37-:— mE “7301:" PROGRAM m M-smzw: A may AND Evawmou Thesis. for the {Eegree' of” M. is; mama arm unwsfism JosEPH Jamalmams 1%? VHES‘S L I13 R A R 1’ Michigan State University THE "701" PROGRAM IN MICHIGAN: A REVIEW AND EVALUATION by Joseph.John Gillings A THESIS Submitted to the College of Agriculture of Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE Department of Resource Development 1967 TABLE OF CONTENTS Chapter I. INTRODUCTION '00.0.0000...OOOOOOOOOOOOOOOOOOOOOO. l The "701" PrOgram The "701" PrOgram in.Michigan II. THE OFFICE OF ECONOI'IIG EXPANSION 0000000000000. 12 Division Responsibilities The Planning Division Split III. THE PROGRAM ADI‘IEINISTRATION ooooooeooooeoeooeooo 22 The Federal Role The Local Role The Regional Planning Commission The State Role The Planning Consultant The Tri-Party Contract The Application Process IV 0 COMPREHEN'SIVE COMTflJNITY PLANNIIQG- o o o o 0.0 e o o o o o o o 43 Eligible Planning Activities Eligible Work for State Planning Variation in Eligibility of Work for Regional and.Metr0politan Areas Ineligible Planning Activities Eligible and Ineligible Costs Cost Limitations Basic Studies and Preliminary Planning Recommendations Final Planning PrOposale Continuing Planning Services PrOgram Objectives and the Comprehensive Plan Report v. "701" — PAST, PRESENT AND FUTURE IN I-IICHIGAN .. 70 The Past The Present The Future 11 VI. EVALUATIOIQ. .0.0000000000.0000000000000000000000 82 Summary Limitations VII. RECOMMENDATIONS AND CONCLUSIONS ............... 88 APPENDH .0.0.0.0....0.0.0.0000...IOOOOOOOOOOOOOOOOO... 97 BIBLIOGRAHIY O O O O o O 0 O O. O O O O O O O. O O O O 0.. O O O 0 .0 O. O .0 O O O. O O 135 iii r . d- l I O 3 O ' O... *9... F '00. to". .’ O O n U " Q 0 A O 1 O I 4' C O I 0.5 0.. I CHAPTER I INTRODUCTION The ”701" PrOgram The tremendous urban growth of recent years has focused na- tional attention and concern on the common prdblems of urban and rural areas experiencing the difficulties of urbanization. Eighty percent of our population increase in the past decade has been in our metropolitan centers. Seventy percent of the pOpulation now lives in cities and urbanized areas. Many of the residents of smaller towns are feeling the impact of a modern transportation network on their formerly stable and tranquil communities. Continued urbanization will occur in the decades ahead, not only in our metropolitan centers but in our small towns and villages as well.1 The Urban Planning Assistance PrOgram has been established to help communities, metrOpolitan areas, and states to provide the planning necessary for this growth and to prevent the prdblems of unplanned suburbanization, sprawl and undesirable develOpment. As herein referred, 1U.S., Housing and.Home Finance Agency, The Urban Planning Assistance PrOgram: Fact Sheet, December 1964. community includes all political subdivisions including cities, villages and townships of less than 50,000 persons;2 counties, regardless of population; states; and combinations thereof. This point is more definitively explained in Chapter III. The Urban Planning Assistance PrOgram is one of the federal programs administered by the United States Department of Housing and.Urban DevelOpment (formerly the Housing and Home Finance Agency). It is more popularly referred to as the "701 PrOgram9 because it is authorized by Section 701 of the Housing Act of 1954, as amended. Section 701 makes possible federal grants to supplement state and local funds for the purpose of financing comprehensive urban planning activities. These grants may not exceed two-thirds of the total cost of an urban planning prOgram. Exceptions to this grant limita— tion would exist for communities situated in redevelopment areas designated under the provisions of the Economic Devel- opment Act; or in areas experiencing high unemployment resul- ting from a decline in government 30bs or purchases as deter- mined by the Department of Housing and‘Urban DevelOpment.3 Grants in these instances may amount to as much as three- fourths of the project cost and have no population limitation. (See Chapter III) State or local sources must provide the balance in all cases; and in most cases the two-thirds or 2Originally less than 25,000 pOpulation. 3U.S., Housing and Home Finance Agency, loo. cit. three-fourths federal share must be requested by the state and flow to the community through the state. A cOpy of Section 701 of the Housing Act of 1954, as amended through August 10, 1965 appears in Appendix A. In summary, the purpose of the Urban Planning Assistance Pragram is: l. 3. To assist state and local governments in solving planning prOblems resulting from the increasing concentration of population in metrOpolitan and in other urban areas, including smaller communities. To facilitate comprehensive planning for urban develOpment, including coordinated transportation systems, on a continuing basis. To encourage state and local governments to estab- lish and improve planning staffs. These Objectives can be achieved.by: 1. 2. The increasing of public awareness in regard to the comprehensive planning process and the demonstrating of the economic and social values to be gained by incorporating this process in the deve10pment of an urban area. The encouragement of apprOpriate legislative bodies to participate in the planning process and to give official recOgnition to the policies and goals embodied in the Comprehensive DevelOpment Plan. 3. The developing of the administrative, financial, and organizational measures necessary to implement the Comprehensive DevelOpment Plan through both public policies and prOgrams, and the deve10pmental activi- ties of private individuals and agencies. 4. The planning, to the maximum extent feasible, for entire urban areas having common or related urban develOpment problems. The term "entire urban area" refers to a whole urban and urbanizing area regard- less of Jurisdictional boundaries or limits. 5. The increasing of c00peration between state and local governments and among neighboring local governments in their comprehensive planning. 6. The increasing of the use of professional staff services, on a continuing basis, in the conduct of 4 comprehensive planning activities. The "701" PrOgram in Michigan The 701 PrOgram in Michigan had a long delayed beginning, 4U.S., Housing and Home Finance Agency, Urban Planning PrOgram Guide, Chapter 1-1, pp. 1-2. and for various reasons has been somewhat of a waif ever since. The federal requirement that each state have a state planning agency created a serious prOblem in the early years in.Michigan because no such agency existed. In fact, the Michigan legislature had recently dissolved the state plan- ning agency. In 1954, planning was not new to Michigan. Under the provi- sions of Act 195 of the Public Acts of 1931 and Act 218 of the Public Acts of 1937 as amended, Michigan had state plan- ning as early as 1934.5 However, it was not until Act 218 of the Public Acts of 1937 was passed by the legislature and signed by Governor Frank Murphy that the Michigan Planning Commission officially arrived. Under the provisions of Act 195, P.A. 1931, it was necessary for the interim commission to be appointed annually, but despite its more permanent cre- ation in 1937 through Act 218, the legislature was lukewarm to the new agency. Its function was to coordinate surveys, inventories, and investigations; and serve as a central state agency for information on natural resources, their rate of depletion or renewal, and the prdbable future of industries and communities dependent on these resources. (However, planning in the 30's was usually restricted to individual economic "pump-priming“ efforts rather than state-wide re- source develOpment prOgramming.) In spite of this neble 5William Carl Roman, "State Planning in Michigan" (unpublished.Master's thesis, Graduate Division, Wayne State University, 1964), p. 5. purpose, legislative interest waned until the mid-war years. According to Miss Jessie Bourquin, research analyst with the (Michigan) Office of Economic Expansion, the national and Michigan concern over a possible post war recession prompted a renewed interest in the Planning Commission and an expan- sion of the commission from the original eleven members to fifteen. (Three of the new members were legislators: the Chairman of the Ways and.Means Committee of the House of Representatives, the Speaker of the House, and the Chairman of the Senate Finance and Appropriations Committee.) This concern also precipitated the passage of (Michigan) Act 57 in 1944. Act 57 provided five million dollars as a grant— inpaid prOgram to be distributed among all levels of local government, including school districts, for the purpose of assisting in various surveys, studies, and public works plan— ning. (This was a non-federal aid prOgram.) The money was to be distributed on the basis of an elaborate formula de— fined by the Act. Four million dollars were to be adminis- tered by the State Planning Commission, and one million by the Highway Department. Much dissatisfaction resulted when it was determined that the sum was grossly insufficient. For reasons of political expediency, the legislature was quick to accuse the Planning Commission of poor administration practices. Also, the director, Donald Weeks had not been on the best of terms with the legislature. Further, in 1946 and 1947 it was realized that the ominous recession expected was not going to materialize, and interest was turning to expan- sion of the peace-time economy and industrial develOpment, and away from land planning as a function of state government. As a result, the Michigan Planning Commission was replaced on.Ju1y 1, 1947 by the (Michigan) Department of Economic Deve10pment by the passage of Act 302 of the Public Acts of 1947.6 Section 1 of Act 302 stated that: "There is hereby created a department of the state government to be known as the department of economic development, which shall serve to advance the welfare and prosperity of the peeple by encouraging and seeking the proper use of the state's resources and the development of its communities, areas and industries dependent thereon and which shall take over the records and preperty of the Michigan planning commission: Provided, that this act shall in no way reestab- lish the work of the Michigan planning commission." Although many of the activities of the Michigan Planning Commission were transferred to Economic Development, the legislature made it clear that it wanted no part of a com- parable involvement by the new department. Seven years later, when the 701 PrOgram came into being, no legislation existed which would allow the state to provide the necessary administrative services and apply to the fed- eral government for this assistance for Michigan communities. The 701 PrOgram was six years old before the legislature acted, and even then it did not place the responsibility 6Ibid., p. 6. with the Economic Development Department. This occurred for two principal reasons: unfortunate memories of the old Mich- igan Planning Commission; and a philosOphical distaste for community planning as a function of government.7 Consequently the necessary legislation was slow in coming and weak on arrival. Act 110 of the Public Acts of 1960 placed the responsibility for administering the 701 Pregram in Michigan with the De- partment of Administration by amending Act 51, P.A. 1948 as follows: "Department of administration; planning service to local units of government, expenditure of federal grants. (M.S.A. 3.516(17)) Sec. 17. Upon the request of the governing body of any city, village, county, township or regional planning district, the department is authorized to apply for and accept grants from the federal government for planning assis- tance for said local units of government, which includes but is not limited to surveys, land use studies, urban renewal plans, technical services and other planning work. State costs, if any, shall be reimbursed to the state by the local municipalities. The department may accept and expend grants from the federal government and other public or private sources, contract with reference thereto, and enter into other contracts and exercise all other powers neces- sary to carry out the purposes of this section. This act is ordered to take immediate effect. Approved April 26, 1960." Under the circumstances, the placement of the 701 Program in the Department of Administration may not have been too illogical. First, there was no state planning agency. 71b1d., p. 7. e-.‘ Secondly, the legislature had no appetite for an involvement greater than paper shuffling, and it insured this minimal involvement by prohibiting any state financial participation. Thirdly, the Department of Administration was performing a similar type of function through its involvement with the State Building Commission, State Building Authority, State Administrative Board, etc. Mr. Walter MCVickers of the Building Division was designated as Michigan's 701 administrator. However, it soon became Obvious that the program needed someone with an understanding and knowledge of the community planning process to handle technical guidance and review. Consequently Mr. Sanford Farness, Director of the Tri-County Regional Planning Commis- sion, Lansing, was hired in September 1960. In May of 1962, Mr. Farness was succeeded by Mr. William C. Roman of the Detroit City Plan Commission.8 Shortly after his arrival, Mr. Roman.undertook the reintro- duction of statewide comprehensive planning. Fifteen years had elapsed since the demise of the "old” Michigan Planning Commission and the concept of planning was again receiving national acceptance. Undoubtedly, the availability of vari- ous forms of federal assistance again, as in the 1930's, pro- vided the motivation. (See Appendix A, Section 701 (a) (5).) By late summer, a state resource planning program was designed 8Interview with.Mrs. Terrence Richter, Secretary, Michigan State Resource Planning Pregram, March 16, 1966. 10 and in October 1962, Michigan was awarded a $752,000. grant by the Housing and Home Finance Agency. This money was matched by $376,000. of state funds. Both the 1225; planning pregram and the 2323; resource development program are auth- erised and administered under the provisions of Section 701 of the Housing Act of 1954, as amended. (For a more detailed review, the reader is referred to a thesis on the subject by "1111“ Ce Roman.) Mr. Roman remained as head of the program through December 1965 and was succeeded by Mr. Ross Lowes, Chief of the Com- munity Planning Division, and.Mr. William Fucik, Technical Director of the State Resource Planning Program. (This split into two divisions is described in Chapter II.) 0n.May 10, 1963 Governor Romney signed Act 116 (Enrolled House Bill No. 344) which created the Department of Economic Expansion and at the same time transferred the 701 Pragram from the Department of Administration to the Department of Economic ExPansion. This was accomplished by Section 6 of Act 116. Section 8 repealed Act 110, P.A. 1960. (See Appendix B) Unfortunately, the powers, duties, and source of funds re- mained unchanged. Governor Romney's office did not support efforts by Mr. Roman and others to have the legislation broadened or strengthened. The 701 PrOgram, therefore, had to continue to sustain itself as a division within the De- partment of Economic Expansion on a 7% administrative fee ll assessed to all local pregrams. This fee was introduced by Mr. Farness early in the pragram and was the only source of support until 1964 when the Attorney General's Office inter- preted Act 116 to allow for a legislative apprOpriation to be made to the division under the provisions of Section 4(h).9 Despite this, it was necessary to increase the 7% administra- tive fee to 12% in July 1966 because the legislature never provided sufficient assistance. On December 8, 1965 Governor Romney signed Executive Order No. 22 which created the State Department of Commerce under ‘the provisions of the Executive Organization Act of 1965 (Act 380, P.A. 1965). This order became effective December 12, 1965 and transferred the Department of Economic Expansion and all its subdivisions to the Department of Commerce. As a result of this transfer, the Department of Economic Expan- sion became the Office of Economic Expansion, a division of the Department of Commerce. This will be discussed in Chapter 11. Despite the "pillar-to—post" handling of the 701 Pregram by Michigan's elected officials, Michigan ranked fourth (behind California, Illinois and Pennsylvania) in total local prOgram participation as of June 30, 1965.10 QMichigan Department of Economic Expansion, Planning Division, "Status, PrOgram, Budget", September 17, 1965, p.4. 10U.S., Housing and Home Finance Agency, Urban Planning Assistance Pregram: Proiect Directory, June 30, 196i, p.4. ' a 1. K r l 4 l . ' e ' i ' I re. ' t ‘ I e , ‘. I , 'I v . . A ! ’ v . ‘ . . s ’ 1 _ u a ) e . . ' ‘ . . ~ 7 7 I v ’ e 1 . ‘ o . Q - I . . 1 v I - . 7 _ ‘ . f ' i u . i _ H O - '- v e A A 1 | , , . . . - , ' ‘ ‘ . e , w , A - . . _ ' - A r _ . . w v ‘ O b _ .- ' ' "v ‘. ‘ U - -" ' . _ " " " ’- ' -‘ . . -v V _._...‘ O ‘ r ' v > e . . _ - \ l . v , . CHAPTER II THE OFFICE OF ECONOMIC EXPANSION Through the office of the Executive Director and the Admin- istration Division; the Industrial Development Division, the Information Division, the Research Division, the International Trade Division, and the Planning Division, constitute the line agencies of the Office of Economic Expansion. In addi- tion, two advisory units are appointed; one by the Governor, and one by the Executive Director with the Governor's approval. This is done for the purpose of assisting in the establishment of the overall policies, organization, and other activities necessary to effectively and efficiently carry out the Office of Economic Expansion's statutory responsibilities as identi- fied in Act 116 of the Public Acts of 1963. Division Responsibilities Industrial Develogment Division 1. To assist and encourage Michigan industry to expand in Michigan. 2. To assist and encourage Michigan firms that deem it 12 4. 5. 13 necessary to shift locations to relocate in Michigan. To seek and find industrial prospects from other states and to assist and encourage them to locate in Michigan. To provide information and information services to industrial prospects. To provide a current file on available buildings and industrial sites in Michigan from which information may be supplied to a company considering locating, expanding, or relocating in Michigan. Information Division 1. 2. To assist in publicizing Michigan (particularly the growth of its economy) for the purpose of attracting new business and encouraging existing business to expand in Michigan. To establish cordial relations and show appreciation to new and expanding industry. Research Division 1. To make available in one document for each county, region, and the state, economic facts and other pertinent data important to the efficient functioning of the Office of Economic Expansion. 2. 4. 5. 7. 8. 9. 14 Office Library--to provide reference material used frequently by the staff which, if not readily availa- ble, would materially reduce the efficiency of the staff. I State Library-~to provide material not in the Office Library. To supply information on request, relating to the economy of the state as a whole, selected parts of the state, or selected facets of the economy. To provide a periodic measure of Michigan's manufac- turing economy, to include the number of physical changes in manufacturing plants such as: move-ins, expansions, move-outs, closings, major increases or contractions in the work force, etc. To assist staff members in keeping abreast of the knowledge and data pertaining to their respective responsibilities. To compile general economic and social information on the community level for staff use and other uses. To compile, when requested, specific types of infor- mation for use by a community in its prOgram of deveIOpment. To determine and evaluate the strength or weakness of one or more sectors of the state's economy. 15 International Trade Division 1. 4. 5. To assist and encourage the development of increased Michigan facilities for foreign trade. To maintain, develop, and disseminate world trade information of value to: (a) Michigan government officials (including the legislature) for the develOpment of executive policy and legislation pertaining to inter- national trade; (b) Michigan businessmen, for the development of their participation in international trade; (0) foreign businessmen who desire or can be per- suaded to transact business in Michigan; (d) students, and others desiring to increase their knowledge of international trade. To maintain continuing contact with public and pri- vate organizations which are active or instrumental in foreign commerce. To prepare, in COOperation with others, and execute a comprehensive state plan for governmental action designed to expand Michigan's role in international commerce e To increase awareness, by those outside Michigan and abroad, of Michigan's assets relative to world COHlIIlQI‘CO e l6 6. To increase the awareness, by Michigan business and industry, of the Opportunities for expanded income through increased participation in foreign commerce. 7. To work actively for increased develOpment of the St. Lawrence Seaway as a major channel for Michigan's international trade.1 The Planning Division The state planning pregram is divided into two divisions even though they are generally thought of as a single unit within the Office of Economic EXpansion.2 These divisions are: The State Resource Planning Division, The Community Planning Division. The State Resource Planning Division's function includes: 1. The establishment of a comprehensive planning process. 2. The preparation of a statewide comprehensive deve10pment plan. In addition to the pursuit of the above objectives, the State 1Report on the responsibilities of the various sub- divisions of the Department of Economic Expansion, prepared by the Research Division, 1964. 2Memorandum from B.M. Conboy to w.c. Roman, March 31, 1965, subject: Establishment of the State Resource Planning Division. 17 Resource Planning function is intended to: (a) Provide a more accurate basis for executive and legislative guidance in budgeting departmental pro- grams, state systems, and capital improvements. (b) Promote a broad interdepartmental cooperative appreach te the development and execution of policies, plans, and programs. (0) Enable individual departments to conserve and con- centrate their own resources for more effective development of specific departmental programs. (d) Create a center for data and provide analyses and trends information for use of state agencies, local governments, and the public. (e) Provide a basis for the encouragement and estab- lishment of local and regional planning and devel- epment operations. (f) Strengthen the inter-relationships between the state and all other units of government as well as between private groups and individuals. The State Resource Planning Pregram is a pioneer inter— departmental effort coordinated‘by the Office of Economic Expansion through the State Resource Planning Division. At present, the division works with the Departments of Aeronau- tics, Conservation, Health, Highways, Public Instruction, .r x Y... . ._ m w. v e .. t - e. .I . h F _ e . y . ' . a. . s .. O c v ’ . I 0. 18 the State Library, and the Employment Security, Public Service, and Waterways Commissions. Emphasis is placed on four broadly defined subject areas or plan elements. These are: (1) population and economic base, (2) land use and urbanization, (3) transportation, (4) recre- ation and natural resources. This planning program, which began in October 1962, has been undertaken through a combined state and federal funding arrangement. A $752,000. Department of Housing and.Urban Deve10pment "701" grant has been matched by the State of Michigan to provide a total budget in excess of $1,128,000. The completion date for Phase I was September 30, 1966.3 On May 26, 1966 Governor Romney sent the following letter to the Honorable Rdbert C. Weaver, Secretary of the Department of Housing and Urban Deve10pment, Washington, D.C. Dear Mr. Secretary: It is my pleasure to submit the second grant application for Michigan's State Resource Planning Pragram. The first grant allowed Michigan to embark on the establishment of a comprehensive stats planning program. This pragram has resulted in the development of many valuable studies dealing with the social, economic and physical environment of our state. Phase I of the State Resource Planning Program stressed the preparation of preliminary plans and programs required to establish a firm foundation for moving into action-oriented Phase II projects. The individual projects 3State Resource Planning Division Newsletter, "Michi- gan's State Resource Planning Program", Vol. 1, No. 1, May 1965. a) . I. .. I . I 4 . sols r _ e I es . a . y . . K \. . n a- . . a I. I, . .. “1 w I ‘4! . s’ H I I do . o u . . v e. 1 . ‘u I. O'I— . i . ¢ ~ e ‘ s .u e O . . :5 . . . a . . a I. .. I. . . . . n s . . .. . e . . i _ . . 0., V J! . . ‘ . _ . s Q I. q . . 4» _ . , e. . . ‘ . u . s . 