§ 4384. Preparation of plan; hearings by planning commission
(a) A municipality may have a plan. Any plan for a municipality shall be prepared by
the planning commission of that municipality. At the outset of the planning process
and throughout the process, planning commissions shall solicit the participation of
local citizens and organizations by holding informal working sessions that suit the
needs of local people. An amendment or repeal of a plan may be prepared by or at
the direction of the planning commission or by any other person or body.
(b) If any person or body other than a municipal planning commission prepares an amendment
to a plan, that person or body shall submit the amendment in writing and all supporting
documents to the municipal planning commission. The planning commission may then
proceed as if the amendment had been prepared by the commission. However, if the
proposed amendment is supported by a petition signed by not less than five percent
of the voters of the municipality, the planning commission shall correct any technical
deficiency and shall, without otherwise changing the amendment, promptly proceed in
accordance with subsections (c) through (f) of this section as if it had been prepared
by the commission.
(c) When considering an amendment to a plan, the planning commission shall prepare a written
report on the proposal. The report shall address the extent to which the plan, as
amended, is consistent with the goals established in section 4302 of this title. If the proposal would alter the designation of any land area, the report should
cover the following points:
(1) The probable impact on the surrounding area, including the effect of any resulting
increase in traffic, and the probable impact on the overall pattern of land use.
(2) The long-term cost or benefit to the municipality, based upon consideration of the
probable impact on:
(A) the municipal tax base; and
(B) the need for public facilities.
(3) The amount of vacant land which is:
(A) already subject to the proposed new designation; and
(B) actually available for that purpose, and the need for additional land for that purpose.
(4) The suitability of the area in question for the proposed purpose, after consideration
of:
(A) appropriate alternative locations;
(B) alternative uses for the area under consideration; and
(C) the probable impact of the proposed change on other areas similarly designated.
(5) The appropriateness of the size and boundaries of the area proposed for change, with
respect to the area required for the proposed use, land capability, and existing development
in the area.
(d) The planning commission shall hold at least one public hearing within the municipality
after public notice on any proposed plan or amendment.
(e) At least 30 days prior to the first hearing, a copy of the proposed plan or amendment
and the written report shall be delivered physically or electronically with proof
of receipt, or mailed by certified mail, return receipt requested, to each of the
following:
(1) the chair of the planning commission of each abutting municipality, or in the absence
of any planning commission in an abutting municipality, to the clerk of that municipality;
(2) the executive director of the regional planning commission of the area in which the
municipality is located;
(3) the Department of Housing and Community Development within the Agency of Commerce
and Community Development; and
(4) business, conservation, low-income advocacy, and other community or interest groups
or organizations that have requested notice in writing prior to the date the hearing
is warned.
Any of the foregoing bodies, or their representatives, may thereafter submit comments
on the proposed plan or amendment to the planning commission, and may appear and be
heard in any further proceeding with respect to the adoption of the proposed plan
or amendment. The planning commission shall demonstrate that it has solicited comment
from planning commissions of abutting municipalities and from the regional planning
commission with respect to the compatibility of their respective plans with its own
plan.
(f) The planning commission may make revisions to the proposed plan or amendment and to
any written report, and shall thereafter submit the proposed plan or amendment and
any written report to the legislative body of the municipality. However, if requested
by the legislative body, or if a proposed amendment was supported by a petition signed
by not less than five percent of the voters of the municipality, the planning commission
shall promptly submit the amendment, with changes only to correct technical deficiencies,
to the legislative body of the municipality, together with any recommendation or opinion
it considers appropriate. Simultaneously with the submission, the planning commission
shall file with the clerk of the municipality a copy of the proposed plan or amendment,
and any written report, for public review. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 8, eff. April 11, 1972; 1981, No. 132 (Adj. Sess.), § 9; 1987, No. 200 (Adj. Sess.), § 11, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 8; 1995, No. 190 (Adj. Sess.), § 1(a); 2017, No. 197 (Adj. Sess.), § 14.)