structures or improvements shall upon request furnish the planning commission with lists, plans, and estimates of time and cost of those public structures and improvements.
(2) Any township may prepare and adopt a capital improvement program. However, subsection (1) is only mandatory for a township if the township, alone or jointly with 1 or more other local units of government, owns or operates a water supply or sewage disposal system.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article IV - . Special Provisions, Including Capital Improvements and Subdivision Review (125.3861...125.3871) › Section 125.3867 - Programs for Public Structures and Improvements; Recommendations.

125.3867 Programs for public structures and improvements; recommendations.
Sec. 67.
A planning commission may recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof, regardless of whether the planning commission is exempted from the requirement to prepare a capital improvements program under section 65.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article IV - . Special Provisions, Including Capital Improvements and Subdivision Review (125.3861...125.3871) › Section 125.3869 - Copy of Zoning Ordinance and Amendments; Request by County Planning Commission for Submission by Municipal Planning Commission.

125.3869 Copy of zoning ordinance and amendments; request by county planning commission for submission by municipal planning commission.
Sec. 69.
If a municipal planning commission has zoning duties pursuant to section 83 and the municipality has adopted a zoning ordinance, the county planning commission, if any, may, by first-class mail or personal delivery, request the municipal planning commission to submit to the county planning commission a copy of the zoning ordinance and any amendments. The municipal planning commission shall submit the requested documents to the county planning commission within 63 days after the request is received and shall submit any future amendments to the zoning ordinance within 63 days after the amendments are adopted. The municipal planning commission may submit a zoning ordinance or amendment under this subsection electronically.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article V - . Transitional Provisions and Repealer (125.3881...125.3885) › Section 125.3883 - Transfer of Powers, Duties, and Records.

125.3883 Transfer of powers, duties, and records.
Sec. 83.
(1) If, on the effective date of this act, a planning commission had the powers and duties of a zoning board or zoning commission under the former city and village zoning act, 1921 PA 207, the former county zoning act, 1943 PA 183, or the former township zoning act, 1943 PA 184, and under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, the planning commission may continue to exercise those powers and duties without amendment of the ordinance, resolution, or charter provision that created the planning commission.
(2) If, on the effective date of this act, a local unit of government had a planning commission without zoning authority created under former 1931 PA 285, former 1945 PA 282, or former 1959 PA 168, the legislative body may by amendment to the ordinance creating the planning commission, or, if the planning commission was created by resolution, may by resolution, transfer to the planning commission all the powers and duties provided to a zoning board or zoning commission created under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702. If an existing zoning board or zoning commission in the local unit of government is nearing the completion of its draft zoning ordinance, the legislative body shall postpone the transfer of the zoning board's or zoning commission's powers, duties, and records until the completion of the draft zoning ordinance, but is not required to postpone the transfer more than 1 year.
(3) If, on or after the effective date of this act, a planning commission is created in a local unit of government that has had a zoning board or zoning commission since before the effective date of this act, the legislative body shall transfer all the powers, duties, and records of the zoning board or zoning commission to the planning commission before July 1, 2011. If the existing zoning board or zoning commission is nearing the completion of its draft zoning ordinance, the legislative body may, by resolution, postpone the transfer of the zoning board's or zoning commission's powers, duties, and records until the completion of the draft zoning ordinance, but not later than until 1 year after creation of the planning commission or July 1, 2011, whichever comes first.
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article V - . Transitional Provisions and Repealer (125.3881...125.3885) › Section 125.3885 - Repeal of Certain Acts.

125.3885 Repeal of certain acts.
Sec. 85.
(1) The following acts are repealed:
(a) 1931 PA 285, MCL 125.31 to 125.45.
(b) 1945 PA 282, MCL 125.101 to 125.115.
(c) 1959 PA 168, MCL 125.321 to 125.333.
(2) Any plan adopted or amended under an act repealed under subsection (1) is subject to section 81(1).
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-1 - Part 1 General Provisions (125.4101...125.4104) › Section 125.4101 - Short Title.

125.4101 Short title.
Sec. 101.
This act shall be known and may be cited as the "recodified tax increment financing act".
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-1 - Part 1 General Provisions (125.4101...125.4104) › Section 125.4102 - Repeal of Statute or Section of Law; Effect.

125.4102 Repeal of statute or section of law; effect.
Sec. 102.
(1) The repeal of a statute or section of law by this act does not relinquish any penalty, forfeiture, or liability, whether criminal or civil in nature, and that statute or section of law shall be treated as still remaining in force as necessary for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture, or liability.
(2) A bond, note, or any other obligation or refunding of any obligation issued by an authority or by the municipality that created the authority under a statute or section of law repealed by this act shall continue in effect under its original terms under the corresponding part of this act.
(3) A contractual right, duty, or obligation relating to an authority under a statute or section of law repealed by this act shall continue and remain with the authority under the corresponding part of this act.
(4) A development plan or a tax increment financing plan developed by an authority under a statute or section of law repealed by this act shall remain in effect with the authority under the corresponding part of this act.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-1 - Part 1 General Provisions (125.4101...125.4104) › Section 125.4103 - Board of Authority Created Under Repealed Statute or Section of Law; Continuation in Office; Duration; Appointment.

