HOUSE BILL NO. 6361

November 12, 2020, Introduced by Reps. Coleman and Steven Johnson and referred to the Committee on Government Operations.

"An act to authorize cities, villages and townships of this state to designate neighborhood areas for the purpose of planning and carrying out local public improvements for the prevention of blight within such areas; to authorize assistance in carrying out plans for local improvements by the acquisition and disposal of real property in such areas; to provide for the combining of neighborhood improvements that benefit the entire neighborhood into 1 improvement project; to provide for the establishment of local assessment districts coterminous with the neighborhood boundaries; to prescribe the methods of financing the exercise of these powers, and to declare the effect of this act,"

by amending sections 3 and 10 (MCL 125.943 and 125.950).

the people of the state of michigan enact:

Sec. 3. (1) The following plans, statements, and actions are hereby made requisite for, and a condition of, the exercise of the powers herein granted under this act for the acquisition, disposal, or lease of real property for the carrying out of a neighborhood betterment plan in a neighborhood area: ;

(a) A master plan of the municipality approved by the planning commission and adopted by the legislative body, or a master plan sufficiently advanced to permit the designation of neighborhood areas and so approved and adopted. ;

(b) A plan of neighborhoods that sets forth precisely, the location of neighborhood areas within the municipality, approved by the planning commission, and which has been adopted by the legislative body. Such a The plan described in this subdivision must conform with the master plan of the municipality. ;

(c) A neighborhood betterment plan approved by the planning commission and adopted by the legislative body after a public hearing thereon as hereinafter provided of in this act for the neighborhood area in which is located the land proposed to be acquired for improvement purposes.

(2) Such The plan described in subsection (1) shall designate the location, extent, character, and estimated cost of the improvements contemplated for the area, ; and may include any or all 1 or more of the following improvements:

(a) Partial or total vacation of plats. , or replatting;

(b) Replatting, opening, widening, straightening, extending, vacating, or closing streets, alleys, or walkways. ; locating

(d) Paving of streets, alleys, or sidewalks in special situations. ; acquiring

(e) Acquiring parks, playgrounds, or other recreational areas or facilities. ; elimination

(f) Elimination of nonconforming uses. ; rehabilitation

(g) Rehabilitation of blighted areas. ; street

(h) Street tree planting. ; green

(i) Green belts , or buffer strips. and other

(j) Other appropriate public improvements.

(3) The plan shall also include a feasible method for the relocation of families who will be displaced from the area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such those families.

(4) The local legislative body, prior to adopting a neighborhood betterment plan, shall hold a public hearing. thereon. Notice Through December 31, 2021, notice of time and place of such hearing shall be given by publication in a newspaper of general circulation not less than 30 days prior to the date set for such hearing. Beginning January 1, 2022, the local legislative body shall post notice as provided in the local government public notice act not less than 30 days prior to the date set for the hearing. Notice of such the hearing shall be mailed at least 15 days before such the hearing to the last known owner of each parcel of land in such the area at the last known address of such the owner as shown by the records of the assessor. Such The notice shall contain a description of the neighborhood area. For purposes of this notice it shall be sufficient to describe the neighborhood area by its location in relation to highways, streets, streams, or otherwise. Such The notice shall further contain a statement that maps, plats, and a particular description of the betterment plan are available for public inspection at a suitable place to be designated in such the notice. At the time set for hearing, the local legislative body shall provide an opportunity for all persons interested to be heard and shall receive and consider communications in writing. with reference thereto.

Sec. 10. On and after the date when a plan has been approved for the betterment of a neighborhood area by the legislative body, no permit shall be issued for building construction, sidewalks, drainage systems, or other major improvements done on properties indicated for public improvements which are not in accordance with the plans officially adopted and made effective by the legislative body. : Provided, however, That However, the legislative body shall provide by ordinance that the zoning board of appeals, if the municipality has such a zoning board of appeals, or, if not, then a board of appeals created for such that purpose, shall have the power on appeal filed with it by the owner of real property in the area to approve a minor deviation from the plan for the area in any case in which such the board finds upon the evidence presented to it that the application of the plan results in unnecessary hardship or practical difficulties and a minor deviation from the betterment plan is required by consideration of justice and equity. Before taking any such action, the board shall hold a public hearing thereon, on that issue, and, through December 31, 2021, provide at least 10 days' notice of time and place of which shall be given the hearing by public notice in a newspaper published or circulated generally in the municipality. and by Beginning January 1, 2022, the legislative body shall post notice as provided in the local government public notice act at least 10 days prior to the public hearing. In addition, the legislative body shall also provide notice to all property owners within the neighborhood area, such notice to be by mail addressed to the respective owners at the address given in the last assessment roll.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.