1 u i a ‘ r . I. 19 covered in this second grant application have been designed to culminate in the preparation of functional plans and a comprehensive state plan. Continuing efforts will be made through- out Phase II in order to assure that plans are ultimately implemented by the state departments involved. In my Special Message on Local Government pre- sented to the Michigan Legislature on March 2, 1966, I stated, "National, state and local government, along with private effort, must be partners in achieving Total Michigan Progress." Michigan's State Resource Planning Program is a vital part of my program to achieve this goal. As a result of state reorganization, there are now nineteen principal departments. I stated in my Special Message on Local Government that the existing planning function is to be elevated from an element within the Office of Economic Expansion to the status of a full division with- in the new Department of Commerce. This actien will be taken as soon as a current study of the Department of Commerce's organizational struc- ture is completed. We in Michigan fully recognize the need and value of continuing and developing our State Resource Planning Program. This is well accep- ted by the principal departments participating in the Pregram. Through this new grant appli- cation, we wish to broaden interdepartmental effort and coordination. Your considered review and approval of this application will allow Michigan to move vigor- ously forward in developing and strengthening its planning pregram. Sincerely, George Romney The second grant application requested $608,000. in federal funds, to be matched by approximately $304,000. in state money. Phase II was funded by the federal agency in November 1966. 20 The Community PlanninggDivision's function involves four principal areas of responsibility: 1. To disseminate public and semi-public information on community planning. 2. To give specific service and overall advice to communities for the purpose of assisting them in strengthening their economies. 3. To comply with the provision of Act 183 of the ' Public Acts of 1943, as amended. Act 183, the County Rural Zoning Act, requires that all county zoning ordinances adopted or amended be reviewed and approved, or disapproved, by the Michigan Department of Economic Development.4 4. To undertake, for the State of Michigan, adminis- tration of all "local level" urban planning assis- tance projects involving financial aid under the provisions of Section 701 of the United States Housing Act of 1954 and its subsequent amendments, and subject to the provisions of (Michigan) Act 116 of the Public Acts of 1963. Item No. 4 constitutes the central theme of this paper. The paper will be restricted to consideration of the 701 *Report on the responsibilities of the various sub- divisions of the Department of Economic Expansion, prepared by the Research Division, 1964. 21 Program as it relates to the activities of the Community Planning Division. With the exception of Planning, all of the aforementioned divisions are financed principally, if not totally, by state monies. That is, not matched by federal or local dollars. The reverse is almost totally true for the Community Planning Division and partially true for the State Resource Planning Division. Further, with the exception of Planning, all divisions orient themselves toward economically focused activities and the promotion.of Michigan as a good place to live and de business NOW. Although the objectives of both planning divisions are similar to those of the other divisions, the emphasis is toward makinglMichigan a better place te live and de business IN THE FUTURE. As work in the pursuit of these objectives overlaps, interaction.between the several divisions occurs. CHAPTER III THE PROGRAM ADMINISTRATION In describing how the 701 Program works in.Michigan, it is necessary to examine the various participants to determine their roles and to learn just what is expected of each agency and level of government. Because it is a financial assistance pregram, certain safeguards are set up to assure its legality and te assure its compliance with the prerequisites estab- lished first by the Federal Government acting through the Department of Housing and.Urban Development (H.U.D.), and secondly by the State of Michigan acting through the Michigan Department of Commerce, Office of Economic EXpansion. The Federal Role The Federal Government has the responsibility for reviewing, approving or disapproving, and funding all programs. It has stipulated certain conditions which.must be met in erder to establish the eligibility of a planning area. A grant may by made only for planning work related to a specifically de- fined geographic area, called a Planning Area, for which a comprehensive development plan is to be prepared and for 22 ‘_ “ ‘ . ‘ ‘ ' I. s . . ' n . - e V» I ‘ . . ‘ — . I. w . é ' ' k l 7 I I I v l I . i s ' . ' ' 7 C . t ‘ r ‘ - . . ‘ - . . . A ‘ I ‘ .J ‘ . ‘ ‘ ‘ ~. - 1‘ ‘ a ' ' .. ' L f‘. Q . ‘ - - ~ I ‘ ‘ I .e O . ( '- ' r A . I b I o , _ J, ~ I ‘V H _ ’ . I . n v . ‘- t . g . A ‘ ~ ‘I ' i ' I A s - l I. . e t - \ r . I ‘ . 5- A ‘- ’5. I l , - v ' v . I . ' ‘ O . .. ‘ ' A ‘ ‘ ‘ w ‘J ‘l . " K " a - . s . ‘ ‘ » .I ' - . ' ‘ u- 3‘, .1- .’ l4 23 which the planning agency has statutory Jurisdiction to plan. An application for a 701 grant may relate to a single plan- ning area such as a metropolitan area or an entire state. It may relate to each of several small communities to be assisted by a state planning agency. The state planning agency is responsible for identifying the planning area, or areas, in the application and for supplying necessary Justi- fication for the planning area boundaries designated. An important prerequisite for the determination of a planning area is that it must be urban in character, or the planning activity proposed for the area must be directed primarily toward an urban planning activity at the local, regional or statewide level; and the planning work must cover the entirety of the area under consideration.1 In order to be eligible for assistance under 701, a planning area must fit into one of the following classifications: l. A city, township, or other municipality, or group of adjacent communities (incorporated or unincorpor- ated) with a population of less than 50,000 persons according to the latest decennial census. 2. A county (no population limit). 3. Metropolitan area (excludes central city). Applies 1H.H.F.A., Urban Planning_Pr0gram Guido, Chapter 2-2, p. 1o 4. 5. 6. 7. 8. 24 only to a census defined Standard Metropolitan Statistical Area. Urban region (several cities under 50,000 each but over 50,000 collectively). A federally impacted area (an area experiencing rapid urban growth from the establishment of a federal facility). City or other municipality in a redevelopment area designated under Section 5(a) of the Economic Development Act. City, township, or municipality in a designated disaster area as designated.by the President regardless of population. A state or interstate area. (This is the classi- fication under which the State Resource Planning Program is authorized - see Chapter II.) Unless otherwise stated, the designation-is made by the Department of Housing and.Urban Development. Eligible applicants for 701 grants must: 1o 2. Bo authorized by state or local government or through an interstate compact to perform the work for which the grant is requested. Be authorized to: 25 (a) Receive and expend federal and other funds; (b) Contract with the federal government and, as appropriate, contract with other units of government, private firms, or individuals for the performance of planning work and services. 3. Have an established permanent status, adequate office space and other essential facilities, and competent professional, technical, and administra- tive staff on a permanent basis, sufficient to perform or supervise the planning work according to the standards set by the Urban.Renewa1 Adminis- tration. (U.R.A. is the agency designated'by the Department of Housing and‘Urban Development as the program review line agency.) 4. Be able to assure that the non-federal share of the project cost will be provided. Planning studies necessary for the development of the plan are not limited to the planning area. Most studies will require the collection, analysis, and projection of data; and an evaluation of the probable development for a larger study area comprised of areas exerting a substantial influ- ence on the planning area. The state planning agency is expected to use sound professional Judgement in selecting the study area and may be required, by the Department of Housing and'Urban Development, to Justify the extent of a study area.2 The Local Role An examination of the role of local government reveals that Michigan provides, by means of the following pieces of enabling legislation, authorization for local community planning: 1. Cities: Municipal Planning Commission.Act Act 285 P.A. 1931 as amended. 2. Villages: Municipal Planning Commission Act 3. 4. 6. Act 285 P.A. 1931 as amended. Townships: Municipal Planning Commission.Act Act 285 P.A. 1931 as amended; Township Planning Commission.Act Act 168 P.A. 1959 as amended. Other incorporated political subdivisions: Municipal Planning Commission.Act Act 285 P.Ae 1931 as amended. Counties: County Planning Commission.Act Act 282 P.A. 1945 as amended. Regions: Regional Planning Commission.Act Act 281 P.A. 1945 as amended. 2 Ibid., Chapter 2-2, pp. 1—2. ’f 27 In addition to the above legislation, Act 200 P.A. 1947 provides for the creation‘by two or more municipalities of an intermunicipality committee for the purpose of studying area problems; and provides authority for the committee to receive gifts and grants. In a broad sense, Act 200 P.A. 1947 might be considered as an "ad hoc" agenqy act constituted for the purpose of study- ing a specific mutual problem of two or more communities. HOwevor, the study must be undertaken within the framework of comprehensive planning with particular emphasis on a common problem. The legislation makes no reference to the permanency of the membership, terms of office, size of com- mittee, or period of establishment. This suggests that upon completion of the study, the committee is dissolved. A point which should'be made regarding ad hoc agencies and the community planning assistance program is that there must first be enabling legislation and there must be an official element within the framework of local government for the ‘ ‘undortaking of a develOpment plan. (In Michigan the official local agency is the planning commission.) This provision is specifically stated in the federal regulations.3 Act 200 is not a preferred vehicle for participating in 701 and has not been utilized to date for this purpose at the local planning level. This is primarily because the Regional 3 id., Chapter 2-1, p. l. I.) 28 Planning Commission.Act (281 P.A. 1945) provides more defini- tive powers and less “red tape" for local units of government. Act 281 eliminates the need for each participating community to create a planning commission prior to being able to avail themselves of 701 assistance. Thds would be necessary under the provision of Act 200. The legal role of an ad hoc group in the 701 Program is very limited due to the committments and contractual obligations which must be borne by an official public agency. In an unofficial capacity the ad hoc group can provide invaluable service to the community by bringing to the attention of the community leadership, prOblems which light otherwise be overlooked. Citizen participation is considered to be an extremely important method for achieving a successful prOgram. Through direct involvement, the citi- zenry acquires a personal stake in the success of the effort. Although the various eligibility requirements for 701 assis- tance are quite succinctly spelled out by the federal govern- nent, the role of local government is not so well defined. This is not an oversight but rather the intent of the federal government to allow individual states to determine their own role and that of local governments.4 In this regard, Michi- gan has been fortunate in that adequate enabling legislation does exist to identify that which can be done. Act 285 P.A. 1931 as amended is defined in the preamble as ”AN ACT to provide for city, village and municipal planning; the creation, 4 Ibid., Chapter 1-2, p. 3. e 5 .A . . A ' O O 4 1 . A C -‘ . a I , .-. ' '1 one .1 _ s . . . . - ea , x. ' a ' ’ . \ . u . _ _ , ., p 2 1’ Is '§ - u o . C - .4. _ g A' e . V ‘ ‘ e s ‘ . ' n A T- V ' D s .. . s . ) e w . _ .. J . . v * ~ o- 3 , _ A ‘ e . . r- 7 e . e - .~, - n. e V . V I I ’ O f I , e x . 7 v . . _ .. ., ' ‘ s A ‘ A - J . e . s , ‘ V ' < 4‘ e L . h . ‘ . .‘n \ ‘ I . ,... )- e.‘ A _ ~ .1 . ‘ ‘ A . ~01 o 29 organization, powers and duties Of planning commissions; the regulation and subdivision of land; and to provide pen- alties for the violation Of this act". (According to Section 1, the term "municipal“ includes cities, villages, townships and other incorporated subdivisions.) The various sections of the act provide for the establishment and consideration of such important things as commission membership, terms of office, meetings and records, employees, surveys, hearings, public works, zoning, plats, land sub- division, etc. However, Section 6 provides the foundation without which the act would have very little meaning. Section 6 states: ”It shall be the function and duty of the commission to make and adopt a master plan for the physical development Of the municipality, including any areas outside Of its boundaries which, in the commission's Judgement, bear relation to the planning of such municipality. Such plan, with the accompanying maps, plats, charts, and descriptive matter shall show the commission's recommendations for the development Of said territory, including, among other things, the streets, visducts, subways, bridges, waterways, water fronts, boulevards, parkways, playgrounds and Open spaces, the general location Of public buildings and other public prOperty, and the general location and extent of public utilities and terminals, whether publicly or privately owned or Operated, for water, light, sanitation, transportation, communication, power, and other ’ purposes; also the removal, relocation, widening, . narrowing, vacating, abandonment, change of use or extension Of any of the foregoing ways, grounds, Open spaces, buildings, property, utilities or terminals; the general location, character, layout and extent Of community centers and neighborhood units; and the general character, extent and layout Of the replanning and rode— velOpment Of blighted districts and slum areas; as well as a zoning plan for the control of the 1 a 30 height, area, bulk, location, and.use Of buildings and premises. As the work Of making the whole master plan prOgressos, the commis- sion may from time to time adopt and publish a part or parts thereof, any such part to cover one or more major sections or division Of the municipality or one or more of the aforesaid or other functional matters to be, included in the plan. The commission may from time to time amend, extend, or add to the plan." Act 285 P.A. 1931 then identifies the role that local govern- ment shall play in the planning process and, by virtue of extending itself to enable townships (chartered or not) to partake Of the process, allows for the orderly and systematic consideration Of rural as well as urban change and growth. This last sentence is extremely significant in that, although planning activities under the 701 PrOgran must deal with urban develOpment considerations in contrast to rural and other nonurban considerations, the state agency is encouraged to provide for a flexible work prOgram which can meet the unique needs Of each individual community. One might assume that a rural community would not consider retaining a plan~ ning consultant unless urbanization and the prOblems of urban- ization were beginning to occur.‘ In light Of this.reasoning, Michigan has made 701 available to all eligible communities willing to undertake a comprehensive planning prOgram. This point is examined further in Chapter‘v where the Community DevelOpment Districts Act is reviewed. In addition tO Act 285 P.A. 1931, unincorporated townships may utilize Act 168 P.A. 1959. the Township Planning 31 Commission.Act, which is less demanding than Act 285. (gg. It is necessary to meet only four times a year as Opposed to meeting regularly each month under the provisions of Act 285.) This ”double coverage" was provided to allow townships, experiencing varying degrees of urbanisation, the opportunity to create the type of planning commission which most closely provides for their needs. Until the legislature amended Act‘ 285 by Act 25 of the Public Acts of 1952, no official legis- lative authorization for township planning existed. Earlier an.Attorney General's opinion (No. 0-1187), dated August 23, 1943, interpreted the word ”municipal" in Section 1 of Act 285 to include counties. However, this Opinion.nade no reference to townships. Act 25 allowed townships, chartered or not, to undertake planning under the provisions of Act 285. Act 168, like Act 285, defines the role the community shall play in the planning process. As stated previously, the Urban Planning Assistance PrOgram is also available to county and regional planning agencies. Prior to the (Federal) Housing Act of 1964, county eligibility for 701 assistance was restricted by the 50,000 pOpulation limitation (except in certain instances such as a special designation under the Economic Development Act, etc.). The Housing Act of 1964 removed this limitation so that grant: may be made to state planning agencies or, with the approval of a state planning agency, to metropolitan and regional planning agencies for planning assistance regardless of v . . A ~— ‘ v ‘5 i . s . e ' , . . _ l e . ' . . . . e ' v . ' . v . . , , . s 1 ‘_' . , , s . I 7 6 h e 0 . l ' . ' . . e - ' , . ' , V p . e'\ ; I i . . v . . . n . - ,1 . . . . e s . . l \. 32 population. ‘Under the provisions of Act 282 P.A. 1945, the function of the county planning commission shall he to make a plan for the development of the county which may include planning in c00peration with the constituted authorities for incorporated areas in whole or to the extent, in the commission's Judgement, they are related to the unincorpora- ted territory, or of the county as a whole. The County Plan- ning Commission Act differs from Act 285 and Act 168 in that it permits planning for both incorporated and unincorporated places within the county, thereby serving all governmental Jurisdictions without regard to minor-political subdivisions. However, its influence is diminished‘because it must rely on the cooPeration of the various local interests within its boundaries to accomplish its objective as defined in the law. The county commission's role has been predetermined by the Michigan Legislature and, generally speaking, these planning commissions function only in an advisory capacity to the local legislative body or bodies. In an indirect way then, the role of local government is defined by the eligibility requirements which must be met by all state political subdivisions if they are to participate in this grant-inpaid program. The Federal Government sets the'basic ground rules, and in addition the state requires the creation of a legally established planning commission. Tb accomplish this, state enabling legislation must be used and therein is defined the local role. Even though the p-t. 33 function of a planning commission is an advisory one, it is likely that the study findings will be used as the official land development policy since the community has expended local tax dollars for the development of a comprehensive develOpment plan. The Regional Planning Commission Thus far consideration has been given only to the local role as it relates to individual political subdivisions within the state. One additional agency will be considered in this review, the regional planning commission. Act 281 P.A. 1945 as amended provides for the creation of a regional planning commission'by resolution by two or more legislative bodies of.any local governmental units. The boundaries of the area, which define the limits of the Jur- isdiction of the regional planning commission, are estab— lished by resolutions of the participating legislative bodies. The boundaries of the region need not be coincident with the boundaries of any single governmental subdivision or group of subdivisions which are to be included in the area, but may include all or such portions of any governmental sub- division. (The difference between Act 281 and previously discussed state enabling legislation lies in the fact that Act 281 provides for agreements to be made between two or 34 more units of local government. Acts 285, 168, and 282 are for single governmental Jurisdictions only.) The role Of the regional planning commission is also defined by the legislature. It may conduct all types of research studies, collect and analyse data, prepare maps, charts and tables, and conduct all necessary studies for the accomplish- ment or its other duties. It may make plans for the physi- cal, social and economic development of the region, and may adopt, by the resolution of a majority of its full member- ship. any plan or a portion of any plan so prepared, as its official recommendation for the develOpment of the region. In addition it may publicize and advertise its purposes, Objectives and findings and may distribute its reports. It may provide advisory services to the participating local governmental units and to other public and private agencies in matters relative to its functions and Objectives, and may act as a coordinating agency for prOgrams and activities of such agencies as they relate to its own Objectives. The above review reveals that local governments are ade- quately equipped to participate in federally assisted com- prehensive planning. Uniformity of approach and systematic procedures are assured by the Michigan Legislature's defi- nition of the role of local government through the enabling legislation. Very little doubt exists as to what may or shall be done. 35 The State Role The role of state government in the 701 Program varies with: l. The type of planning program being undertaken and the circumstances involved; 2. The agencies and instrumentalities designated by the governor of the state for the performance of the work. Some states, such as Wisconsin and North Carolina, have developed staffs within state government to perform the work for the community directly. As pointed out in Chapters I and II, responsibility for 701 in.Michigan rests with the Department of Commerce, Office of Economic Expansion. This state agency's role has traditionally been an administrative role. The Michigan prOgram was established as a self sus- taining effort with the minimum amount of power necessary to allow 701 funds to flow to Michigan communities. This seems to be the result of at least two factors: a politi- cally bad experience from the then recently deceased Michigan Planning Commission; and a rationale which reasoned that since federal money was going to look after the planning needs of local government, scarce state money could be avail- able to assist non federally aided areas. Consequently, Michigan has not assumed a dominant role in the 701 PrOgram and has not "tooled up" for participation greater than the minimum staff requirements necessary to comply with the federal guidelines for supervision. Specifically, this . 