125.4103 Board of authority created under repealed statute or section of law; continuation in office; duration; appointment.
Sec. 103.
Members of a board of an authority created under a statute or section of law repealed by this act with the same or similar name and functions shall continue in office for the duration of the terms of office for which they were appointed. Members shall be appointed under this act only as terms of the former members expire or vacancies occur. Members of the board of an authority created under a statute or section of law repealed by this act may be appointed to the new board to succeed themselves subject to any limits for the total period of service set forth in this act.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-1 - Part 1 General Provisions (125.4101...125.4104) › Section 125.4104 - Act as Recodification of Certain Existing Acts.

125.4104 Act as recodification of certain existing acts.
Sec. 104.
As this act is a recodification of certain existing tax increment financing acts, the recodification of 1975 PA 197, MCL 125.1651 to 125.1681, in part 2 is a continuation of the taxing authority authorized in section 12 of 1975 PA 197, MCL 125.1662, for purposes of section 31 of article IX of the state constitution of 1963.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4201a - Legislative Findings.

125.4201a Legislative findings.
Sec. 201a.
The legislature finds all of the following:
(a) That there exists in this state conditions of property value deterioration detrimental to the state economy and the economic growth of the state and its local units of government.
(b) That government programs are desirable and necessary to eliminate the causes of property value deterioration thereby benefiting the economic growth of the state.
(c) That it is appropriate to finance these government programs by means available to the state and local units of government in the state, including tax increment financing.
(d) That tax increment financing is a government financing program that contributes to economic growth and development by dedicating a portion of the increase in the tax base resulting from economic growth and development to facilities, structures, or improvements within a development area thereby facilitating economic growth and development.
(e) That it is necessary for the legislature to exercise its power to legislate tax increment financing as authorized in this part and in the exercise of this power to mandate the transfer of tax increment revenues by city, village, township, school district, and county treasurers to authorities created under this part in order to effectuate the legislative government programs to eliminate property value deterioration and to promote economic growth.
(f) That halting property value deterioration and promoting economic growth in the state are essential governmental functions and constitute essential public purposes.
(g) That economic development strengthens the tax base upon which local units of government rely and that government programs to eliminate property value deterioration benefit local units of government and are for the use of the local units of government.
(h) That the provisions of this part are enacted to provide a means for local units of government to eliminate property value deterioration and to promote economic growth in the communities served by those local units of government.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4202 - Authority; Establishment; Restriction; Public Body Corporate; Powers Generally.

125.4202 Authority; establishment; restriction; public body corporate; powers generally.
Sec. 202.
(1) Except as otherwise provided in this subsection, a municipality may establish 1 authority. If, before November 1, 1985, a municipality establishes more than 1 authority, those authorities may continue to exist as separate authorities. Under the conditions described in section 203a, a municipality may have more than 1 authority within that municipality's boundaries. A parcel of property shall not be included in more than 1 authority created by this part.
(2) An authority shall be a public body corporate which may sue and be sued in any court of this state. An authority possesses all the powers necessary to carry out the purpose of its incorporation. The enumeration of a power in this part shall not be construed as a limitation upon the general powers of an authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4203a - Authority of Annexing or Consolidated Municipality; Obligations, Agreements, and Bonds.

125.4203a Authority of annexing or consolidated municipality; obligations, agreements, and bonds.
Sec. 203a.
If a downtown district is part of an area annexed to or consolidated with another municipality, the authority managing that district shall become an authority of the annexing or consolidated municipality. Obligations of that authority incurred under a development or tax increment plan, agreements related to a development or tax increment plan, and bonds issued under this part shall remain in effect following the annexation or consolidation.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4203b - Ratification and Validation of Ordinance and Actions; Compliance.

125.4203b Ratification and validation of ordinance and actions; compliance.
Sec. 203b.
(1) An ordinance enacted by a municipality that has a population of less than 50,000 establishing an authority, creating a district, or approving a development plan or tax increment financing plan, or an amendment to an authority, district, or plan, and all actions taken under that ordinance, including the issuance of bonds, are ratified and validated notwithstanding that notice for the public hearing on the establishment of the authority, creation of the district, or approval of the development plan or tax increment financing plan, or on the amendment, was not published, posted, or mailed at least 20 days before the hearing, if the notice was published or posted at least 15 days before the hearing or the authority was established in 1984 by a village that filed the ordinance with the secretary of state not later than March 1986. This section applies only to an ordinance adopted by a municipality before February 1, 1991, and shall include any bonds or amounts to be used by the authority to pay the principal of and interest on bonds that have been issued or that are to be issued by the authority, the incorporating municipality, or a county on behalf of the incorporating municipality. An authority for which an ordinance or amendment to the ordinance establishing the authority has been published before February 1, 1991 is considered for purposes of section 203(4) to have promptly filed the ordinance or amendment to the ordinance with the secretary of state if the ordinance or amendment to the ordinance is filed with the secretary of state before October 1, 1991. As used in this section, "notice was published" means publication of the notice occurred at least once.
(2) A development plan and tax increment financing plan approved by a resolution adopted by the village council of a village having a population of less than 3,000 before June 15, 1988 rather than by adoption of an ordinance is ratified and validated, if an amendment to the plans was adopted by the village council in compliance with sections 18 and 19.
(3) A development plan and tax increment financing plan approved by a resolution adopted by the village council of a village having a population of less than 7,000 before June 1, 1998 rather than by adoption of an ordinance is ratified and validated if an amendment to the plans was adopted by the village council in compliance with sections 18 and 19.
History:
2018, Act 57, Eff. Jan. 1, 2019