Basic Planning Notification and Adoption Requirements

This newsletter attempts to provide counties, townships, cities, and villages with a brief summary of information required to comply with changes to the planning enabling acts that occurred when Public Acts 263 (townships), 264 (counties), and 265 (municipalities) of 2001 were passed.  Refer to the acts for complete requirements.

One of the changes relates to the need for those performing a plan to notify others at the beginning of the process and at the end of the process to ask for comments.  The comments are advisory only. 

Townships and municipalities (cities or villages) must notify all townships, cities, or villages within or contiguous to the township or municipality.  Townships and municipalities must notify the county planning commission.  If the county does not have a planning commission, the regional planning commission will be notified (entities are encouraged to notify the regional body even if a county planning commission exists).  Townships and municipalities also must notify (if they register their names with the township/municipality for such purpose) public utility companies, railroad companies owning and operating within the township/municipality, and any government entity.  

Counties must notify all of cities, villages, and townships within the county – plus all of the surrounding counties and townships/municipalities that are contiguous to the county.  Counties also must notify the regional planning commission and  (if they register their names with the county for such purpose) public utility companies, railroad companies owning and operating within the county, and any government entity.

Prior to entities asking for comments from the bodies listed above, the planning commission must present the proposed plan to the elected body (township board, county board of commissioners, or elected municipal body) who must approve distribution of the plan – to the same group that received notice of the planning effort.  Utilities and railroads can be charged for copies and mailing costs.

Cities, villages, and townships (and public utilities, etc.) have 65 days to comment on plans – to the entity being reviewed and the county planning commission or county board of commissioners.  Counties can respond not less than 75 days and not more than 95 days on plans submitted for their review (to allow them time to receive comments from cities, villages, townships, etc.).  Comments should reflect if it is felt that a plan is inconsistent with other plans.  Again, these comments are advisory only.   

After the comment period public hearings must be held.  Townships must publish notice of a hearing twice in a newspaper of general circulation in the township.  The first publication shall be not more than 30 days or less than 20 days before the date of the hearing.  The second shall be not more than 8 days before the hearing.  County plans require a public hearing, but there are no guidelines for publication, except that it will follow the comment deadline.  Municipalities must hold not less than one public hearing.  Notice must be published in a newspaper of general circulation in the municipality not less than 15 days before the hearing.

Adoption by the planning commission is the final step in all three types of plan unless the elected body (county board of commissioners, township board, and elected municipal body) by resolution has asserted its right to approve or reject the plan.  All bodies receiving initial notice of the planning effort will be mailed a copy of the final adopted plan.

At least every five years after adoption of the plan, the planning commission (township, county, municipal) shall review the plan and determine whether to commence the procedure to amend the plan or adopt a new plan.

You can link to Public Acts 263, 264, and 265 on our website (at www.wmrpc.org).  In the Links section, go to “Other Local, State, and National Links” and then click on “search for Public Acts” under the State of Michigan – Michigan Legislature.  At the State’s search page, enter the Public Act Number and the year (2001) and click the Search button.

In Memoriam

James Cheron, Mayor of Cedar Springs, passed away September 28, 2005 after a brief illness.  Mr. Cheron served as Mayor for the past three years and two additional terms on the Cedar Springs City Council.     

Community Photos

Do you have photos that you’d like to share with us?  We’re looking for photos of communities within our region for our website and would love to add your favorites.  Please e-mail photos to webmaster@wmrpc.org.  Thank you!

Grant and Loan Opportunities Report

This popular resource was updated earlier this year and is available on our website (at www.wmrpc.org – in the Data and Information section).  The report contains lists of state and federal grant and loan programs available to communities for roads, water and sewer system improvements, parks and recreation, economic development, housing, natural resource protection, planning, and other community development needs.  This year, some private and community foundations are also included.

The list provides a broad range of opportunities, but is not intended to be all-inclusive.  Also, grant programs are subject to change.  A final point to remember when using this resource is the importance of using programs to implement your community’s goals.  On their own, the grants and loans should not be used as goals.

Scheduled 2006 Meeting Dates

WMRPC Board

CEDS Committee

All meetings are scheduled for 9:30 a.m. at the offices of the WMRPC except the December 9 Board Meeting.  Notice of time and location will be available closer to the actual meeting.