36 requirement states a maximum work load may not exceed twelve to sixteen individual community prOgrams per full—time state supervisor.5 The supervisor work load ratio in.Ju1y 1966 was thirty-two to one, or twice the guideline maximum. The state supervisor is responsible for all 701 local pro- gram activities within his region. A typical situation might develop as follows:’ The mayor of a community has Observed that the store vacancy rate in the downtown business district has been increasing steadily over the past three years. He knows that his town is growing because there hame been twice the number of building permits issued this year than in the past two years. In addition, three new residential subdivision plats have been presented to the village council in the past two months for review and approval. No water and sewage services are available for these areas. The mayor has heard that financial assistance might be available to help him with these prOblems, and he has been advised by the Michigan Municipal League to contact the State. His letter reaches the Community Planning Division. The state supervisor for the region in which the community is situated replies and includes a pre- liminary application form. When this form has been Slblde, Chapter 4-1, pe 4e 37 completed and reviewed, the supervisor requests a meeting with the elected officials to discuss the community's prOblems and the way in which 701 might help. Prior to submitting a final application for assistance the community is advised: first it must create a planning commission; secondly it must either acquire a planning staff to perform the work which will be undertaken, or it must hire a consultant who will provide the necessary staff and, with the planning commission, undertake the development and execution of the work program. The state supervisor's responsibility is to see that the proper procedural steps are followed and to make periodic visits to the community as needed or as requested to resolve any questions which may arise. After completion of the contract, members of the (state staff will make periodic visits to the community to advise and encourage the community to follow the plan and make decisions based on the study findings and recommendations of the plan. The community will be advised that 701 assistance will also be available for special planning studies, should they be needed, and for complete plan revision when the time arises. The state supervisor will review all work undertaken during the prOgram period to determine compliance with the contract. He will also be involved with 4.x» '38 payment for work completed, preparation of completion reports, checkpoint review procedures and ultimately, the preparation of a two year follow-up report. The Planning_Consultant As a result of Michigan's desire to function in an adminis- trative capacity only, private planning consulting firms have been heavily relied upon to provide the planning ser- vices required by communities desiring to participate in the 701 PrOgram. To be eligible for this work, all planning consultants must meet certain professional standards set by the Michigan‘Department of Commerce. (See Appendix C) It is not necessary for a community to retain a private consultant to develop and undertake their 701 prOgram. Two alternatives are Open. The first is for the community to hire its own staff. The second is to contract with a county or regional planning commission to provide the services of its staff as it might be able to be made available. The problem with the first alternative is a matter of cost. Small communities of less than 50,000 population cannot normally afford to hire their own permanent staff, except perhaps a director, and then in the smaller communities even this is unlikely. As for the second alternative, usually the regional or county planning commission is inadequate or barely adequate to meet their own committments and does not 39 have personnel available for individual community prOgrams. Obviously the private consultant is tailor-made for the situation. He has the staff, the competency and experience needed, and is able to offer his full resources and special- ists to the community for a limited time period. Then he is usually available on a part time per diem basis to assist the community over any rough spots in the plan implementation process. (Of the 187 communities that have participated in the 701 PrOgram through December 1965, only East Lansing and Ypsilanti have used their own staff exclusively.) The role Of the consultant might be outlined as follows: 1. With Local Government: He performs the function of a highly trained, full time planning staff for the duration of the contract period (usually 12 to 24‘months). He develOps the work prOgran with the community, educates the community in their responsibility under the law, and completes the elements of the work prOgram as per the contract. 2. With State Government: He prepares both the preliminary and final application for an urban planning assistance grant for submission to the Michigan.Department of Commerce. Upon approval and funding of the prOgram, and upon the completion of individual I - e w A -' . . 4 . — _ - V d o . l . 1 ~ - \ -. . .\ - _ . , _ O ‘ s . . e l e e u e . . , H u ‘ _ s ' . .. _ . . v . i . _ g . 4 . . e a ‘ 40 work elements, the consultant receives payment for his services from the state (not the com- munity) after both the community and the state supervisor have reviewed and approved his work. This is because the assistance grant is made to the state. 3. With.the Federal Government: The consultant does not deal directly with the Federal Government. A 701 grant is requested for a community by the state. It is the re- sponsibility of the state to see that the com- minity and its consultant have provided a work prOgram with a scOpe of services in line with federal requirements. All federal-local con- tacts are through the state agency. The Tri-Party Contract Frequent reference has been made to the “contract". This agreement is more specifically known as the "Tri-Party Contract“; the three parties being the State of Michigan, the community, and the consultant. The state is equally responsible with the community and the consultant for the work stipulated in the contract. (See Appendix D) In its role as administrator, the state, upon approval of the pro- gram and grant by the Department of Housing and Urban v . 1 V, ‘I 0 r7. '3 - A h ‘ AL 41 DevelOpment, prepares the contract for signature by the consultant, the community, and the Director of the Department of Commerce for the State of‘Michigan. The community in- cludes the local share of the prOgram cost with the signed contract and submits both to the Community Planning Division of the Office of Economic EXpansion, 208 Michigan.Avenue, Lansing. The Application Process Earlier, a hypothetical situation was offered to explain how a community might involve itself in.the 701 Program. Reference was made to the preliminary application and the final application. The submission of these two documents constitutes the fulfillment of the submittal requirements. The preliminary application is a three page questionaire ~and is intended to provide the state agency with general information about the community. The final application includes the following documents: 1. Letter of transmittal from the community. 2. Project budget request. 3. Resolution from the community requesting assistance and including the reservation of the community's share of the prOgram cost. 4. Schedule for preparation of the comprehensive development plan. .e e. I: .e .. s c c e V . c . l ., 42 5. Tabular summary of the prOposed planning work. 6. Detailed description of the prOposed planning work. (This is a narative description.) 7. One certified copy of the ordinance or resolution creating the planning commission. (See Appendix E) The Michigan Department of Commerce then submits the program to the Chicago regional office of the Department of Housing and.Urban Development for review. The program is then for- warded to the central office in Washington for final approval and funding. This process of submission of the final appli- cation to the Community Planning Division by the community, through final approval in Washington, involves approximately ninety days under normal circumstances. CHAPTER IV COMPREHENSIVE COMMUNITY PLANNING The definition provided by the United States Department of Housing and Urban.Deve10pment identifies a Comprehensive Development Plan as the policies, goals and interrelated plans for land use, transportation, and community facilities, documented in texts and maps, which collectively constitute the guide for the area's future develOpment. This guide is known as the General Plan, Master Plan, Comprehensive Plan, or is sometimes called simply "The Plan”. The Comprehensive Planning PrOgram is considered to be the whole of the continuing planning process, including gathering and analysis of data; consideration of alternatives; formu- lation of the Comprehensive Development Plan and the devel- opment of regulatory measures for implementing the Plan; coordinative,administrative, and educational measures related to the Plan; and the maintenance and updating of the Plan.1 Ibide , pe 1Ve 43 1+4 Eligible Planning Activities The following components of a Comprehensive Planning PrOgram are eligible activities: 1. Survey and analysis of data on pOpulation, economy, physiOgraphy, land use, transportation, community facilities, and similar factors. 2. Preparation of a Comprehensive DevelOpment Plan. Basic to such a plan are: (a) (b) (C) (d) Statement of community goals and policies. Land use plan. Highway and transportation facilities plan. Plan for location and extent of community ‘facilities. 3. Preparation of prOgrams for implementing the COmprehensive DevelOpment Plan, including: (a) (b) (0) Capital Improvements PrOgram which includes a long-range fiscal plan and a definitive finan- cing plan for the early years of the prOgram. Regulatory ordinances for the use and occu- panoy of land and buildings, including zoning ordinances and subdivision regulations. Assistance on preparation for local adoption of nationally recognized model housing, building, plumbing, electrical, and fire prevention codes. ‘ Q - 45 4. Coordinating and administrative activities, including: (a) Coordination of develOpment plans among the departments or subdivisions of a single level of government. (b) Coordination of develOpment plans among the local, regional, state, and federal agencies concerned with the Planning Area. (0) Public education activities related to the planning prOgram. (d) Advisory services on the general administration of zoning ordinances, subdivision regulations, and housing and construction codes. \ 5. Updating and maintenance of basic data, updating of the Capital Improvements PrOgram, and revisions to the Comprehensive DevelOpment Plan. These activities are eligible only if the locality has previously prepared both a Comprehensive DevelOpment Plan and appropriate implementation measures. Examples of Eligible PlanningQWork The following examples of specific kinds of planning work within the broad planning activities listed above cite the eligible and ineligible aspects of selected items: 1. Urban transportation plan which includes analysis and plans for: (a) Use of existing public and private transpor— tation facilities. 2. 3. 4. 5. 6. 46 (b) Characteristics of travel. (c) Future capacity needs. (d) Evaluation of alternative transportation systems. (e) Recommended transportation system. (r) Implementation of the plan, including general recommendations on financing and organization. Airport planning to the extent included in the following: (a) Determination of the number, type and general area locations of airports needed for both commercial and general aviation. (b) Relationship of airports to community devel- Opment, including consideration of economic factors, land use controls, and the overall transportation system. Ineligible: Preparation of detailed design or development plans for individual airports. Plan for the Central Business District, industrial districts, or commercial areas. Open-space land plan. Park and recreation plan. Community facilities plan which includes water and sewer facilities, schools, hospitals, libraries, and similar public structures. \2/ ‘i’ “L 7. 8. 47 Educational activities which are needed to effect the Comprehensive Planning PrOgram. These acti— vities are to be limited to: (a) Preparation of materials for, and participation in, meetings and public hearings to achieve public understanding and support.for the Comprehensive DevelOpment Plan, zoning ordinances, subdivision regulations, and Capital Improvements PrOgram. (b) Training sessions conducted for persons engaged in administration of the activities listed in item (a). (c) Exhibits, models, publications, and films to be used in the activities listed in items (a) and (b). Ineligible: Purchase of radio or television time. Preparation of certain work items leading to the accomplishment of a Workable PrOgram for Community Improvement, including the elements of Codes and Ordinances, Comprehensive Community Plan, Neighbor- hood Analyses, and those portions of Administrative Organization and Financing relevant to comprehensive planning. gneligible: Preparation of the original and subse— quent statements for submission to HHFA for certification and recertification of the Workable PrOgram. . 0 . At; 4 1 f y A m s . . A “I . . s . I . g. a . .\ . . .. . . _ . A) b“ e a .t I. . u . . (k s: .1. . - .2. .. . .. D . . u . . s . Q— 9. 10. 48 Studies necessary to satisfy the following four parts of an Overall Economic DevelOpment Program for an area designated under Section 5(a) or 5(b) of the Economic Development’Act: (a) The redeve10pment area and its economy. (b) Basis for economic growth. (c) Area prOblems and needed adjustments. (d) Area goals and prOgrams. Eligibility of these economic studies is subject to the condition that they be undertaken as part of the Comprehensive Planning PrOgram of the 10- cality. The overall requirements of an OEDP sub- mission are explained in the Economic Development. Administration publications: The Overall Economig Development Program-~What It Is--How To Prepare One for‘Your Community, and Planning for New growth--New JObs. Operational soil surveys only in areas where both of the following criteria are met: (a). The soil has been demonstrated to be of ‘questionable adequacy as a foundation for structures. (b) The area is urbanized, or has a reasonable expectation of being urbanized within 10 years. Also eligible are studies providing an interpretation of a completed operational soil survey for urban planning purposes. ll. 12. 49 Studies necessary to determine the administrative structure needed for an effective planning Operation. ineligible: Detailed studies of personnel, organi- zation, controls, and similar matters that are a function of continuing administrative management. Acquisition or preparation of graphic materials, such as aerial photOgraphs, base maps (planimetric and tOpOgraphic), and other graphic devices needed for the develOpment, preparation, and presentation of plan elements and activities. The proportion of a total project budget available for expenditure on graphic materials is restricted administratively. Expenditures for graphic materials are restricted to those items which are needed pri- marily for the Comprehensive Planning PrOgram and in any event to 50 percent of the budget provision for an individual Planning Area. U.S. GeolOgical Survey maps, at a published scale of 1" equals 2000' with 10' contour intervals, are considered adequate base maps for county, metro- politan, and regional planning, since these maps can be enlarged at least four times by USGS and still retain sufficient accuracy for planning purposes. Studies of municipalities and specific areas such as a Central Business District will Justify maps at a 50 larger scale. For this purpose a scale of 1" equals 200' with 5' contour intervals is generally consid- ered adequate. The Planning Agency will be expected to make use of existing maps and aerial photOgraphs when possible. Variances from these restrictions may be made when unusual circumstances require additional graphic materials. lneligible: Materials which are used primarily for research of design activities rather than comprehensive planning purposes. Eligible Work for State Planning Eligible State planning is broad planning related to urban "needs and concerned with all aspects of physical development. To be eligible, planning activities must be a part of a pro- gram for the preparation of a statewide Comprehensive Devel- Opment Plan based upon apprOpriate demOgraphic and economic studies and dealing with land uses, transportation, resource develOpment, and public facilities on a concurrent and inter- related basis. The prOgram shall be designed to provide a statewide framework of physical and economic development activities undertaken through prOgrams of various state departments that can serve as a guide to metropolitan, regional, and local planning. 51 Variatigns‘in Eligibility_of‘york For Begional and Metropolitan.Areas Some variations in the eligible planning activities set forth.above may be required for a largeplanning area, such as a metropolitan area or urban region, because of the over- all requirement that the planning work shall be apprOpriate to the scope of the area. In metrOpolitan areas or urban regions, the work shall cover development problems which are of concern to the whole area rather than those which are the concern of only one or a few of the local Jurisdictions. For example, the metropolitan area pregram might include land use studies, air and water pollution studies, a major highway and transportation plan, and an Open space land plan. The prOgram might go into considerable detail on these studies and plans if they are of concern to the whole area. However, studies of minor and secondary streets serving only one local Jurisdiction, specific local zoning prOblems, or local community facilities are examples of studies that shall not be included in such a work prOgram because they are not of significance to the metrOpolitan area as a whole. The broader coverage of studies of a metrOpolitan area and the detailed studies of a local community within that area might well be undertaken concurrently, because there is a certain amount of feedback between them which is mutually beneficial. However, the local community studies, where eligible, shall be undertaken in a separate proJect, with a 52 separate application initiated by the community through the State Planning Agency which is responsible for local planning assistance. The State Planning Agency may then choose to employ the metrOpolitan or regional planning agency to under- take the local study. The metropolitan or regional planning agency is not an eligible applicant for planning studies for individual localities. Ineligible Planning Activities Planning activities which are ineligible for incorporation in an urban planning proJect include, without limitation, the following: ’ 1. Preparation of preliminary or final plans for specific public works. 2. Engineering feasibility studies preparatory to design and construction of structures or facilities. 3. Detailed engineering field surveys or inventories to determine conditions or dimensions of existing structures, facilities, utilities, or pavements. 4. Planning for nonurban areas, such as rural or wilderness areas, not directly related to present or future urban needs. 5. Planning for the reorganization of the general tax 53 structure of an area or develOping new sources of revenue, unless related to the preparation of long-range fiscal plans or definitive financing plans for improvements otherwise eligible under the Comprehensive Planning PrOgram. 6. Preparation of single-purpose materials, such as an economic or industrial survey or promotional items, not part of a larger Comprehensive Planning PrOgram. 7. Review of individual subdivision plats and indi- vidual applications for zoning variances, special exceptions, and amendments. Certain activities may be eligible in their broad planning aspects, but the eligibility does not extend to all detailed planning aspects of the activity. Some of these situations are delineated above, under the subheading "Examples of Eligible Planning‘wOrk". ‘ Eligible and ineligible Costs A distinction is made between costs of an eligible planning activity which may prOperly be charged to the project and costs which may not be charged to the project. For all Planning Agencies, the following costs are eligible provided they are expended during the project period and are 54 directly chargeable to the approved work pregram: technical staff salaries (supervisory as well as nonsupervisory staff); supporting staff services, including accounting, legal, and clerical services; long-distance telephone calls; office supplies and similar materials; travel expenses. For State agencies providing assistance to communities of under 50,000 population, all administrative, technical, and travel costs incurred in the following activities are eligible costs: 1. 2. 3. 4. Advisory services to communities regarding the nature of comprehensive planning and the organi- zation and Operation of a planning prOgram. This service would be considered preparatory to a subsequent work prOgram of specific planning BtUdiQ'e Services during the period of the urban planning prOJCCt e Specific followup services to a community which has previously been assisted under the PrOgram. Preparation of an evaluation report, approxi- mately two years after the initial preparation of a Comprehensive DevelOpment Plan for a com— munity, on the Plan implementation activities which have taken place in the community. 55 Ineligible costs include, but are not limited to:' 1. Normal Planning Agency expense items such as those for office space, furniture, office equip- ment, communications and similar overhead items. 2. Cost of preparing an application for grant.2 Cost Qimitations The cost of a program varies with the size of the community, the problems within the community, the consultant retained to perform the work, and the budgetary limitations of the community. However, partially as the result of the prema- ture exhaustion of the 701 appropriation for the fiscal year ending June 30, 1966, H.U.D. began, in the spring, to rigidly enforce what is referred to as “the cost formula”. According to this unwritten cost guideline, the maximum level of federal participation in any local 701 prOgram may not exceed $8,000. plus $1.00 per capita during any given two-year period. For example, this would mean that for a community of 6,000 population, the federal share of the pregram cost could not exceed $14,000. In most cases this amount would equal two-thirds of the gross project cost. This varies slightly with Economic Development Act (E.D.A.) designated 2 id., Chapter 2-3, pp. l-lO (excerpt) s . -, I e .. e u ,. ' ~ , t e r 'I I .5 -a. I O . 'QO I ~ . ‘ . . a l. i. '. . 1 l .. e . 4 ., ." ‘ A s . f t ‘e - .q. . , .__...-__ . -_ ' . s 'V ' t - . h t A. ' I . l ' I .V ' I I . ‘ V I . d . _ .' e -\ . r: t" ’ - a; \ I ,. '. l v '— -..-. “a. - .- 56 communities, federally impacted areas, etc., where they might be eligible on a % to & funding arrangement. However, for the most part, the federal cost formula determines the maximum cost. Except in unusual cases the State of Michigan will not request federal assistance for community prOgrams which exceed the guideline maximum. The principal reason for this policy is to avoid the delay which will result from the prdbable rejection of the prOgram when it is submitted to the regional office in Chicago. Within the above framework, a community constructs its pro- gram for develOping its Comprehensive Plan. The work pro- gram is defined as the planning activities relating to a single Planning Area to be completed under one application. Consequently, a project covering multiple Planning Areas would have a separate work prOgram for each Planning Area.3 The Community Planning Division has develOped the following guide as a typical and suggested work prOgram. Basic Studies and Preliminary PlanninggRecommendations 1. Preparation of Base Map(s). Base map(s) will be drawn on.mylar or linen, in a permanent reprodu- cible form. The map(s) shall be prepared at a scale apprOpriate to planning needs and public — M 31b1de , pe 1Ve 57 display, with details accurately and distinctly shown. The Map(s) shall form a basic system of reference for the planning program and shall in— clude such features as political boundaries, public lands, water areas, railroads, pr0perty lines, existing and platted streets. Area coverage and scale of each pr0posed base map shall be described. Preparation of Aerial PhotOgraphy,_Tpp0graphic and Planimetrio Maps. Such items may be of value to a particular community planning prOgram. Descrip- tion will be precise as in the case of base maps. A small amount of Urban Planning Assistance funds is available for this purpose. However, the pro- portion of a total planning budget for expenditure on graphic materials is restricted. Expenditures for graphic materials are limited to those items which are needed primarily for the Comprehensive Community Planning PrOgram. For topOgraphic maps, the cost may not be in excess of 15 percent of the total cost for graphic materials. U.S. GeolOgical Survey maps, at a published scale of 1" equals 2000' with 10' contour intervals, are considered adequate base maps for county, metropolitan, and regional planning, since these maps can be enlarged at least four times by uses and still retain sufficient accuracy for planning 2. 3. 58 purposes. Studies of municipalities and specific areas, such as a central business district, may justify maps at a larger scale. For this purpose a scale of 1" equals 200' with 5' contour intervals is generally considered adequate. Substantial evidence supporting the need for tOpOgraphic mapping must be included as part of the final application. Qgtermination of Community Object;ves, Poligigg_ andflgtandards.' A report will be prepared clearly stating the desired Objectives of the comprehensive plan. The Objectives will express the community's desire of what it wants to be like or what values it wishes to emphasize in the future. In addition to Objectives there shall be statements of the' policies recommended which will clearly state the means used to reach the Objectives. Specific standards will be described to consider develOp- ment prOposals in keeping with the state policies. Natural Resourcegfigtudy and Preliminary Plan. An analysis and report will be prepared on the natural resources and prOblems of the planning' area, covering such elements as tOpography, soils, minerals, woodlands, fish and wildlife, scenic areas, areas of exceptional natural beauty, 4. 