Bill Text: MI SB0369 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Education; facilities; school building site approval by local unit of government; require, and prescribe criteria for site plan approval by superintendent of public instruction. Amends sec. 1263 of 1976 PA 451 (MCL 380.1263).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-03-12 - Referred To Committee On Education [SB0369 Detail]

Download: Michigan-2009-SB0369-Introduced.html

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SENATE BILL No. 369

 

 

March 12, 2009, Introduced by Senators OLSHOVE and SCOTT and referred to the Committee on Education.

 

 

 

     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 site plans for

 

those school buildings. The superintendent of public instruction

 

shall not approve a site plan for a school building unless the

 

superintendent of public instruction determines that the site plan

 

meets all requirements and recommendations of department bulletin

 

412.

 

     (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 submitting obtaining

 

the approval of the local unit of government. To obtain this

 

approval, the governing board shall submit the site plan to the

 

local zoning authority unit of government for administrative review

 

and approval as provided under this subsection. Not later than 60

 

days after receiving the site plan, the local zoning authority unit

 

of government shall respond to the governing board with either a

 

written notice that the local zoning authority concurs with unit of

 

government approves the site plan or with written suggested changes

 

to the site plan. If the local zoning authority unit of government

 

does not respond to the governing board with either of these

 

options, the governing board shall be considered to have received a

 

written notice of concurrence approval from the local zoning

 

authority unit of government. 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 unit of government with a revised site plan that

 

incorporates the changes or with an explanation of why the changes

 

are not being made. The local unit of government shall then approve

 

or disapprove the site plan. 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 unit of government, 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.

 

     (6) (7) A local zoning authority unit of government 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 unit

 

of government under subsection (4) for the specific project

 

involved.

 

     (7) (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.

 

     (a) (b) "Local zoning authority unit of government" means the

 

zoning authority for the jurisdiction city, village, or township in

 

which the construction or expansion of a high school building is to

 

occur.

 

     (b) "School building" means any structure or facility that is

 

used for instructional purposes.