§ 32-39. Submission of proposed plan to village council; approval; notice to certain entities; review and comment; advisory statements.

(a)

The municipal plan may be adopted as a whole or by successive parts corresponding with major geographical areas of the village or with functional subject matter areas of the plan.

(b)

After preparing a proposed plan, the planning commission shall submit the proposed plan to the village council for review and comment. The process of adopting a plan shall not proceed further unless the village council approves the distribution of the proposed plan.

(c)

If the village council approves the distribution of the proposed plan, it shall notify the secretary of the planning commission, and the secretary shall submit a copy of the proposed plan, for review and comment, to all of the following:

(1)

The planning commission.

(2)

The regional planning commission, if any, if there is no county planning commission. If there is a county planning commission, the secretary of the planning commission may submit a copy of the proposed plan to the regional planning commission but is not required to do so.

(3)

The county planning commission, or, if there is no county planning commission, the county board of commissioners. The secretary of the planning commission shall concurrently submit to the county planning commission or, if there is no county planning commission, the county board of commissioners a statement, signed by the secretary, that the requirements of subsections (c)(1) and (2) have been met. The statement shall include the name and address of each planning commission or legislative body to which a copy of the proposed plan was submitted under subsection (c)(1) or (2) of this section and the date of submittal.

(4)

Each public utility company and railroad company owning or operating a public utility or railroad within the village and any government entity that registers its name and address for this purpose with the secretary of the planning commission. An entity that, pursuant to this subsection, receives a copy of a proposed plan or of a plan as provided in section 32-40(e) shall reimburse the village for any copying and postage costs thereby incurred by village.

(d)

An entity described in subsection (c)(1), (2), or (4) of this section may submit comments on the proposed plan to the planning commission within 63 days after the proposed plan was submitted to that entity under subsection (c) of this section.

(1)

If the county has a county master plan, a statement whether the county planning commission considers the proposed master plan to be inconsistent with the county master plan.

(e)

Not less than 75 days or more than 95 days after the date the proposed plan was submitted to the county planning commission or the county board of commissioners under subsection (c) of this section, the county planning commission or the county board of commissioners, respectively, shall submit to the planning commission its comments on the proposed plan. The comments shall include but need not be limited to both of the following, as applicable:

(1)

A statement whether the county planning commission or county board of commissioners, after considering any comments received under subsection (d) of this section, considers the proposed plan to be inconsistent with the plan of the village, or region described in subsection (c)(1) or (2) of this section.

(2)

If the county has a county plan, a statement whether the county planning commission considers the proposed plan to be inconsistent with the county plan.

(f)

The statements provided for in subsections (e)(1) and (2) of this section are advisory only.

(Ord. No. 514, 3-19-2012)

State law reference

Similar provisions, MCL 125.37b.