59 historical landmarks, lakes, rivers and other water resources. PrOblems and needs such as floods and flood control, lake level stabilization, water pollution and control, stream channel and bank protection, water supply, soil erosion and control, marginal lands, flood plains, and Oblit- eration of scenic areas shall be evaluated in the light of their economic, aesthetic, and functional significance. A preliminary plan for resources development and conservation shall be prepared in map and text form to be correlated with other components of the comprehensive.plan. Such plan will not include any detailed engineering plans for construction work. Resource availabilities, limitations, and potentials that become evident in the planning area, or the resource region of which the planning area is a part, shall be re- lated to future develOpment policies and estimates of population and economic growth. Economic Study and PrOgram. A report will be prepared containing an analysis of trends, influ- ences, and future Opportunities affecting the economic develOpment of the planning area and the locality's logical service area or hinterland. The report shall contain an economic analysis of important natural and human resources and economic .u . l , .~ . p . . e 1 . l‘ I u v .. ' . . 0 . . . ‘ s . . . ‘ u .— > - . s- . . — . _ . , ‘ . O . I > I i . v . -.. . . . ‘ . e . . . . H . ‘ l ' ‘ . . ' IL ‘ , . 1 ‘ ,. _ ,, ‘ W . ’ 4 , , . . __ . ‘- ‘ . . ,A ' ~- - - s, V . , , . , . ._ . . . 1 h » -....- . . . . ~ . - ‘ . . . ‘ P . , . . - I . a . , - .. . , ’ . , f ' . p .5 ‘. . 1 - l , .. V ' ' 4‘ .- . so v e P‘ . ‘ .' ‘. - ‘ . ‘ J . ~ - . ‘ ‘ A " ". - - ... , v .. - . . . . . , F v . . -. . a" . .1 ,- e .L A. e ‘g ‘Q . . ,_._, . . . r _ I . -7 6O factors such as agriculture, retail trade, wholesale trade, manufacturing, income distribution, employment characteristics, occupational patterns, and public finance. It shall also consider future resource availability. Estimates shall be prepared of those economic indices apprOpriate to community planning needs. There shall be a statement re- garding the formulation of community economic goals, and a recommended prOgram for meeting economic goals. Population, Housing, and Neighborhood Studies and Preliminary PlanLg). A report will be pre- pared containing an analysis of population charac- teristics such as size, age-sex distribution, family size, birth and mortality rates, density patterns, trends, and influences. There shall be analyses of neighborhood groupings, and the dis- tribution and general condition of dwelling units. Areas that are presently blighted or becoming blighted will be identified. Estimates of future population and effective demand for housing shall be prepared through.use of accepted techniques. There shall also be prepared a recommended neigh- borhood unit plan and a prOgram for meeting future housing needs, eliminating blight and preventing the spread of blight, including identification of specific renewal areas when apprOpriate. w 6. 61 Lind Usetgtudy and Preliminary Plan. A report will be prepared containing an analysis of present land uses according to their locational, quantita- tive and qualitative characteristics and the fac- tors influencing develOpment in the planning area. Land uses shall be mapped according to the cate- gories necessary for portraying and understanding the community's planning and develOpment prOblems. Certain primary use categories shall be designated such as residential, agricultural, commercial, industrial, public and quasi-public. The categories shall be divided, where apprOpriate, into sub-classes. So that land use data collected for this planning prOgram may be in a form that can be used in related areas, it is recommended the stan- dard system for coding of land use information out. lined in the gtandard Land Use Coding Manual be used. Estimates of future space needs shall be develOped and finally, based on analysis and integration with other planning studies and coordination with adjacent planning programs, a preliminary land use plan shall be prepared in map and text form. The plan, based on the community Objectives, shall clearly indicate community policy on future land utilization, rela- tionships with areas adjacent to the planning area, and relationships with any existing county or regional land use plans. u e , 1‘ s l 1 . A. A o , . a r. . . . n A - . a i v I l , . . ,.F . . u l g . K O n . ‘. .r. .1 U s- . a, I a. .4 . . Y. . .1 . , ' . ' 7. 62 Traffic and Transportation Study and Preliminary Plan A report will be prepared containing an analysis of the characteristics of vehicular traffic flow, other transportation movements, and the facilities for moving such traffic. Major characteristics of traf- fic flow will be analyzed such as the origin and destination of the flow, volume of traffic, facility systems used, types of vehicles, traffic generators, parking facilities and other elements. The present characteristics of traffic facilities such as func- tion, location, condition, capacity, cost of main- tenance, value and impact on community development, shall also be considered. ApprOpriate characteristics of traffic flow shall be projected into the future. Such projections shall be based on past trends, future land use plans, and assumptions regarding community develOpment. Finally, a preliminary plan for the future develOpment of transportation systems and facilities shall be prepared in.map and text form showing coordinated relationships with the state, regional, county and adjacent transportation plans. The traffic analysis and the transportation plan shall be concerned not only with vehicular traffic flow and its facilities but also, where apprOpriate, with terminals, airports, rail lines, waterways and other means of transportation, both local and regional in sc0pe. - — 4—-._. .u.‘ 754‘.“ . \ ' v . ..I ~ .. , A .. a ‘- _ s . ' v ,0 f . L. ‘ . . . . ‘ . . , ._ ' r v e l . . D 4 s 1 . I a .e ) l. . . ’ D 8. 9. 63 Communitynfiaciliti s_§_udy.and Preliminagytglgg. *v - , ..1 ’e ”mm‘-w—’a A report will be prepared containing analyses of present community facilities such as schools, park, recreation and open space facilities, fire and police_ facilities, libraries, and municipal administration offices, in terms of both present and future needs. Factors such as location, condition, cost of mainten- ance, present demand, capacity and value shall be considered. Projections of the demand for future community facilities will be made. Finally, based on previous analysis and projection, a preliminary community facilities plan will be presented in both map and text form. Utilities Study and Preliminary Plan. A report will be prepared containing an analysis of the present systems of utilities serving the planning area. This analysis'shall be concerned with the optimum rela- tionship of present and future utility systems to each other. It shall evaluate such factors as gene— ral location, capacity, demand, condition and costs. It shall include those utility systems essential to the needs of the planning area such as storm drain- age, water, sewerage and sewage disposal. The general needs of the planning area for the expansion of present utility systems, development and use of related natural resources, and the provision of new 10. 64 systems shall be estimated. On the basis of pre- vious studies and projections, a preliminary util- ities plan for future urban service areas shall be prepared in map and text form. The utilities plan shall provide the general planning framework for, but not include, the detailed engineering work necessary to the design and Operation of specific utilities systems. gpecial Studies and Plans. A report shall be prepared which contains special studies and plans needed by a community as part of its planning prOgram._ The need for any special study is deter- mined by the situation in a community. An example of such special studies and plans include: (a) Airport develOpment projection plan. (b) Central business district, industrial district, or commercial area plans. (c) Community appearance study and recommendations. (d) Open space land plan. (e) Waterfront and river use studies and plans. Sectional studies and preliminary reports such as the foregoing, can be combined for publicatiOn 'into one or more volumes. When this is done, the basic sectional studies should be preserved as individual units and identified as chapters within a volume. l. 2. 65 Final Planning PrOposals Comprehensive Community Plan. A report shall be prepared which contains a comprehensive plan for the long-range develOpment of the planning area. This plan.will represent an integration of all preliminary plans and policies evolved in the plan- ning pregram, including any subsequent revisions after review as to changes in policy and content by the local planning agency. The comprehensive community plan will be presented in both map and text form with apprOpriate supporting data. Capital lmprovement Program and_§udget. A report will be prepared which contains an analysis of community fiscal capacities and needs, present practices in capital improvement prOgramming and budgeting, a suggested capital improvement program and budget based upon the general plan, in both map and text form, and a step-by-step procedure leading to enactment and administration of the suggested prOgram and budget in conformance with the general planning program. Zoning Study and PrOposed Ordinance. A report shall be prepared containing an analysis of present practices of land use as related to a sound zoning prOgram, a suggested zoning ordinance in map and 6. 66 text form based upon the comprehensive plan, and a step-by-step procedure leading to enactment and enforcement of the suggested ordinance. Subdivision Practices Study and PrOposed Regulations A report shall be prepared containing an analysis of present practices in land subdivision, a suggested set of subdivision regulations, and a step-by-step procedure leading to enactment and enforcement of the suggested regulations. ghe Official Map. A report shall be prepared con- taining an analysis of present practices in the al— location and reservation of land for all public uses and a suggested official map, with apprOpriate text, showing lands reserved for public use (streets, drainage, rights-of-way, parks, etc.) whether exis- ting or prOposed. The report shall include a step- by-step procedure for enactment and enforcement of the prOposed official map. general Report on Planfigxecution and Review. A report shall be prepared containing a detailed pro- gram for coordinating the administration of such legal devices as the zoning ordinance, official map, subdivision regulations, and the long-range capital prOgram needed for the review and updating of both the comprehensive general plan and the legal devices necessary to its execution. . r’ r A 67 Continuing Planning Services 1. Adoption of Model Codes. The professional planner will assist the community in the preparation for local adOption of nationally reCOgnized model housing, building, plumbing, electrical, and fire prevention codes. Coordination and Administration Activities. The professional planner will assist in the coordina- tion of develOpment plans among the departments or subdivisions of a single level of government; the coordination of develOpment plans among the local, regional, state and federal agencies concerned with the community; and the provision of advisory services on the general administration of codes and ordinances. Public Education Activities Related to the Program Education activities include the preparation of ma- terials for, and participation in, meetings and pub— lic hearings to achieve public understanding and support for the comprehensive community plans, zo- ning ordinances, subdivision regulations, and capi- tal improvement prOgram; training sessions conducted for persons engaged in administration of the above mentioned activities; and exhibits, models, publi- cations, and films to assist in these activities. e L 68 4. Continual Plan Updating. To keep the plan current, the following activities may be undertaken: up- dating and maintaining basic data, updating of the capital improvements pregram, and revision of the comprehensive community plan. PrOgram Objectives and the Comprehensive Plan Report The plan should be aimed at meeting the community's objec- tives. -The final report should include a clear statement. of these Objectives and should show how the plans developed will aid the community in meeting its objectives. It should stress the interrelationship of parts of the plan to the plan as a whole, in such a way as to indicate to the community how a change in one element will affect all other elements. The planner should rely not only on‘U.S. census data but also on state, regional, metrOpolitan, and local agency data, when these are needed and available. Whenever adequate data is not available, the planner should make special surveys to provide information needed for the proper develOpment of the plan. Data should be analyzed, interpreted and its impli- cations for the plan drawn. Results of the analysis should be reflected in the plan. The Plan should identify the unique prOblems and Opportunities 59 of each community. Where apprOpriate, planning studies for the community should stress the interrelationships between the community and the greater region of which it is a part. The effect of trends and changes in these interrelationships should be stated and the implications drawn and reflected in the plan. Planning reports should emphasize action prOgrams to imple- ment the planning proposals. In particular, such prOgrams should include the definition of future urban renewal action, steps to be taken to assure continuity in the planning pro- cess, and procedures to develop private and public support and action.4 4 Michigan Department of Economic Expansion, Planning Division, "Typical Descriptions of Planning Work Items", October 1965. (excerpt). CHAPTER v "701" , PAST, PRESENT, AND FUTURE IN MICHIGAN W The past of the 701 PrOgram in Michigan goes back to the spring of 1960 when.Act 110 was passed by the State Legis— lature and signed by Governor Swainson. On June 9, 1960 the village of Richmond in Macomb County submitted the state's first 701 application to the Department of Admin- istration. Richmond’s prOgran was approved on August 5, and was the only project to be funded in.Michigan that year. Since 1960, interest in the PrOgram has increased substan— tially. TWenty-five grants were approved in 1961; forty- three in 1962; forty-seven in 1963; twenty-five in 1964; and forty-six in 1965. During this five-year period, funds in excess of three million were spent on developing community- wide comprehensive land use plans. More than two and one quarter million of these dollars were federal, representing approximately 66 percent of the total cost. The remainder represented the local one-third share. No state money was utilized. Through December of 1965, one hundred and eighty-seven 7O 71 Michigan communities, ranging in size from Bingham Farms in Oakland County with a population of 411, to St. Clair Shores with a pepulation of more than 76,000. had participated in the 701 Urban Planning Assistance PrOgram. (It should be noted here that communities in counties designated as econ— omically depressed by the Economic Development Administration are eligible for 701 assistance regardless of the 50,000 population limitation; and in these cases, the sharing arrangement is 3/4 federal to 1/4 local instead of the usual 2/3 federal to 1/3 local.) 0f the 187 communities, it is interesting to note that 79% are in the southern half of the lower peninsula. Only 17 communities in the upper peninsula and only 21 north of the Bay City-~Muskegon line in the lower peninsula participated in the 701 PrOgram. Of the 149 communities south of the Bay City—~Muskegon line, 94 of them (63%) are in the six county area around Detroit (Monroe, Washtenaw, Wayne, Macomb, Oakland and St. Clair). (See Appendix F) There is no convenient way of determining the number of communities in the state that are involved with comprehensive planning except through the 701 PrOgram records. Therefore, at this time, 701 is the most reliable barometer of community planning activity available. Thus far very little has been said about the source of finan— cial support necessary to sustain the local 701 PrOgram 72 in.Michigan. Act 110 P.A. 1960 provided that, ”Upon the request of the governing body of any city, village, county, township or regional planning district, the department is authorized to apply for and accept granusfrom the federal government for planning assistance for said local units of government, which includes but is not limited to surveys, land use studies, urban renewal plans, technical services, and other planning work. State cost, if any, shall be reimbursed to the state by the local munici- palities. The department may accept and expend grants from the federal government and other public or private sources, contract with refer- ence thereto, and enter into other contracts and exercise all other powers necessary to carry out the purpose of this section. Therefore, three important events occurred with the passage of this act. First, it provided the authorization necessary for local participation in 701; second, it placed the admin- istrative responsibility for 701 in the Department of Admin- istration; third, it provided that any costs incurred by the state would be reimbursed to the state by the municipality. To satisfy the third provision, a 7% administrative fee was added to the planning costs of each community pregram. The 7% fee was paidon the same sharing basis as the total pro- gram costs} 1/3 local and 2/3 federal. The community paid 2.4% of the state administrative fee and the federal govern- ment paid 4.6%. Example: 1. Cost of planning services $12,000. 2. Federal inspection fee 200. 3. Subtotal 12,200. 4. State administrative fee (7% of line 3) 8&4. 5. Total 313 ,0517.‘ 73 The local share of the total prOgram would equal 1/3 of line 5, or $4,352. (rounded to next dollar). The federal share would then equal the balance, or $8,702. During the first years of the prOgram, the lack of any con- tributing funds from the state did not have a marked effect. Because of a shortage of personnel in the division and be- cause of the large number of communities applying for 701 assistance, the 7% administrative fees, in fact, accrued to a substantial amount. H0wever, when the division'began to expand operations, the increased expenditures began to ra- pidly deplete the accumulated funds.l (On July 15, 1966 it was necessary, because of the failure of the legislature to appropriate the needed funds, to raise the state administra- tive fee from 7% to 12%. However, the new fee includes pay— ment of the federal inspection fee, which the former rate did not.) In 1964 it was determined that the state could participate financially in the 701 PrOgram under the provisions of Act 116 of the Public Acts of 1963, Section 4, subsection (h) which states that the economic expansion program, "... shall include,‘but not be restricted to, the following activities: ... (h) Advise and cooperate with regional, county, municipal and other local planning agencies within the state, for the purpose of encouraging cultural, economic and physical self- ;Michigan Department of Economic Expansion, Planning Division, "Status, PrOgram, Budget", p. 4. 74 improvement of the communities and coordination of state and local planning." This determination was largely the result of discovering that such things as pre-application community visits, etc. were ineligible charges against 701 funds.2 In addition, by statute, the division is responsible for the administration of all county zoning in the state. (The Community Planning Division budget of state contributed funds for fiscal year 1965-66 was approximately $17,000; for 1966-67 the figure was 0; for fiscal year 1967-68 the request to the legislature will be approximately $35,000.) The Present Fifteen prOgrams have been approved by the Department of Hausing and Urban DevelOpment this year. Sixty-one more prOgrams have been submitted to the federal agency and have approvals pending. This means that from the inception of the prOgram in 1960 to September 1, 1966, two hundred and sixty-three acceptable prOgrams have been submitted to the State of Michigan for 701 assistance. (or the 263, 120 are active.) The breakdown is as follows: Cities and'Villages 129 (20 H.U.D. approval pending). Townships 54 (22) Counties 11 ( 4) Regions l2 ( 4) Continuing PrOgrams 57 (11) (Total PrOgrams 263 (61 H.U.D. approval pending) 2 Ibid. ' p. 50 .Q 75 These communities consist of a cumulative pOpulation of approximately two and a half million persons, and represent a total expenditure of approximately three and a half million dOIIarS e3 In March the Community Planning Division was advised by H.U.D. that, because of the rapid exhaustion of funds, a priority system of funding would be applied to all 701 pro- grams then under review or to be submitted prior to the new apprOpriation for fiscal 66-67. On June 16, at a Region Iv 701 Administrators Conference in Columbus, Ohio, Warren Zitzman, Chief Administrator from the central office in Washington, stated that there was a balance of only $700. remaining of the 26.9 million dollar apprOpriation for fis- cal 65-66. In addition, there was a backlOg of over 10 million in unfunded prOgrams in Washington, and more appli- cations coming in daily. It was stated at that time that the new budget request to congress was 35 million, but that the House ApprOpriations Committee had shaved it down to 30 million. It was learned on September 8 that the budget had been approved for 33 million.by both houses and was awaiting the President's signature. However, it was also learned that the back10g of unfunded prOgrams had increased to 21 million. Therefore, almost 65% of the 701 budget for this year has already been spoken for. These circumstances par- 3Michigan Society of Planning Officials, "701 PrOgram in Michigan", August 1965, p. 3. x . u ‘ I .i—oov s . . . l.- e . . Q J . a I . .- u . l .' . _-_.«- .. .-.“ ~ 76 tially explain the unusually large number of Michigan pro— grams which have not'been approved. Shuffling of staff and responsibilities have occurred this year as the result of the Department of Housing and.Urban DevelOpment replacing the former Housing and.Homs Finance Agency in November 1965. In.May the 701 PrOgram was trans- ferred from the Urban Renewal Administration to the newly formed.Metr0politan Development Administration. To add to the confusion, the 701 federal regional offices remained with.U.R.A. presumably pending further organization of M.D.A. In.Chapter III it was mentioned that the state supervisor-- community ratio was badly out of balance. The federal re- gulations require one community supervisor per twelve to sixteen prOgrams, but as of July 1966 Michigan's ratio was one to thirty—two. A. Dean.Swartzel, Regional Director of the Urban.Renewal Administration, in a letter to the Execu- tive Director of the Office of Economic Expansion, dated June 24, 1966, stated, "Compliance with requirements is required by October 1, 1966. Failure to comply will lead us to restrict continuation of future applications pending compliance.? As of September 1, there were three profes- sional planners on the staff: the acting division head, one community supervisor, and one intermediate planner acting as a community supervisor. In addition there was one gradu- ate student (almost full-time) and two secretaries. Recently another planner has been hired to become a community super- 77 visor, and three more are being sought. On.February 17, 1966, legislation was introduced to Congress by Senator Ellender which, if passed, could seriously hamper state planning activities. HR12466 or 32934, the community DevelOpment Districts Act, would establish development dis- tricts for rural planning purposes whereby financial assis- tance would be made available directly through the office of the Secretary of Agriculture, without going through a state agency. Although H.U.D. was not to be bypassed, H.U.D. would have no veto power. In a letter from G0vernor Connally of Texas to Senator Ellender, dated.March 3, 1966, Governor Connally pointed out that, "Coordination in the establishment of these regions and districts is essential if the federal, state, and local tax dollar is to be utilized in the most effective manner possible. To accomplish such coordination is a lOgical function and responsibility of the state plan- ning agency in each state concerned," Michigan also opposed this act and prepared a statement of position for transmittal to Senators Hart and MacNamara which recommended: 1. That no district be designated unless concurred in.by such state agency as may be designated by the governor. 2. That no prOgram be funded by the Secretary of Agriculture unless concurred in by the Secretary of the Department of Housing and Urban Development, .I‘A and able to be coordinated with concurrent prOgrams of the Department of Housing and‘Urban DevelOpment. Although the 89th Congress did not pass the Community Devel- cpment Districts Act, it could.be modified and reintroduced in the 90th Congress. The Future In an attempt to "crystal ball gaze" and guess the future of the 701 PrOgram, statements by Governor Romney may supply some answers. On March 2, 1966, in an address to the legis- lature, the GOvernor stated that it would be beneficial to the state to upgrade and expand state and regional planning activities to include social and economic, as well as physi- cal planning. "To this end, the state's existing planning function is being elevated from an element within the Office of Economic Expansion to the status of a full division with "4 On June 15, 1966, the the new Department of Commerce. Governor stated that he would appoint a fourteen to twenty man commission to study the feasibility of creating, as Michigan's twentieth state department, a Department of Local andUrbanAffairs.5 As of September, this commission had not been appointed. In addition, there are rumors that the fiMichigan, Journal of the Senate, 73rd Legislature, regular sess., 1966,No. 35, p. 345. 