Bill Text: MI HB4659 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; facilities; site plans for school buildings; require to comply with local zoning requirements. Amends sec. 1263 of 1976 PA 451 (MCL 380.1263).

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2015-06-03 - Printed Bill Filed 06/03/2015 [HB4659 Detail]

Download: Michigan-2015-HB4659-Introduced.html

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HOUSE BILL No. 4659

 

June 2, 2015, Introduced by Reps. McCready, Rendon, Kesto and Schor and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1263 (MCL 380.1263), as amended by 2006 PA 276.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1263. (1) The board of a school district shall not build

 

a school upon a site without having prior title in fee to the site,

 

a lease for not less than 99 years, or a lease for not less than 50

 

years from the United States government, or this state, or a

 

political subdivision of this state.

 

     (2) The board of a school district shall not build a frame

 

school on a site for which it does not have a title in fee or a

 

lease for 50 years without securing the privilege of removing the

 

school.

 

     (3) The governing board of a public school shall not design or

 

build a school building to be used for instructional or

noninstructional school purposes or design and implement the design

 

for a school site unless the design or construction is in

 

compliance with 1937 PA 306, MCL 388.851 to 388.855a. The

 

superintendent of public instruction has sole and exclusive

 

jurisdiction over the review and approval of plans and

 

specifications for the construction, reconstruction, or remodeling

 

of school buildings used for instructional or noninstructional

 

school purposes. and, subject to subsection (4), of The

 

superintendent of public instruction and the local zoning authority

 

have concurrent jurisdiction over site plans for those school

 

buildings. The local zoning authority shall exercise its

 

jurisdiction over site plans in the manner provided under

 

subsection (4).

 

     (4) Unless the site is located within a city or village, the

 

The governing board of a public school shall not build or expand a

 

high school building on a site without first obtaining zoning

 

approval from the local zoning authority and submitting the site

 

plan to the local zoning authority for administrative review as

 

provided under this subsection. review and approval. Not later than

 

60 days after receiving the a site plan, the local zoning authority

 

shall respond to the governing board with either a written notice

 

that the local zoning authority concurs with approves the site plan

 

or with written suggested changes to requirements to conform the

 

site plan to local ordinances. If the local zoning authority does

 

not respond to the governing board with either of these options,

 

within this time period, the governing board shall be considered to

 

have received a written notice of concurrence approval of the site

plan from the local zoning authority. If there are written

 

suggested changes, then not later than 45 days after receiving the

 

written suggested changes, the governing board shall respond to the

 

local zoning authority with a revised site plan that incorporates

 

the changes or with an explanation of why the changes are not being

 

made. This subsection applies to expansion of a high school

 

building only if the expansion will result in the square footage of

 

the high school building being increased by at least 20%. This

 

subsection does not apply to temporary structures or facilities

 

that are necessary due to unexpected enrollment increases and that

 

are used for not more than 2 years.

 

     (5) If mutually agreed by the governing board and the local

 

zoning authority, the time periods in subsection (4) may be

 

extended.

 

     (6) The communication required under subsection (4) between a

 

governing board and a local zoning authority is for informational

 

purposes only and does not require the governing board to make any

 

changes in its site plan. Once the process prescribed under

 

subsection (4) is complete, this section does not require any

 

further interaction between the governing board and a local zoning

 

authority.

 

     (7) A local zoning authority shall not charge a governing

 

board a fee for the process prescribed under subsection (4) that

 

exceeds $250.00 for an administrative review or $1,500.00 for total

 

costs incurred by a local zoning authority under subsection (4) for

 

the specific project involved.

 

     (5) (8) As used in this section, :

     (a) "High school building" means any structure or facility

 

that is used for instructional purposes, that offers at least 1 of

 

grades 9 to 12, and that includes an athletic field or facility.

 

     (b) "Local "local zoning authority" means the local unit of

 

government that is exercising zoning authority for within the

 

jurisdiction in which the construction or expansion of a high

 

school building is to occur.where the property at issue is located.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.