5The State Journal (Lansing), June 16, 1966, p.E-l2 7 r , c I- . . . , o. -..—..- n.-. . 79 Planning Division may become a function of the Executive Office. As pointed out in Chapter II, the State Resource Planning PrOgram and the Community Planning PrOgram are functioning as independent agencies. It is hoped that some shift or relocation will occur which will unite both planning units. Such separation, if continued, could eventually produce serious difficulties. A principal means for implementing~ the resource planning pregram lies with local planning and the land development which occurs at the local level. With- out a means for carrying out any prOgram, the program be- comes wishfull thinking. Certainly there are other methods of directing land use, but the community planning program is one of the most effective. From the federal level the state planning future looks bright. If the recommendation of such an agency as the Advisory Com- mission on Intergovernmental Relations are carried out, greater emphasis on state participation will he insisted upon. Already comprehensive planning is a prerequisite for urban renewal and open space land programs. More communities than ever before are seeking 701 assistance. ‘Michigan now has 30% more requests for assistance pending approval in Washington than total prOgrams approved during any previous year. The Advisory Commission on Intergovernmental RelatiOns recommended in 1965 that federal urban develOpment grants- in—aid be channelled to local units of government through .\,.r. 80 state agencies, "... where a state: (a) provides adequate administrative machinery to carry out relevant responsibilities, and (b) provides significant financial contributions ... and technical assistance to the local governments c oncerned." 6 This position.was further amplified in the Committee on GOvernment Operations' thirtieth report transmitted to the House of Representatives (89th Congress) on June 22, 1966.7 Certainly there is a recognition at the federal level of the need for assistance for small community develOpment, be they urban or rural oriented. However, there must be a central, state controlled agency to perform the coordination function; despite such efforts to bypass the state as the Cbmmunity DevelOpment Districts Act. There appears to be little likelihood that there will be any reduction at the federal, state or local level in the acti- vities involving the 701 PrOgram, for the following reasons: 1. The Federal Government seems to be more and more concerned with the prOblems of small communities, both urban and rural.- This will result in more 6U.S., The Advisory Commission on Intergovernmental Relations, Report M-l7, June 1, 1965, p. 2%. 7U.S., Congress, House, Committee on.Government Operations, Report No. 1643,_Unshackling_Local Government, 89th Cong., 2d 8983., 1966. O I" -..... L . |A . 7‘ a . ' ~.¢ ‘u. . .i 'y ‘ » I t « , J. g n I . .7 _r - .4 V . O L '- 49f.- ..... -... 2. 81 emphasis on state participation. Indications are that G0vernor Romney is preparing to meet the challenge through the probable creation of a Department of Urban Affairs, or equivilent agency. Community interest is at an unprecedented level at all levels of local government which will pro- bably result in greater demands upon'both state and federal governments. CHAPTER VI EVALUATION Summagy The 701 Program appears to have evolved in part from weak- nesses in implementing the Title I provisions of the Housing Act of 1949. Title I originally authorized one billion dollars in loans and five hundred million dollars in capital grants over a five year period to localities; as well as ad- vances of funds to assist slum clearance and community devel- opment and redevelopment programs.1 The Housing Act of 1954 broadened the authorization for federal assistance to include the prevention and spread of slums and urban blight through the rehabilitation and conservation of blighted and deteri- orating areas.2 Thus Title I was strengthened by allowing federal participation in attacking the causes of blight as well as the effects.3 However, it was rec0gnized that to lU.S., Housing and Home Finance Agency, Chronology of Major Federal Actions Affecting Housing and Community Development, July_1892 through lgfifi, compiled by Office of General Counsel, 1964, p. 17. 2 Ibid. , p. 31. 3U.S., Congress, House, Housing_Program: Message from the President of the United States, 83rd Cong., 2d Bees. 1954, House Doc.*306. ...-....- ....-. . . 1 -- { .c . .. . M-.- _—.. .. -.- .t v . a ... . I 83 maximize results, recipients of this assistance must demon- strate that certain preliminary measures had been undertaken. These measures were referred to in the 1954 Housing Act as a "workable pregram". The Workable PrOgram requires a community to examine itself relative to: 1. The adequacy of its codes and ordinances. 2. The adequacy of its master plan for generalized future land develOpment. 3. An analysis of the existing condition of the community's neighborhood structure, including residential, commercial and industrial sectors, relative to decay, obsolescence and environmental deficiencies. 4. Its administrative organization and its ability to provide effective government. 7 5. Its financial position and ability to undertake needed public improvements. 6. Its ability to rehouse persons displaced by- public action. 7. Citizen participation in the activities and prOgrams underway or prOposed and related to the above points. 4U.S., Housing and Home Finance Agency, The Worhable Program for Community Improvement: Fact Sheet, June 1963. 84 Because of the Workable PrOgram requirements of the legisla- tion and the obvious expense (sepecially to smaller communi- ties), Congress included the Urban Planning Assistance Pro- gram to ease the resulting financial burden.5 It is the workable pregram requirement more than any other factor that has forced smaller communities to think seriously of their future. It also accounts for the similarity, regardless of community size, of the work descriptions develOped. In order, to be eligible for Title I urban renewal funds, sewer and water financial assistance, some forms of housing aid, and other programs such as park develOpment assistance, the "work- able prOgram" certification by the Urban Renewal Administra- tion must beiin effect. Following the initial certification, and annual recertification is required to retain eligibility. RecOgnizing that a Republican administration occupied the white House in 1954, it is presumed that the placing of the administrative responsibility for Section 701 at the state level, rather than the federal level, was a deliberate effort to involve state government in the whole community develop- ment process. It would seem from the events that followed in Michigan, that: (a) The state legislature didn't want the responsibility to begin with; 5 U.S., Congress, House, Housing PrOgram: Message from the President of the United States. January 1954. 85 (b) The state legislature didn't know what to do with.the reaponsibility when it got it. Consequently, the Michigan Legislature did nothing for six years 0 This early attitude of the legislature probably has been the greatest single failing of the local prOgram in Michigan - simply apathy and the consequent lack of financial support. However, despite the fact that state legislatures seem to be more and more dependent on the federal government, the Urban Planning Assistance PrOgram appears to be going to survive as a function of state government principally for the reasons outlined at the end of Chapter V. This prOgram can make it without massive infusions of state money but some degree of financial participation seems prObable in the near future. Further, with reapportionment providing greater representa- tion from the more heavily pOpulated areas of the state, political expediency will demand legislative concern and something more than lip service for 701. Limitations Limitations to the effectiveness of the 701 PrOgram in Michigan include: 1. Lack of adequate staff. In order for Michigan to meet the minimum federal staff requirements, I. %.t 2. 86 there would have to be five more community supervisors. This would mean more than doubling the present (as of September 1966) staff. PrOgram application processing time lag. Community supervisors advise applicants that the total processing time from prOgram submission to the state through final federal approval will require approximately ninety days. However, because of the federal government's preference that prOgrams be submitted in groups rather than singley, programs remain in Lansing until a pack- age of several programs can be assembled. If, for some reason, one prOgram is rejected by H.U.D. it usually affects the total package which is then returned to Lansing for rework. Lansing may then return the prOblem prOgram to the con- sultant for changes which can mean.months of delay. When several consultants are involved, much irritation with the system may result. Inability, under the present legislated framework, to be able to function effectively, constructively, and with imagination. Again this strikes at the shackles imposed from the outset of the program in Michigan, and the consequent inability of the staff to assume a strong leadership role in developing new and better ways to assist Michigan communities. . , , ‘ _ 4 “A . ~ 7 l ’ A I . O . h ‘ v - ~ ' ' i . .l ' l I " D < _ A . ‘ . . > . - . . - ‘ . . , — v ‘ . 0' _ . ‘ I ‘ fl 1 I ‘ ‘ l ' - -. ‘ ' ‘ n ‘ . r , , . ‘ . .v . ‘ - ‘ > ‘ , ‘ l‘ , ‘ ’ i i - ' ‘ 4 > -. - I ~ . ’7 . f _ . ‘ O I . ll _ . l I ‘ c .- l , . . y I l ‘ ‘ O c '. r I . '\ ‘ ‘ 1 \ . i . \- . ‘ ' X J ‘ 'i L .4 ’ ’ . ‘ ~ , - n 1 . I , ', -‘ .1 | _ ,. , . — ’ j a . ‘ t . . W » , ' ‘ L . ‘ = s l . - . ~ ( h ‘ ~ > u 1 . ‘ 1 g ’ . ' . . . . ‘ I. Q — _ .1 V I ~‘ ' .1 n ' v .. . ’ I . I . . ,. v I , . . . n . . , L n , , ‘ I " 1 - 87 4. General inability of the state staff to assist consultants in the usually difficult task of educating communities in the importance of plan- ning as a sensible and economic continuing pro- cess for better and more efficient government. Fortunately Michigan's 701 PrOgram has been able to rely on its major consultants who have pro— vided this service in the past. In light of this fact, it is small wonder that some consul- tants feel that the 701 Program would.be better off without state administration. It is quite obvious that most of the above shortcomings could be effectively overcome if adequate staff could be acquired. They reflect on the legislature and reveal its unwillingness to be an active partner in resolving the phy- sical and economic growth prOblems of its political sub- divisions. In addition, it points up Michigan's failure to rec0gnize efforts by the Federal GOvernment to involve the state directly in the preservation of its own capital investment. CHAPTER VII RECOMMENDATIONS AND CONCLUSIONS Recommendations The following recommendations are offered to provide a more effective state administration of the 701 Urban Planning Assistance Program in.Michigan: 1. Establishment, by legislative act, of both the State Resource Planning PrOgram and the Community Planning Program in the EXecutive Office. This would allow for the development of a system of planning, programming and budgeting similar to that recommended by Harold.F. Wise, Michigan's resource planning prOgram consultant. Mr. Wise states that this system seeks to provide a basis for the allocation of governmental resources in terms of the 30b to be done and the results to 1 be expected. Such a move would provide for: (a) The develOpment of a statewide resource lHaroldF'.Wise, Planning—PrOgramming—Budgeting Systems and the PlanninggRole: Paper $5, Prepared for the 1967 Government Relations and Planning Policy Conference (Washington, D.C. American Institute of Planners, 1966), p.3. 88 policies prOgram by the state planning staff which coincides with the Governor's Objectives and views for state development. The exis- tance of the bureau of the budget within the Executive Office provides a source of finance for fiscal implementation through the annual budget. (b) The physical implementation of the plan as it relates to urbanization and the physical and social develOpment of the state. The Community _Planning Division, through its responsibility to administer 701 funds, has the ability to predetermine the direction in which the funds will flow as well as the types of plans which shall be developed. It is suggested that both planning divisions be responsible, under division chiefs, to a technical coordinator. The technical coordinator would be responsible to an agency director. With the excep— tion of the agency director, all staff personnel should possess state civil service status. The agency director should be appointed by the Governor. Such a system would provide the following benefits: (a) The Governor could furnish "his own man" who is familiar with the Governor's Objectives, to head the agency. The agency director would serve at the pleasure of the incumbent governor. 2. 90 (b) The remainder of the staff, under civil ser- vice, would provide the agency with qualified, experienced personnel subject to competency criteria established by the Michigan Civil Service Commission. In addition, security would be provided for the staff regardless of the political situation. This provision would make the position more attractive to profes- sional persons. (c) If the transfer is made through legislative action, the agency could not.be dissolved without legislative repeal even if an "anti- planning" governor should be elected. In effect, the process would allow the Governor to more clearly state his position, provide for imple- mentaion, and allow for a method of measuring suc- cess. Theoretically, it would anable the voter to determine the direction the Governor is moving the State. Creation of an advisory committee to assist in the establishment of overall policies and guidelines for: (a) Implementing the State Resource Development PrOgram and plan; and the local 701 assistance prOgram. (b) Providing service and overall advice to commun- ities in their development programs and related prOgrams of the Governor on a continuing basis. 4. 91 (c) Disseminating public and semi-public infor- mation on community planning. In addition, it would be the responsibility of this committee to review existing and proposed community develOpment legislation relative to its adequacy, utility and possible amendment. This committee should also function as a lobby agency for needed new legislation in the field of urban and rural com- munity develOpment. Designation of the committee to be established by the Governor for implementing the provisions of Act 218 of the Public Acts of 1966 to render the service outlined in item 2 above. (See Appendix G, sec. 8) Such a committee would have the knowledge and under- standing of the job to be done, and through its involvement.with the planners at the local level of government, would be aware of the competence of the planning peOple who will be doing the jOb. Conse- quently, they will also be aware of the weaknesses in the system and thereby better equipped to fulfill the responsibilities identified in recommendation 2. Absorption by the State of'Michigan of all adminis- tration costs incurred as the result of state in- volvement in the 701 PrOgram. Whether or not the 701 PrOgram is to be used as an implementation de- vice for statewide develOpment objectives, the state should assume the financial responsibility for its administration. If the state is to assume even token leadership in the matter of physical community development and the coordination of massive expendi- tures of public funds, it muSt demonstrate its sin- cerity and good faith to federal and local officials alike by carrying some of the financial burden. Payment by the state of one—half of all local costs for 701 continuing planning as an incentive to Mich, igan communities to update their plans. Unless com- prehensive community planning is thought of as a continuing process, the initial prOgram effort may well have been a waste of public funds. As defined at the beginning of Chapter V, a comprehensive plan- ning prOgram is the whole of the continuing planning process, including: the gathering and analysis of data; consideration of alternatives; formulation of the Comprehensive Development Plan and regulatory measures for implementing the Plan; coordinative, administrative, and educational measures related to the Plan; and the maintenance and updating of the Plan. Approximately 3.5 million dollars have been spent on local 701 prOgrams in.Michigan since its beginning in 1960. For less than one-half million dollars of state funds, all of these community plans could be made current. cc 93 Conclusion The future of 701 looks reasonably bright despite the short- comings imposed by legislative decree in.Michigan.~cThis view is held principally because the prOgram originated at the federal level and is funded at the federal level-- meaning that, despite past and possible future apathy by the Michigan Legislature, the program could continue as a "lame duck" for some time to come. Certainly all of the recommen- dations advanced here need not be implemented. Substantial benefits could acrue with modest changes, if authorized by the Michigan Legislature or Administration. In addition, the Federal 60vernment is requiring that compre— hensive community planning be underway in advance of a com- munity's establishment of eligibility for many other federal assistance prOgrams. The 701 PrOgram satisfies this prere- quisite for all small communities and involves the following prOgrams: Low-rent Housing Water and Sewage Grants Public Facility Loans Urban Renewal Code Enforcement Grants Demolition of Unsound Structures Open Space Land PrOgrams Urban Beautification Advance Acquisition of Land Mass Transportation Outdoor Recreation Community Renewal PrOgram These are all H.U.D. prOgrams and admittedly many other fed- eral prOgrams parallel these efforts which are not well 93 Conglusion The future of 701 looks reasonably bright despite the short- comings imposed by legislative decree in.Michigan.~cThis view is held principally because the prOgram originated at the federal level and is funded at the federal level-- meaning that, despite past and possible future apathy by the Michigan Legislature, the program could continue as a "lame duck" for some time to-come. Certainly all of the recommen- dations advanced here need not be implemented. Substantial benefits could acrue with modest changes, if authorized by the Michigan Legislature or Administration. In addition, the Federal G0vernment is requiring that compre— hensive community planning be underway in advance of a com- munity's establishment of eligibility for many other federal assistance prOgrams. The 701 PrOgram satisfies this prere- Quisite for all small communities and involves the following prOgrams; Low-rent Housing Water and Sewage Grants Public Facility Loans Urban‘Renewal Code Enforcement Grants Demolition of Unsound Structures Open Space Land PrOgrams Urban Beautification Advance Acquisition of Land Mass Transportation Outdoor Recreation Community Renewal PrOgram These are all H.U.D. prOgrams and admittedly many other fed— eral prOgrams parallel these efforts which are not well coordinated--or even coordinated at all. However, greater efforts are now underway to correct this weakness. On Sep- tember 2, 1966, the Office of the White House Press Secretary released a "Memorandum from the President on Coordination for DevelOpment Planning“ to the:‘ Secretary of Commerce Secretary of Health, Education and Welfare Secretary of Housing and Urban DevelOpment Secretary of Interior Secretary of Agriculture Director, Office of Economic Opportunity Co-Chairman, Appalachian Regional Commission Director, Bureau of the Budget In part, the President said: "At the Federal level, we must coordinate our efforts to prevent conflict and duplication among federally-assisted comprehensive plan- ning efforts. This should have two aspects: State and local develOpment planning agen- cies should be encouraged to work tOgether in.using common or consistent planning bases (i.e., statistical and economic esti- mates), and in sharing facilities and re- sources. _ Boundaries for planning and develOpment districts assisted.by the Federal Government should be the same and should be consistent with established State planning districts and regions. Exceptions should be made only where there is clear Justification. I am requesting the head of each of the depart- ments and agencies concerned with these matters to work with the Director of the Bureau of the Budget to insure the fullest coordination in fixing the boundaries of multi-Jurisdictional planning units assisted by the Federal Government." On February 2, 1967, Senator Scott of Pennsylvania introduced The Comprehensive Planning and Coordination Act of 1967 (3.799). As keynote speaker at the American Institute of Planners' recent 4th'biennial Government and Planning Policy Conference, Senator Scott stated: "My bill seeks to make the myriad of federal prOgrams work in concert at the federal level through methods of coordination which recOgnize the individual and differing needs of states, regions and metrOpolitan areas. Under my bill, the large number of new federal prOgrams of grants-in—aid to the states and local govern— ments is to be coordinated through a comprehen- sive planning process. Planning assistance prOgrams are to be adjusted and strengthened to support the federal system on a more depend— able and regular basis." The Office of Emergency Planning, currently a function of the Executive Office of the President, is renamed in Section 4 of the bill as the Office of Comprehensive Development and Emergency Planning, with its duties expanded to "... provide the essential coordination needed to make federal prOgrams and staff action most effective." OCDEP would thus absorb and expand the Urban Planning Assistance PrOgram administered by HUD, but the agency prOgrams and project planning prOgrams now administered through various federal agencies would not be affected. Section 701 of the Housing Act of 1954 would be amended, including definition of the terms "planning" and "plan” to mean planning and plans for the various functional components of urban physical develOpment.2 There seems to be substantial evidence that the Federal Gov- 2American Institute of Planners Newsletter, "Bill Amends 701, Redefines Planning", Vol 2, No. 2, February 1967, , p. 2. 96 ernment intends to continue with the "701" philosophy of a comprehensive planning approach, whether it continues to re- fer to it as the "Urban Planning Assistance PrOgram" or by some other reference. In terms of what remains to be done, recent research under- taken by the Michigan Society of Planning Officials indicates that out of the total (1960) pepulation of 7,723,194-Michigan citizens, 2,417,114 or 30% are benefitting directly from the 701 Urban Assistance Program. Another 3,115,807 or 40% live in the seventeen cities having more than 50,000 population and are therefore ineligible for 701 assistance. The re— maining 30%, or 2,290,273 persons, are yet to become involved.3 At best, the initial 30b of the 701 PrOgram in Michigan could be considered as half finished. 3Michigan Society of Planning Officials, 10c. cit. ,I APPENDIX A APPENDIX A A Krno‘ .‘(It ' 98 Attachment to Planning Agency Letter No. #9 SECTION 701 OF'THE HOUSING-ACT 0F 195-h,- AS AMENDED THROUGH.AUGUST 10, 1965 , URBAN PLANNING SEC. 701 (a) In order to assist State and local governments in solving planning problems resulting from the increasing concentration of population in metropolitan and other urban areas, including smaller communities; to facilitate comprehensive planning for urban development, including coordinated transportation systems, on a continuing basis by such governments; and to.. encourage such governments to establish and improve planning staffs, the [Housing and Home Finance] Administrator is authorized to make planning grants to-- - (1) State planning agencies, or (in States where no such planning agency exists) to agencies or instrumentalities of State government designated by the Governor of the State and acceptable to the Administrator as capable of carrying out the planning functions contemplated by this section, for the provision of planning assistance to (A) cities and other municipalities having a population of less than 50,000 according to the latest decennial census, and counties without regard to population: Provided, That grants shall be made under this paragraph for planning assistance to counties having a population of 50,000 or more, according to the latest decennial census, which are within metropolitan areas, only if (i) the Administrator finds that planning and plans for such county will be coordinated with the program of comprehensive planning, if any, which is being carried out for the metropolitan area of which the county is a part, and (ii) the aggregate amount of the grants made subject to this proviso does not exceed 15 per centum of the aggregate amount appropriated, after the date of enactment of the Housing Act of 196%, for the purposes of this section, (B) any group of adjacent communities, either incorporated or unincorporated, having a total population of less than 50,000 according to the latest decennial census and having common or related urban planning problems, (C) cities, other municipalities, ' and counties referred to in paragraph (3) of this subsection and areas referred to in paragraph (A) of this subsection, and (D) Indian 'reservations; (2) official State, metropolitan, and regional planning agencies,, or other agencies and instrumentalities designated by the Governor (or Governors in the case of interstate planning) and acceptable to the Administrator, empowered under S ate or local laws or interstate compact to perform metropolitan or regional planning; A - - (3) cities, other municipalities, and counties which (A) are situated in areas designated by the Secretary of Commerce under section 5 of the Area RedevelOpment Act as redevelopment areas or (B) have suffered substantial damage as a result of a catastrophe which the President, pursuant to section 2(a) of "An Act to authorize PBderal assistance to States and local governments in major disasters, and for other purposes” has determined to be a major disaster; r" ‘ b "" ‘cnhv EXFRO‘ ’ "()‘“Y AQBJ AQU) .145“; ,OUJXI «.1.» Loaax .00 M --,_ ..r - 2 - , (h) to official governmental planning agencies for areas where rapid urbanization has resulted or is expected to result from the establishment or rapid and substantial expansion of a Federal installation; (5) State planning agencies for State and interstate comprehensive planning (as defined in subsection (d)) and for research and coordination activity related thereto; (6) metropolitan and regional planning agencies, with the approval of the State planning agency of (in States where no such planning agency exists) of the Governor of the State, for the provision of planning assistance within the metropolitan area or region to cities, other municipalities, counties, groups of adjacent communities, or Indian reservations described in clauses (A), (B), (C), and (D) of paragraph (1) of this subsection; (7) to official governmental planning agencies for any area where there has occurred a substantial reduction in employment opportunities as the result of (A) the closing (in.whole or in part) of a Federal installation, or (B) a decline in the volume of Government orders fer the procurement of articles or materials produced or manufactured in such area; a (8) tribal planning councils or other tribal bodies designated by the Secretary of the Interior for planning for an Indian reservation to which no State planning agency or other agency or instrumentality is ' empowered to provide planning assistance under clause (D) of paragraph (1) above; and L (9) the Appalachian Regional Commission, established by the Appalachian Regional Development Act of 1965, for comprehensive planning for the Appalachian region as defined by section #03 of such Act. Planning assisted under this section shall, to the maximum extent feasible, cover entire urban areas having common or related urban development problems.. The Administrator shall encourage cooperation in preparing and carrying out plans among all interested municipalities, political subdivisions, public agencies, and other parties in order to achieve coordinated development of entire areas. To the maximum extent feasible, pertinent plans and studies already made for areas shall be utilized so as to aviod unnecessary repetition of effort and expense. Planning which may be assisted under this section includes the preparation of comprehensive urban transportation surveys, studies, and plans to aid in solving problems of traffic congestion, facilitating the circulation of people and goods in metropolitan and other urban areas and reducing transportation needs. Funds available under this section shall be in addition to and.may be used Jointly with funds available for planning surveys and investigations under other Federally-aided programs, and nothing contained in this section shall be construed as affectiig the authority of the_ Secretary of Commerce under section 307 of title 23, United States Code. JJDO -3- (b) . A planning grant made under this section shall'not exceed two-thirds of the estimated cost of the work for which the grant is made: Provided, That such a grant may be in an amount not exceeding three-fourths of such estimated cost to an official governmental planning agency for an area described in subsection (a)(7), or for planning being carried out for a city, other municipality, county, group of adjacent communities, or Indian reservation in an area designated by the Secretary of Commerce as a redevelopment area under section 5 of the Area Redevelopment Act (or under any Act supplementary thereto), to States participating in planning for Appalachian regional programs, for expenses incurred in the course of such planning, or to the Appalachian Regional Commission. ,All grants made under.this section shall be subject to terms and conditions prescribed by the Administrator. No portion of any grant made under this section shall be used for the preparation of plans for specific public works. The Administrator is authorized, notwithstanding the provisions of section 36MB of the Revised Statutes, as amended, to make advances or progress payments on account of any grant made under this section. There is hereby authorized to be appropriated not exceeding $230,000,000 to carry out the purposes of this section, and any amounts so appropriated shall remain available until expended: Provided, That not to exceed 5 per centum of any funds so appropriated may be used by the Administrator for studies, research, and demonstration projects, undertaken independently or by contract, for the development and improvement of techniques and methods for comprehensive planning and for the advancement of the purposes of this section. '1 (c) The Administrator is authorized, in areas embracing several municipalities or other political subdivisions, to encourage planning on a unified metropolitan basis and to provide technical assistance for such planning and the solution of problems relating thereto. (d) It is the further intent of this section to encourage comprehensive planning, including transportation planning, for States, cities, counties, metropolitan areas, urban regions, and Indian reservations and the establishment and development of the organizational units needed therefor. The Administrator is authorized to provide technical assistance to State and local governments and their agencies and instrumentalities, and to Indian tribal bodies, undertaking such planning and, by contract or otherwise, to make studies and publish information on related problems. In extending financial assistance under this section, the Administrator may require such assurances as he deems adequate that the appropriate State and local agencies are making reasonable progress in the development of the elements of comprehensive planning. Comprehensive planning, as used in this section, includes the following, to the extent directly related to urban needs; (l) preparation, as a guide for long-range development, of general physical pl ans with respect to the pattern and intensity of land use and the provision of public facilities, includin transportation facilities, together with long-range fiscal plans for such development; (2) programing of capital improvements based on a determination of relative urgency, together with definitive financing plans for the improvements to be constructed in the earlier years of the program; (3) coordination of all related plans of the departments or subdivisions of the government concerned; (A) intergovernmental coordination of all related planned ." 5299' '3‘”°‘ ., ~]i)l ""I'“' “i\ 0!:th OUJX l C) 1 x . J ., -,, 7,1 - )1 _ activities among the State and local governmental agencies concerned; and (5) preparation of regulatory and administrative measures in support of the foregoing. ‘ " ' " - - (e) In the exercise of his function of encouraging comprehensive planning by the States, the Administrator shall consult with those officials of the Faderal Government responsible for the administration of programs of Faderal assistance to the States and municipalities for various categories of public facilities. - (f) The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in the comprehensive planning for the physical growth and development of interstate, metropolitan, or other urban areas, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts. - (g) In addition to the planning grants authorized by subsection (a), the Administrator is further authorized to make grants to organizations composed of public officials whom he finds to be representative of the political jurisdictions within a metropolitan area or urban region for the purpose of assisting such organizations to undertake studies, collect data, develop regional plans and programs, and engage in such other activities as the Administrator finds necessary or desirable for the solution of the metropolitan or regional problems in such areas or regions. To the maximum extent feasible, all grants under this subsection shall be for activities relating to all the' develOpmental aspects of the total metropolitan area or urban region, includihg, but not limited to, land use, transportation, housing, economic development,. natural resources development, community facilities, and the general improvement of living environments. A grant under this subsection shall not exceed two-thirds of the estimated cost of the work for which the grant is made. APPENDIX B IUD} Michigan Department of Economic Expansion llO Stevens T. Mason Building Lansing, Michigan MICHIGAN DEPARTMENT OF ECONOMIC EXPANSION Act 116 of the Public Acts of 1963 AN ACT to create a state department of economic expansion and an economic expansion council, and to prescribe their powers and duties; and to repeal certain acts and parts of acts. The People of the State of Michigan enact: Sec. 1. There is created a department of state government to be known as the department of economic expansion, consisting of the executive director of economic expansion as head of the department, a deputy executive director of economic expansion if appointed, such departmental divisions as the executive director establishes, and such other employees as are hereinafter provided for. The organization of the department is subject to the approval of the governor. Sec. 2. The governor shall appoint, with the advise and consent of the senate, an executive director of economic expansion who shall serve at the pleasure of the governor. The executive director may appoint a deputy executive director of economic expansion. Sec. 3. The records, files and property of the department of economic development are transferred to the department of economic expansion. Wherever reference is made in the laws of this state to the department of economic development or the commission of economic development, such reference shall be deemed to mean the department of economic expansion and wherever reference is made in the laws of this state to the chairman of the commission of economic development, such reference shall be deemed to mean the executive director of the department of economic expansion. Sec. 4. The executive director shall plan and direct the carrying out of an economic expansion program for the state. The program shall aid the creation of new job opportunities, encourage the expansion, development and diversification of industry, commerce and agriculture and the bringing of new industry to this state, and create an atmosphere in which the businesses of the state may prosper and its citizens may enjoy the benefits of a growing economy. The program shall include, but not be restricted to, the following activities: (a) Investigation and study of conditions affecting the economy of the state, technical studies and statistical research and surveys necessary or useful for the expansion of the economy and collection and dissemination of such information as may be beneficial to public and private organizations. (b) Encouragement of scientific research, and the development of new and more extensive use of forest, mineral and other resources, through the universities and colleges of the state, and other public and private agencies. (c) Conducting research.and recommendations of programs necessary to provide training for vocational skills needed to take full advantage of the state‘s human resources. (d) Recommendations to the governor and the legislature, for the study and improvement of conditions, and for the elimination of restrictions, trade barriers and burdens imposed by law or otherwise, which may adversely affect or retard the legitimate development and expansion of industry, commerce or agriculture. 1Cfl+ (e) Study and advice to the governor, the legislature, industry and interested organizations and associations as to means and methods of providing financing for economic expansion in the state. (f) Promotion and encouragement of the expansion and development of markets in domestic and international trade for products of the state. (g) Publicizing of the material, economic and cultural advantages of the state which make it a desirable place for business and residence. (h) Advise and cooperate with, regional, county, municipal and other local planning agencies within the state, for the purpose of encouraging cultural,.economic, and physical self—improvement of the communities and coordination of state and local planning. (i) Confer and cooperate with the executive, legislative and planning authorities of the United States and neighboring states, and of the counties and municipalities of such neighboring states, for the purpose of bringing about coordination between the development of such neighboring states, counties and municipalities, and the development of this state. (3) To conduct research and make recommendations to the governor for the general prupose of guiding and accomplishing a coordinated and efficient development of the state in accordance with present and future needs and to best utilize the state's natural, material and human resources. Upon direc- tion of the governor the department shall utilize and coordinate the research facilities of state departments and institutions in the interest of Mich- igan's economic and other development. " Sec. 5. The department of economic expansion, in addition to its other powers and duties, may: (a) Accept, with legislative approval, grants of funds made by the United States or any department or agency thereof or other public or private agency or individual in this state or other states. (b) Enter into contracts with boards, commissions and agencies, both public and private, and with individuals to carry out the purposes of this act. (0) Succeed to the rights and carry out the obligations of this state with respect to existing contracts executed on behalf of the state by the department of economic development and execute necessary amendments thereto with the power to carry out the obligations set forth in such amendments. (d) Act as the state's official liaison agency with federal agencies concerned with economic development and public works programs. Sec. 6. Upon the request of the governing body of any city, village, county, township or regional planning district, the department of economic expansion may apply for and accept grants without further legislative approval from the federal government for planning assistance for the local units of government, which includes but is not limited to surveys, land use studies, urban renewal plans, technical services and other planning work. State costs shall be reimbursed to the state by the local units of govern— ment. The department may accept and expend grants from the federal govern- ment and other public or private sources, contract with reference thereto, and enter into other contracts and exercise all other powers necessary to carry out the purposes of this section. The records, files and property of the department of administration relating to this power are transferred to the department of economic eXpansion. Employees of the department of administration as designated by the state controller are transferred to the department of economic expansion on the effective date of this act retaining their civil service classifications without further examination or qualifica- tion. Such employees shall perform such duties as may be assigned to them by the executive director. -2- IUDS Sec. 7. There is created an agency of the state to be known as the economic expansion council consisting of 25 members including the executive director of the department of economic expansion as an ex-officio member. The governor shall appoint the other members of the council for terms of office coterminous with that of the governor and until their successors are appointed. The governor shall appoint the chairman of the council who shall serve at the pleasure of the governor. The council shall elect such other officers it deems necessary, determine their terms of office and shall adopt such other rules and regulations necessary to govern its procedure and business. The council shall meet at the call of the governor or the chair- man. Ten members constitute a quorum. The chairman may appoint, with the approval of the governor, such committees, including an executive committee, as may be necessary to carry out the duties of the council. The membership of the committees, except the executive committee, is not restricted to members of the council.' The council shall advise the governor and the department of economic expansion in the areas in which the department is granted authority under section h. The council shall be responsible to the governor and shall make an annual report to him and the legislature concern- ing the activities of the council. Members of the council shall serve with- out compensation but shall be entitled to reasonable and necessary expenses incurred in the discharge of their duties. Sec. 8. Act No. 302 of the Public Acts of 1947, as amended, being sections 125.1 to 125.8 of the Compiled laws of 1948, and section 17 of Act No. 51 of the First Extra Session of 1948, as added by Act No. llO of the Public Acts of 1960, being section 18.17 of the Compiled Laws of 1948, are repealed. ' This act is ordered to take immediate effect. Approved may 10. 1963 (signed) George Romney ' Governor. 3:5:6 APPENDIX C 107' URA 65 12-66 CONTRACT REQUIREMENTS MICHIGAN URBAN PLANNINS ASSISTANCE PRMRAM ELIGIBILITY STANDARDS FOR PLANNING CONSULTANTS Professional planning activity within the meaning and intent of the Urban Planning Assistance Program may include any professional service, such as administration, consultation, investigation, evaluation, design, or re- sponsible supervision in the development of comprehensive community plans. or technical bases for zoning and subdivision ordinances, which is intended primarily to guide governmental policy for the assurance of the orderly and coordinated development of'municipal, county, regional, and metropolitan areas. To be eligible to contract‘with the State of Michigan under the Urban Plan- ning Assistance Program, all prospective planning consultants (public and private) must meet and comply with the following requirements: 1. Only a professional firm or municipal, county, or regional planning commission may contract to provide planning services. For the duration of an urban planning assistance contract, a consultant shall not render other types of professional ser- vices for a fee in the planning area for which the consultant is providing professional planning services which could in any 'wsy result in a conflict of interest. The State of Michigan shall be responsible for making final determinations as to whether a conflict of interest does, or could, exist. 2. Any firm, or agency, contracting for an urban planning assis- tance project shall have at least one full-time community planner on its staff who meets the following academdc and professional experience requirements: a. Have had not less than 8 years of planning experience, except as provided in item."b," in the types of work necessary to the preparation and implementation of comprehensive community plans, not less than 2 years of which shall have been in the united States. b. A.maximum.waiver of 3 years' planning experience may be allowed for one degree only as follows: 1) Doctorate or Master's degree in planning: 3 years' credit. 2) Bachelor's degree in planning: 2 years' credit. 3) Doctorate or Master's degree in a related field, including but not limited to, architecture, land- scape architecture, civil engineering, sociology, economics, geography, political science, or public administration: 2 years' credit. 4) Any other degree in a related field: 1 year's credit. 3. 4. 5. 6. IU38 For any urban planning assistance project there shall be a person designated as "Planner-in-Charge." This person shall be a full- time member of the firm or agency under contract and shall exercise on-the-job supervision of all work done under the urban planning assistance contract. No Planner-in-Charge shall be responsible for more than 6-8 contracts at any given time, depending on the size and complexity of the prOgrams. . To qualify as a Planner-in-Charge, the following requirements shall be met: a. Be registered as a Professional Community Planner according to the provisions of Act No. 218, P.A. of 1966, known as the "Professional Community Planners Act," or b. Have had not less than 6 years of planning experience, except as provided in subdivision "c," in the types of work neces- sary to the preparation and implementation of comprehensive community plans, not less than 2 years of which shall have been in the United States. c. A.maximumxwaiver of 3 years’ planning experience may be allowed for one degree only as follows: 1) Doctorate or Master's degree in planning: 3 years' credits 2) Bachelor's degree in planning: 2 years' credit. 3) Doctorate or Master's degree in a related field including, but not limited to, architecture, landscape architecture, civil engineering, sociology, economics, geography, political science, or public administration: 2 years' credit. 4) Any other degree in a related field: 1 year's credit. All planning work, advice, or reports submitted in fulfillment of contract work items shall be approved in writing by the Planner-in- Charge. The prospective consultant must submit evidence satisfactory to the State, when requested, that his resources and facilities, as well as the qualifications of the person to be designated as Planner-in- Charge, are adequate to discharge his contractual responsibilities. Failure to comply with the above conditions may result in the in- eligibility of the consultant for further participation in the urban Planning Assistance Program. 'AUU») |oaax3 \/ g -' ‘. '.109 1333.31 - v Michigan Department of Commerce Office of Economic Expansion Community Planning Division 208 E. Michigan Avenue Lansing, Michigan 48913 1/67 PLANNING CONSULTANTS ROSTER Urban Planning Assistance Program . To be eligible to contract under the Urban Planning Assistance "701" Program.in ' Michigan, all planning consultants must meet certain professional standards. Below are those planning consultants meeting these professional standards, ac- cording to information currently available, with whom the State of Michigan would contract for 701 work: Architects & City Planners 2270 west Liberty Ann Arbor, Michigan Phone: 313 761-1061 or 436 South Saginaw Flint, Mich igan Phone: 313 234-4541 Bagby, Scott & Associates 1110 N. Monroe Grand Rapids, Michigan 49503 'Phone: 616 CL 4-4239 Bartholomew, Harland & Associates 165 N. Metamec St. Louis 2, Missouri 63105 Phone: 314 PArkview 6-1300 or 120 West Madison Street Chicago,Illinois Phone: 312 263-7475 Barton-Aschman Associates, Inc. 5th Floor Benefit Trust Building 1771 W. Howard Street Chicago, Illinois 60626 Phone: 312 338-3200 Candeub, Fleissig & Associates 53 West Jackson Boulevard Chicago 4, Illinois Phone: ' 312 922-0245 City Planning Associates, Inc. 524 East McKinley Highway Mishawaka, Indiana Phone: 219 Blackburn 95641 Comprehensive Planning Services 614 MacArthur Building Flint 2, Michigan Phone: 313 233-6222 {keno} CODY = Dalton-Dalton Associates, Inc. The Arcade Cleveland, Ohio 44114 Phone: 216 861-0300 Driker Associates, Inc. 4120 West Maple Road Birmingham, Michigan 48010 Phone: 626-4880 Geer Associates PlanningConsultants, Inc. Box 309 ' Bloomfield Hills, Michigan Phone: 313 MI 4-8410 William 8. Lawrence & Associates 22 West Madison Street Chicago, Illinois 60602 Phone: 312 FInancial 6-2353 Matthews, Charles W., Consulting Engineer - City Planner 3212 Beredith Place Cincinnati, Ohio 45213 L Phone: 531 351-1369 ' i Mills, Raymond & Associates, Inc. 516 Ashman Street Mid land , Michigan Phone: 517 TEmple 5-8711' Munson-Anderson 6. Associates 19741 Thirteen Mile Road Roseville, Michigan Phone: 313 293-3711 Perkins, Rogers &,Associates, Inc. 2889 West Grand Boulevard Detroit 2, Michigan 48202 Phone: 313 872 6900 Stanton 5. Rockwell 20 North wacker Drive Chicago 6, Illinois Phone: 312 PRanklin 2-6041 (XI-5901 " . 1‘ Hr; '- D I ! , u,. s I — _—I._. ...-on.m— A . Vilican-Leman &.Associates, Inc. 29621 Northwestern Highway Southfield,‘Michigan Phone: 313 356-8181 ' waring and Johnson 14800 Fenkell Detroit 28, Michigan 48228' Phone: 313 VErmont 68270 Williams, Clyde E. 1902 N. Sheridan Road South Bend, Indiana Phone: .Williams and Works 250 Michigan, N.E. . Grand Rapids, Michigan 49503 Phone: 616 459-4201 Frank Suggitt Box 187A Mason, Michigan Phone: 517 332 2961 r613, ‘Ct‘i'Y Tiano] :(‘(“"’ 3 11C APPENDIX D 3112 UPA-54 .2/66 Project Number State of Michigan Department of Commerce Municipality Community Planning Division 208 E. Michigan Avenue Lansing, Michigan Consultant STATE OF MICHIGAN DEPARTMENT OF COMMERCE URBAN PLANNING ASSISTANCE PROJECT CONTRACT THIS CONTRACT, entered into on the day of , 19 , _ by the State of Michigan, acting through the Department of Commerce, party of the first part, hereinafter referred to as the "Department", and the , County, party of the second part, Ehre- inafter referred to as the "Municipality", and , a ' 9 (Identify whether corporation, partnership, sole proprietorship, assumed name,etc) Planning Consultant, (located) (incorporated) (registered) in the State of , with principal offices located at (Street Address) , party of the third part, hereinafter referred to as the (City)- (State) ' the "Consultant". WITNESSETH THAT: WHEREAS, under the provisions of Title VII, Section 701, of the Housing Act of 1954, Public Law 560, 83rd Congress, 68 Stat. 590, approved the 2nd day of August, 1954, as amended, funds are being made available by the Urban Renewal Administration of the Department of Housing and Urban Development of the Federal government to the State of Michigan, acting through the Department of Commerce, to assist local govern- ments in solving planning problems resulting from increasing concentration of popu- lation in metropolitan and other urban areas, including smaller communities, to facilitate comprehensive planning for urban development by local governments on a continuing basis and to encourage local governments on a continuing basis and to encourage local governments to establish and develop planning staffs, and WHEREAS, the aforesaid Municipality has an officially established planning commission and has requested that the Department of Commerce provide planning assistance which will help the Municipality in the solving of development problems resulting from increasing concentration of population, in achieving comprehensive planning for urban development on a continuing basis, and in the establishment and development of a planning staff to serve the Municipality, including measures neces- sary to protect the housing resources of the Municipality, and .113 WHEREAS, the State of Michigan, acting through the Department of Commerce, proposes to provide planning assistance to the Municipality in the form of technical services, and WHEREAS, it is the intention of the Department to utilize the Federal funds provided for under Title VII, Section 701, supra, and WHEREAS, it is the intention of the Department, in order to supply the above- mentioned technical services, to engage the services of the Consultant identified above, NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties hereto, legally intending to be bound hereby, do covenant and agree for themselves and their respective successors and assigns, as follows: ARITICLE I CONSULTANT'S SERXICES AND RESPONSIBILITIES 1. The Consultant shall perform such services as are specified by this Contract and such services as are specified by Appendix No. l, which is appended hereto and made a part of this Contract. In performing the services specified by this Contract, the Consultant shall follow generally accepted community planning practices con- sistent with the highest professional and technical standards. 2. The planning studies completed and the services performed as specified by this Contract shall cover that area graphically identified as the "Planning Area" on the map in Appendix No. 1, with such extensions beyond the "Planning Area" as may be required for the various phases of the planning studies specified in Appendix No. 1. 3. The planning studies, recommendations and reports completed by the Consultant, as specified by this Contract, shall consider, provide for and clearly portray co- ordinated relationships between Municipalities within the "Planning Area", coordina- tion with areas adjacent to the "Planning Area" and coordination with related Federal, state, regional or county programs affecting the "Planning Area". 4. The Consultant represents that he has, or will secure at his own expense, the qualified personnel required to perform the services specified by this Contract. Such personnel shall not be employees of the Department or the Municipality. In addition, such employees shall not have any contractual relationship with the Department, or the Municipality, which would result in a conflict of interests under the present Contract. 5. The Consultant shall provide workmen's compensation insurance where the same is required, and shall accept full responsibility for payment of unemployment.insurance, premiums for worken's compensation and social security, as well as all income tax deductions and any other taxes or payroll deductions required by law for his em- ployees who are performing services specified by this Contract. 6. The Consultant hereby agrees to furnish services in the amount necessary to complete promptly and effectively the planning studies specified by this Contract. All of the services specified by this Contract shall be performed by the Consultant, or by the Consultant's associates and employees under the personal supervision of the Consultant. 114- 7. None of the services specified by this Contract shall be subcontracted by the Consultant without the prior written approval of the Department. 8. All materials developed, prepared, completed, or acquired by.the Consultant during the performance of the services specified by this Contract, including all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports shall become the property of the Municipality and shall be delivered to the Municipality's Planning Commission during the Contract period. All such materials shall be confidential and shall not be released by the Consultant at any time without the prior written approval of the Municipality. 9. All reports, maps and other documents prepared or completed under this Contract, other than documents prepared or completed exclusively for internal use within the Department or the Municipality, shall carry the following notation on the same page (or, in the case of maps, in the same block) containing the name of the Municipality: "The preparation of this (report, map, document, etc.) was financially aided through a Federal grant from the Urban Renewal Administration of the Department of Housing and Urban Development, under the Urban Planning Assistance Program authorized by Section 701 of the Housing Act of 1954, as amended, administered by the Michigan Department of Commerce." 10. No report, map, document, or other data prepared or completed under this Contract shall be copyrighted by the Consultant, nor shall any notice of copyright be registered by the Consultant in connection with any report, map, document, or other data prepared or completed by him under this Contract. 11. The Consultant shall deliver to the Department within the Contract period five (5) copies of all reports documenting the basic studies, preliminary and final plan- ning proposals and regulatory measures specified by this Contract. 12. Prior to final printing of reports on any Contract work item specified in this Contract, the Consultant shall provide copies of all such reports in preliminary or interim form to the Municipality's Planning Commission and to the Department for review and approval. After such preliminary or interim.planning reports have been approved by the Municipality's Planning Commission and the Department, the Consultant shall prepare and complete the reports in final form. I 13. The Consultant shall prepare an itemized list and deliver to the Department within the Contract period five (5) copies of all final reports, maps, charts, graphs, models, drawings and photographs produced under this Contract. With respect to models and unpublished maps and plans, aerial maps, and maps and plans which are colored or are too large to fold compactly, it is required that only photographs or photostats (in color or black and white and at least 8" x 10" in size) be submitted as a graphic record for review and reference purposes. Each such photograph or photostat shall be legibly identified as to the title and scale of the original document, the Munici- pality or area covered, and the report or study to which it relates, and shall con- tain a notation of the place where the original is located. 14. The Consultant shall prepare and forward to the Department quarterly progress reports describing the accomplishment of the services specified by this Contract. Quarterly progress reports shall be due the Department no later than the first day of the month following the end of each calendar quarter beginning from the execution date of this Contract until completion of the services specified herein. 115 ARTICLE 11 TIME OF PERFORMANCE The services of the Consultant shall commence immediately upon receipt of instructions to proceed from the Department. The official beginning date shall be , l9 , and all of the services required hereundershall be completed no later than , 19 , unless extended by mutual consent of all parties to the Contract. ARTICLE III COMPENSATION TO CONTRACTOR 1. For the services to be performed by the Contractor, as specified by this Contract, the total amount payable by the State of Michigan under this Contract shall be the sum of ($ , ). 2. As conditioned by Article V, Section 5, the compensation provided herein shall be paid by the State of Midhigan to the Contractor in progress payments as the following planning study work items are completed: Planning Study Amount of Work Item Compensation And a final payment of ($ ) dollars due upon satisfactory completion of the project, as determined by the Department. -4- 116 3. It is expressly understood and agreed that in no event will the total compen- sation and reimbursement, if any, to be paid to the Consultant exceed the total compensation specified herein. 4. A payment shall be made by the State of Michigan to the Consultant only upon the receipt by the State of a standard Invoice-Voucher, Form A-21, submitted by the Consultant in accordance with the regulations of the Department, stating that he has performed and completed the work for which payment is being requested in conformance with the Contract. The amount of comprensation specified in such invoice shall be paid by the State to the Consultant only after the representative of the Department shall have certified that the amount of compensation specified in such invoice should be paid to the Consultant. ARTICLE IV MUNICIPALITY'S PAYMENT SCHEDULE, SERVICES AND RESPONSIBILITIES 1. The Municipality shall cause to be paid to the State of Michigan the sum of ($ ). which monies represent the contribution by the Municipality for the purpose specified by this Contract. Said sum shall be payable to the State of Michigan. 2. This provision shall only apply when the Municipality or other public agency has agreed to provide certain planning-related services as specified by an Appendix. The Department shall deduct from the amount due from the Municipality under Article IV, paragraph 1, the sum of $ ), which monies represent the value of the planning-related services specified by Appendix No. 2 of this Contract. Such deduction shall be allowed by the Department only upon receipt by the Department of a standard Invoice-Voucher, Form A-21, submitted by the Municipality which describes and itemizes the dollar value of each type of planning-related service provided, and which certifies that said plan- ning-related service was provided by the Municipality. In addition, the Municipality shall submit monthly time sheets for each employee contributing planning-related services, according to the administrative regulations of the Department. 3. The Municipality hereby agrees that its officers and employees, and the members of its Planning Commission and the Commission' a staff will cooperate with the Con- sultant in the performance of his services under this Contract and will be available for consultation with the Consultant. 4. The Municipality shall, without charge, furnish to or make available for exam- ination or use by the Consultant, as he may request pertinent to the services to be performed by him, the following data as may be available: (1) Copies of previously prepared maps of the Municipality and its environs; (2) Copies of previously pre- pared reports, maps, plans, surveys, records, and other documents pertinent to streets, traffic, utilities, public properties, and other physical features; (3) Copies of other previously prepared reports, maps, plans, surveys, records, ordinances, codes, regulations, other documents, and information related to the planning studies specified by this Contract. The Municipality shall aid the Con- sultant in obtaining such data from other public offices or agencies, local business firms, and private citizens whenever such data are necessary for the completion of the planning studies specified by this Contract, with any charges involved thereby to be paid by the Consultant. 117 5. ‘Municipality hereby agrees to make available without charge to the Consultant any office space in the Municipality needed by the Consultant in addition to his usual place of business for the performance of the services specified by this Contract, and the Consultant hereby agrees not to include any charge for such additional space in his schedule of compensation. ARTICLE V SUPERVISION AND RESPONSIBILITIES OF THE DEPARTMENT 1. In order that the Department may meet its obligations to the Federal government, with respect to supervision of the content and technical quality of the planning studies completed and the services performed as specified by this Contract, it is hereby agreed that the services performed by the Consultant under this Contract shall be under the general supervision of the Representative of the Department. 2. The Municipality hereby designates the Chairman of its Planning Commission as its Representative. 3. The Department hereby designates the Director of the Department of Commerce as its Representative, who may delegate any or all of his supervisory responsibility to a qualified staff member. 4. In the event of any disagreement between the Consultant and the Representative of either the Municipality or the Department, or any disagreement between the Representative of the Municipality and the Representative of the Department, the recommendations of the Representative of the Department shall prevail. 5. It is hereby agreed by the three parties to this Contract that the Department, by joining in this Contract, does not pledge or promise to pledge the assets of the State of Michigan, nor does it promise to pay any compensation payable to the Con- sultant under this Contract from any monies in the Treasury of the State except such monies as shall be granted and paid to the State by the Department of Housing and Urban Development of the Federal government for the Project of which this Contract is a part, and such monies as shall be paid to the State by the Municipality under the provisions of Article IV of this Contract. ARTICLE VI SUSPENSION, TERMINATION, AMENDMENTS TO CONTRACT 1. It is hereby understood and agreed by the parties that should the Department of Housing and Urban Development disapprove this Contract, or refuse to make the Urban Planning Grant, or for any reason to terminate the grant to the Department, thereby causing the Department to receive no funds or a lesser amount of funds than that specified herein and contemplated by the Contract, then this Contract shall be null and void in its entirety, or in its remainder in case of discontinuance. 2. This Contract may be terminated prior to the expiration of the Contract period by unanimous written agreement by the three parties to this Contract, with the con- sent of the Department of Housing and Urban Development of the Federal government. 118 3. If, through any cause, the Consultant shall fail to fulfill in timely and pro- fessionally competent manner his obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the Department shall thereupon have the right to terminate or suspend this Contract by giving written notice to the Consultant of such termination or suspension and specifying the effective date thereof at least five days before the effective date of such termi— nation or suspension until such time as the event or condition resulting in such sus- pension has ceased or been corrected. In such event, all finished or unfinished docu- ments, data, studies, surveys, drawings, maps, models, photographs and reports pre- pared by the Consultant under this Contract, shall, at the opiton of the Department, become its property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work, as determined by the Department, completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the Department for damage sustained by the Department by virtue of any breach of the Contract by the Consultant, and the Department may withhold any payments to the Consultant until such time as the exact amount of damages due the Department from the Consultant is determined. 4. The scope of the services to be performed under this Contract may be amended or supplemented by unanimous written agreement by the three parties to the Contract with the consent of the Department of Housing and Urban Development. However, should the three parties be unable to agree unanimously, the recommendations of the Department shall prevail, such recommendations to be given in writing. It is hereby agreed that no change in the services specified by this Contract shall be made that will change the total amount payable under this Contract, unless such change, including any in- crease or decrease in the amount of the Consultant's compensation, is unanimously agreed upon by the Department, the Municipality and the Consultant, and is incorp- orated in a written amendment to this Contract, and such amendment is approved by the Department of Housing and Urban Development. ARTICLE VII MISCELLANEOUS l. Nondiscrimination. There shall be no discrimination against any employee who is' employed in the performance of the services specified by this Contract, or against any applicant for such employment, because of race, religion, color, national origin, or age, except where based on a bona fide occupational qualification. This provision shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The Consultant shall insert a similar provision in all sub-contracts for services specified under this Contract. 2. Interest of Members of Department, Municipality and Others. No officer, member or employee of the Department, and no member of its legislative body, no officer, member or employee of the Municipality and no member of its legislative body, and no other public official of the legislative body of the locality or localities in which the Project of which this Contract is a part is situated or being carried out who exercises any functions or responsibilities in the review or approval of the under- taking or carrying out of the Project of which this Contract is a part, shall par- ticipate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested; nor shall any such officer, member or employee of the Department, or any member of its legislative body, or public official ll of the legislative body of the locality or localities in which the Project of which 9 this Contract is a part is situated or being carried out, have any personal interest, direct or indirect, in this Contract, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the carrying out of this Project. 3. Assignability. The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Department thereto; provided, however, that claims for compensation due or to become due the Consultant from the Department under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Department. 4. Interest of Consultant. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Con- sultant further covenants that in the performance of this Contract no person having any such interest shall be employed. 5. Officials Not to Benefit. No Members of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part thereof or to any benefit to arise herefrom. IN WITNESS THEREOF, the parties hereto have executed this Contract as of the date first above written. STATE OF MICHIGAN, ACTING BY AND THROUGH ATTEST: THEJMECHIGAN DEPARTMENT OF COMMERCE BY Director BY Municipality (Title) BY ‘Municipality (Title) By Consultant BY Consultant FOR USE BY OFFICE OF ATTORNEY GENERAL Approved as to legal form: , 19 By Office of the Attorney General (Consultant's SIGNATURE CERTIFICATION IF A CORPORATION OR PARTNERSHIP: Attach a certified copy of a resolution adopted by your Board of Directors or a certified copy of the articles in your By-laws empowering the individual executing the Contract to act for and in behalf of the corporation. If a partnership, attach a power of attorney empowering the individual executing the Contract on behalf of the partnership. If a power of attorney is not furnished, each partner must sign the Contract individ- ually.) - g - 1159 of the legislative body of the locality or localities in which the Project of which this Contract is a part is situated or being carried out, have any personal interest, direct or indirect, in this Contract, which is incompatible or in conflict with the discharge or fulfillment of his functions or responsibilities with respect to the carrying out of this Project. 3. Assignability. The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Department thereto; provided, however, that claims for compensation due or to become due the Consultant from the Department under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Department. 4. Interest of Consultant. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Con- sultant further covenants that in the performance of this Contract no person having any such interest shall be employed. 5. Officials Not to Benefit. No Members of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part thereof or to any benefit to arise herefrom. IN WITNESS THEREOF, the parties hereto have executed this Contract as of the date first above written. STATE OF MICHIGAN, ACTING BY AND THROUGH ATTEST: THEEMICHIGAN'DEPARTMENT OF COMMERCE By Director By Municipality (Title) BY ‘Municipality (Title) By Consultant By Consultant FOR USE BY OFFICE OF ATTORNEY GENERAL Approved as to legal form: , 19 By Office of the Attorney General (Consultant's SIGNATURE CERTIFICATION IF A CORPORATION OR PARTNERSHIP: Attach a certified copy of a resolution adopted by your Board of Directors or a certified copy of the articles in your By-laws empowering the individual executing the Contract to act for and in behalf of the corporation. If a partnership, attach a power of attorney empowering the individual executing the Contract on behalf of the partnership. If a power of attorney is not furnished, each partner must sign the Contract individ- ually.) - 3 - 121. State of Michigan Department of Economic Expansion UPA 50 Community Planning Division (6/65) PRELIMINARY APPLICATION URBAN PLANNING ASSISTANCE PROGRAM SECTION 701 OF THE FEDERAL HOUSING ACT OF 1954, AS AMENDED The purpose of this Preliminary Application is to provide the Community Planning Division with apprOpriate information about a city, village, township or county interested in undertaking a comprehensive planning program financially aided by n-m, - Federal funds as provided for in the Urban Planning Assistance Iui" Program. The Division requires this application prior to submission of a Final Application. The procedure of submitting a Preliminary Application allows the Division staff to correspond and personally meet with community officials to discuss and resolve possible financial, administrative, legal or technical problems. This is important as the State of Michigan is responsible for all technical planning work done in a 701 program. It is the objective of the Division that comprehensive planning be placed on a sound and continuing basis. Applicants should be prepared to continue the planning process after a plan is prepared. Upon review, necessary contacts, and approval of the Preliminary Application, the Division will notify the applicant of its acceptance. The community may then sub- mit its Final Application and supporting data. The application for the prOposed planning program is reviewed, and if approved, submitted to the Federal government for processing and allocation of grant funds. I. APPLICANT 1.. Name of governmental unit 2. Located in county of 3. Official authorized to represent applicant: Business Address: Phone (street) (city) (state) 4. Official authorized to enter into and sign contracts (name) (title) 5. What is your form of government? (CouncildManager, Mayor-Council, Commission, other) II. PLANNING COMMISSION 1. Does the applicant have an established planning commission created under state enabling legislation? Yes No 2. If (1) above is "Yes", please indicate: a) Date Established b) Ordinance No. c) In accordance with Public Act No. of 19 III. 3. 3122 - 2 - d) Number of members on commission e) Names of officers on commission: Chairman Vice-Chairman Secretary If the planning commission meets regularly, indicate which day or days of the month meetings are held: ' COMMUNITY INFORMATION 1. Annual total budget $ Pepulation (1960 U.S. Bureau of Census figure) Area in square miles In acres Annual planning budget $ State equalized assessed valuation $ Millage presently assessed ______/ $1000 Millage limitation /$1000 What is the relation of present indebtedness to debt limit? I Comments: Are any of the following ordinances or regulations in effect? a) A completed comprehensive master plan? (yes - no) (date adopted) 1. Prepared under the Urban Planning Assistance PrOgram? (yes - no) 2. Other? Please specify year completed and enclose copy if available. Yes - No Date Adopted —_—— b) Zoning ordinance? c) Subdivision regulations? d) Building code? e) Electrical code? f) Plumbing code? g) ‘Minimum standards housing ordinance? h) An established Capital Improvements Program? (yes - no) - 3 - 1123 9. What are some of the problems that prompted your community to enter a planning program? IV. CONSULTING SERVICES 1. Indicate what method of securing technical planning assistance is in the community: a) Use of private professional consulting firm? If a consultant has been chosen, please indicate name: favored b) Hiring of resident planner and staff? c) A combination of a) and b)? d) Use of an existing regional or county planning agency? 2. Have you retained consultants in any of the following categories within the past five years? Planning Yes No Engineering Yes No Government Yes No Schools Yes No Urban Renewal Yes No Comments: Legal Yes No Traffic Yes No Recreation Yes No Tax Survey Yes No Other? Specify: Yes No v SUBMISSION aggummggms ‘ 1. Submit: a) One copy of this Preliminary.Application. b) Q§g_ggpy_of the local ordinance establishing the planning It must be certified by the community's official commission. clerk and be affixed with the official community seal. 2. Submit to: DEPARTMENT OF ECONOMIC EXPANSION COMMUNITY PLANNING DIVISION LEWIS CASS BUILDING LANSING, MICHIGAN 48913 The Planning Division staff is available and interested in helping to guide the preparation of the Final Application and answer any questions concerning the Urban Planning Assistance Program. 124- MICHIGAN DEPARTMENT OF COMMERCE UPA 52 Office of Economic Expansion 5/66 Community Planning Division 208 E. Michigan Avenue Lans ing , Mich igan FINAL APPLICATION URBAN PLANNING ASSISTANCE PROJECT BUDGET REQUEST BLOCK A. IDENTIFICATION OF REQUEST A-l Name of Governmental Unit: County A—2 Agency(ies), individual(s), or firm(s) selected to do planning work under contract with the Department of Commerce: Name(s) Address(es) Phone BLOCK B: DESCRIPTION OF REQUESTED PROJECT BUDGET FOR PLANNING WORK NOTE: All figures are to be rounded to the next highest dollar. B-l Cost of Proposed Planning Work by Planning Consultant . . . . . . . $ B-2 Cost of Local Planning-Related Services to be Provided, . . . . . . (if applicable) B-3 . . . . . . . . . . . . . . .SUBTOTAL (Planning Costs). . . . . . . $ 0 O O 0 $ * B-S Local Share of State Administrative Costs (3% or 4% of Line B-3), , $ B-4 Local Share of Planning Costs (25% or 33-1/3% of Line B-3), - Local Cash . $ - Local Planning Related Services Total Local Share of Project Costs (Line B-4 plus B-S). . . . . . $ B-6 Number of Months Required to Complete Program (12, 18, or 24) . . . *If local share in line B-A is 25%, use 3%; if 33-1/3%, use 4%. Months CLOCK C: NECESSARY ACCOMPANYING DOCUMENTS FOR FINAL APPLICATION C—l Letter of Transmittal (1 copy) J-Z Form UPA 52, Final Application, Urban Planning Application Project Budget Request (1 copy). -3 UP 203 - Resolution Requesting Assistance (1 certified cOpy - See Example: Form UPA 51) 4 UP 204 - Schedule for Preparation of a Comprehensive Development Plan (4 cOpies). «5 UP 205(a) - Tabular Summary of PrOposed Planning Work (9 copies) 5 UP 205(b) - Detailed Description of PrOposed Planning Work (9 copies) (‘1 ('2 {‘J O . H-W ~ - ...-..—.——.— ...-....-. 71—, , — j. -.., ...-m -—._ ...—.- -.... ..-. .. -..—... Date~ " Signature andnTit 1e ’3} Local—“Official Authorized to Enter Into and Sign (ontrac: APPENDIX F Cities, Villages Townships, Regions Counties I26 LII'I . \ 701 PROGRAM DISTRIBUTION SPOT MAP SEPT.1966 MICHIGAN DEPARTMENT OF COMMERCE OFFICE OF ECONOMIC EXPANS-ON \\ o, .....3. ...... , «I , CANADA .. I. RSQQ I 4 e um ion“ I 4- 0¢“! o' amt. I no so I rune: \ . cunt“): ._ ' _ ‘L :ur'“ ”Tum - .‘f! I. 8 -.|' "’ L! ' ‘ i - C o .3}: 1' n .‘ _"‘-\ .' w -' IWI oscoen— O unm‘rca . l ‘ mavens: i 2 II unasruj. Lunoafl IIMK—EE oats—L I .L_. .1 J . "1-- “30" “I In: oscccu . —nI , cum». ‘ ARENAG I l I | L1 ‘6 l I L ‘ I J I an (I e -—1- - .... - - 1 « can“ I scum _ uIcosn 1 u u I IIDLMIO . ., ...—....— 1. 1 . 1 > -'_1 . TuSCOLA I Imus _¥fl!fkfiflél_ :j 1 F—ION—IA ouu'rou ”'mj [7”. h . ‘7‘ '; ”1'31: 0 - . ALLIMN 4“. an“ 1 1‘35... I.“ I'mew . I: (JA‘ “.1 1 < __ —L—.—-. - - —_£——- 4..- ' A }' t I “Luna ]— cum I “moon I "3“ U M N IUIIN .. I I. l . ‘L I ____L___..1_.. INDIANA O H I 0 127 STATE OF MICHIGAN DEPARTMENT OF ECONOMIC EXPANSION COMMUNITY PLANNING DIVISION THE URBAN PLANNING ASSISTANCE PROGRAM FACT SHEET .~m~.~ .ouo . . . . . o8 S a: S 23... is... 33:: . 3 ...... 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IASJN .02.? n 2:: ..oa NN SAN- «o- - «9o -2 «42$ 5 3 35:: :5: N. N«a.o~ 2.52:: ill- 353.1» wo-NN-NN oo.NN-o .Nno -o- .ooo.o .ooo.o .om«.o .oNN.N .ooo.o n\N ..oa nN ..oa NN no-NN-o «o-oN-NN «o-N.« - .ucu «.uo..< « aunua-aquNNN> Nnn.N ac.Hx.o ANV aoxN: wo-NN-NN oo-NN-o .«oNdw‘ -o- .ooo.oN .oocwmm .Nom.NN .n««.o .omn.oN NxN ..oa o_ ..03 NN no-NN-o «o-oN-NN «o.NN-n - .mmukd.uo..< « :.aoa-=ooNNN> uno.oN vc-quo “NV Nagy «a-» NNN wo.NN-NN oo-NN-o 4Noo -o- ooo.NN ooo.NN .omm4N .n«o.n .«NoqNN an ..oa au ..as NN n«-NN-o ««-NN-NN «o-«N-a «o-N-N .uo..< « .NNN2 «coax-N onN.n aucNu.m .mrp ou...>-p-uu«a oo-N Nnd wo-NN-NN oo.NN-o APPENDIX G Act No. 218 Public Acts of 1966 Approved by Governor July 11. 1966 STATE OF MICHIGAN 73RD LEGISLATURE REGULAR SESSION OF 1966 Introduced by Reps. George F. Montgomery, Swallow, Clark, Petitpren, McNeely, De Stigter, ySnyder, Thorne, Spencer, Ford, Cooper, Dingwell, White, Starr, Holbrook, Steeh, Kelsey, Suski, Crim, Mrs. Symons, Sharpe, Hampton, Conrad, Charles J. Davis, Faxon and Flavin Rep. Copeland named as co-sponsor ENROLLED HOUSE BILL No. 3500 AN ACT to register and regulate professional community planners; to create a state board of registration for professional community planners, and to prescribe its powers and duties; to impose certain powers and duties upon the state and political subdivisions thereof; to protect public health, safety and welfare; and to provide penalties for the violation of the provisions of this act. The People of the State of Michigan enact: Sec. 1. This act shall be known and may be cited as the “professional community planners act”. Sec. 2. As used in this act: (a) “Board” means the state board of registration for professional community planners. (b) “Comprehensive community plan” means a unified document of text, charts, graphics or maps, or any combination, designed to portray general, long-range proposals for the arrangement of land, uses and which is intended primarily to guide government policy toward achieving orderly and coordinated develOpment of the entire community. I109\ 132 (c) “Community” means village, city, township, county, region, metropolitan area, state or combinations thereof, except state supported colleges, universities and institutions. (d) “Professional community planner” means a person registered in accordance with the provisions of this act. (e) “Department” means the department of licensing and regulation. Sec. 3. A person registered under this act may use the title “professional community planner” or “community planner”. Sec. 4. (1) A registered professional community planner may engage in the prepara- tion of the comprehensive community plan including the preparation of planning studies which assist in the preparation or the implementation of the comprehensive community plan. (2) Only individual persons shall be granted registration under this act. (3) No professional community planner shall engage in the practice of architecture, engineering or land surveying, as defined in Act No. 240 of the Public Acts of 1937, as amended, being sections 338.551 to 338.576 of the Compiled Laws of 1948, unless duly registered as an architect, professional engineer or land surveyor in accordance with law. See. 5. A professional community planner shall place a seal upon his work or the planning work for which he is responsible with a seal bearing his name. Sec. 6. (1) Every person applying for registration as a professional community planner under this act shall: (a) Be of good moral character. (b) Be required to pass a written examination, and when deemed necessary, an oral examination, prescribed by the board, except as provided by section 7. (c) Have had not less than 6 years of planning experience, except as provided in subdivision (d), in the types of work necessary to the preparation or implementation of comprehensive community plans, not less than 2 years of which shall have been in the Unit6d States. (d) A minimum of 2 years of planning experience, as described in subdivision (c), {hw mandatory. A maximum waiver of 4 years may be allowed for 1 degree . only as fol- s: Doctorate or master’s degree in planning, 4 years’ credit; Bachelor’s degree in planning, 3 years’ credit; Doctorate or master’s degree in a related field including, but not limited to, architec- ture; landscape architecture; civil engineering; sociology; economics; geography; political science; or public administration, 3 years’ credit; Any other degree in a related field, 2 years’ credit. (2) An applicant meeting the above requirements of this section, upon payment of the fees required under this act, shall be granted an examination unless deemed exempt from examination under the provisions of section 7. The examinations will have special reference to the applicant’s knowledge of basic community planning theory, ability to solve practical community planning problems and understanding of professional respon- sibilities. The board shall, at least once annually, hold examinations in the separate items of its requirements as provided by this section. When examinations are required, they shall be held at such time and place as the board may determine. (3) The board may permit the applicant to take the prescribed examination in 2 stages. The stages are as follows: (a) The first stage of the examination may be taken after the applicant has 3 years of experience credit which may be based on 1 of the degrees listed in subdivision (d) of subsection (1). A candidate failing an examination may apply for reexamination at the expiration of 6 months after failure of the examination. Satisfactory passage of the first stage of the examination shall be valid for the life of the applicant. The board shall give the applicant an appropriate document declaring this. (b) The second stage of the examination shall be given only after the applicant has completed the required 6 years of experience, and has passed the first stage of the exam- ination. It shall test the applicant’s ability to apply his training and knowledge to prac- tical problems in the profession and shall further test his understanding of his professional responsibilities. (4) No person shall give any false or forged evidence of any kind to the board in obtaining a certificate of registration. Sec. 7. At any time within 2 years after this act becomes effective, the board shall grant, upon application, registration under this act without examination to any applicant with at least 6 years of planning experience in the types of work necessary to the prepara- tion or implementation of comprehensive community plans, not less than 2 years of which shall have been in the United States, and of which formal education can count as much as 4 years, according to the provisions of subdivision (d) of subsection (1) of section 6. Sec. 8. (l) The state board of registration for professional community planners is created. The board shall consist of 5 members, all of whom shall have been residents of the state for at least 3 years, who shall be appointed by the governor within 60 days after passage of this act with the advice and consent of the senate. Each member of the board shall have a minimum of 10 years’ experience as defined in section 6, not including experience credit for education. (2) The members of the initial board will each be appointed as follows: 2 for a term of 1 year, 2 for a term of 2 years, and 1 for a term of 3 years. Thereafter an appointee to the board must be registered in the state under the provisions of this act, and must have had a minimum of 10 years’ experience as defined in section 6, not includ- ing experience credit for education, and each such appointment shall be for a term of 3 years. (3) Members of the board shall qualify by taking and filing the constitutional oath of office with the secretary of state, and shall hold office until appointment and qualifi- cation of their successors. On the expiration of the term of any member, the governor shall appoint a registered replacement. Vacancies shall be filled for the balance of any unexpired term, in the same manner as the original appointment. The governor may re- move any member of the board for misfeasance, malfeasance or nonfeasance in office, after hearing and on written charges. (4) Members of the board shall serve without compensation, but shall be entitled _ to their actual and necessary traveling and other expenses incurred in the performance of their official duties in accordance with standard travel" regulations of the department of administration. Sec. 9. (l) The board shall have the power to administer the registration of ap- plicants as professional community planners, to issue a certificate of registration as set forth in section 12, to revoke the certificate of registration of any registrant as set forth in section 13, and to promulgate rules and regulations in accordance with Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and subject to Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948, for the administration and enforcement of this act not inconsistent with the constitution and the laws of this state, which may be rmsonahly necessary for the proper performance of their duties, including methods of procedure in processing before the board. The board shall adopt an official seal for pro- fessional community planners and shall also adopt an official certificate of registration. (2) For purposes of organization, the board shall be assigned to the department of licensing and regulation under the provisions of section 3,(b) of Act No. 380 of the Public Acts of 1965. (3) The board shall hold an organization meeting within 60 days after it has been appointed, and thereafter shall hold at least 2 regular meetings each calendar year. The board shall elect annually a chairman and a vice-chairman. Special meetings may be called by the chairman. A majority vote of the entire board shall be necessary for a decision. At no time shall the vested authority for approving or disapproving registration of an applicant be delegated. 133 (4) The board shall keep a record of its proceedings and a register of all applicants for registration, which register shall show (a) the name, age and residence of each ap- plicant; (b) the date of the application; (c) the place of business of the applicant; (d) his educational and other qualifications; (e) whether or not an examination was required; (f) whether the applicant was accepted; (g) whether a certificate of registration was granted; (h) the date of the action of the board; and (i) such other information as may be deemed necessary by the board. (5) The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the director of the department, shall be admissible in evidence with the same force and effect as if the original were produced. (6) On or before March 15 in each year, the board shall make a report to the gov- ernor and to the legislature, setting forth the workings of the board during the period covered by the report, and containing the findings and recommendations of the board. Sec. 10. (l) The department shall have charge of the offices of the board and of its records and all moneys collected, shall supervise all necessary administrative work of the board, shall perform the duties usually appertaining to such offices. (2) A roster showing the names and business addresses of all professional community planners shall be prepared by the department during the month of February of each year, commencing in the year following the date on which this law becomes effective. Copies of this roster shall be placed on file with the secretary of state, and furnished at cost to the public upon request. (3) The department shall notify every person registered under this act of the date of expiration of his certificate. The notice shall be mailed to the latest address on file with the executive secretary at least 1 month in advance of the date of expiration of the certificate. Sec. 11. (1) Applications for registration shall be on forms prescribed and fur- nished by the board, shall contain statements made under oath, showing the applicant’s education and a summary of his professional work. The initial registration fee shall be for 1 year and shall be $60.00, $40.00 of which shall accompany the application, the remaining $20.00 to be paid upon issuance of the certificate. If the board denies the issuance of a certificate of registration to any applicant, the initial fee deposited shall be retained as an application fee. The fee schedule shall be as follows: (a) One year initial registration ................................ $60.00 (b) Two year renewal of registration ............. . ............... 80.00 (c) Replacement of lost certificate .............................. 10.00 ((1) Reexamination fee—no fee for first reexamination ....................................... 10.00 for subsequent reexaminations. (e) Reinstatement—the fee to be paid for the renewal of a certificate at any time after 1 month subsequent to the date of expiration of said certificate shall be increased 10% for each month or fraction thereof that reinstatement is delayed. The maximum fee for delayed renewal shall not exceed twice the normal renewal fee. (2) All moneys received under the provisions of this act shall be deposited in the state treasury to the credit of the general fund. The legislature shall not appropriate funds for the administration of this act in excess of the fees received under the provisions of this act. . Sec. 12. (1) The board shall issue a certificate of registration upon payment of registration fees, as provided for in this act, to any applicant who has satisfactorily met all the requirements of this act. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman of the board under seal of the board. (2) The issuance of a certificate of registration by this board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered pro- fessional community planner while the certificate remains valid. (3) Each registrant hereunder shall upon registration obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend “professional com- munity planner”. (4) Initial certificates of registration shall expire 1 year after date of issuance. Re- newal of registration may be effected at any time within 1 month after the date of expira- tion of the certificate by the payment of the required fee. Renewal of registration shall be for a period of 2 years. The failure on the part of the registrant to renew his certificate within 1 month after the date required by the rules of the board, as prescribed above, shall not deprive such person of the rights of renewal, excepting when the lapse exceeds a period of 6 years, in which case the board shall review the registrant’s qualifications and may require reexamination of the second stage as defined in section 6. In addition to the maximum fee for delayed renewal, reexamination shall require the standard registra- tion fee. Sec. 13. (l) The board may revoke the certificate of registration of any registrant who is found guilty by the board of either: (a) The practice of any fraud or deceit in obtaining a certificate of registration. (b) Any gross negligence, incompetence or misconduct in the performance of the types of work necessary to the preparation or implementation of comprehensive com- munity plans. (2) Any person may prefer charges under subsection (1) against any registrant. The charges shall be in writing, and shall be sworn to by the person making them and shall be filed with the department. (3) All charges, unless dismissed by the board as unfounded, shall be heard by the board within a reasonable time after the date on which they shall have been preferred. (4) The time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed by certified mail with return receipt requested to the last known ad- dress of such registrant, at least 30 days before the date fixed for the hearing. At any hearing the person preferring charges shall be present. The accused registrant shall have the right to appear personally and to be represented by counsel of his choice, to cross- examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. - (5) If, after such hearing, 3 or more members of the board vote in favor of finding a violation of the provisions of this act, the board shall revoke the certificate of regis- tration of such professional community planner. (6) The board may reissue a certificate of registration to any person whose cer- tificate has been revoked, provided 3 or more members of the board vote in favor of such reissuance. ,Sec. 14. Upon application and the payment of the registration fee as provided in section 11, the board shall issue a certificate of registration as a professional community planner to any person who holds a valid certificate of qualification or registration issued to him by preper authority of any state or territory or possession of the United States if the requirements for the registration of professional community planners, under which said certificate of qualification or registration was issued, do not conflict with the pro- visions of this act and are of a standard not less restrictive than that specified in this act; and if equal reciprocal privileges are granted to registrants of this state.’ 886. 15. Any person who after January 1, 1967 uses the title registered professional community planner, when he is in fact not a registered professional community planner, or uses as his own the seal of another, or uses an expired or revoked certificate of registra- tion is guilty of a misdemeanor, and shall be fined not more than $500.00, or imprisoned for a period not exceeding 90 days, or both. It shall be the duty of all law enforcing officers of this state to enforce the provisions of this act. It shall be the duty of the several prosecuting attorneys and the attorney general of the state to prosecute any person violating any of the provisions of this sec- tion. 134 Sec. 16. This act shall not be construed to affect or prevent the practice of any other legally recognized profession, or to prohibit any person from engaging in the practice of planning or use of titles other than registered professional community planner. This act is ordered to take immediate effect. Clerk of the House of Representatives. Secretary of the Senate. Approved Governor. BIBLIOGRAPHY Public Documents State of Michigan. Journal of the Senate. 73rd Legislature, U.S. U.S. U.S. U.S. regular 8983., 1966, NO. 35. Congress, The Advisory Commission on Intergovernmental Relations. Report No. M-lZL, June 1, 1965. Congressional Record. Vol. 100. p. 734. (Housing: Message from the President. H. Doc. 306, January 25, 1954). House of Representatives, Committee on Government Operations. Unshackling Local Government. Report No. 1643. 89th Cong., 2nd sess., June 22, 1966. Housing and Home Finance Agency, ChronOIOgy of Major Federal Actions Affecting Housing_and Community DevelOpment, July 1892 through 1963. Office of General Counsel, 1965. Housing and Home Finance Agency, The Werkable Program {gr Community Improvement: Fact Sheet. June 1963. Housing and.HOme Finance Agency, The Urban Planninc ........ Assistance PrOgram: Fact Sheet. December 1904. Housing and.Home Finance Agency, Urban PlanninggAssistance PrOgram: ,Project Directory. June 30, 1963. HOusing and Home Finance Agency, Urban Planning PrOgram Guide. Articles and Periodicals The State Journal. (Lansing, Michigan). June 16, 1966. 135 136 Reports American Institute of Planners Newsletter, "Bill Amends 701, Redefines Planning", (Washington, D.C.) Vol. 2, No. 2, February 1967. State Resource Planning Division Newsletter, "Michigan's State Resource Planning PrOgram", Vol. 1, No. 1, May 1965. Unpublished.Material Michigan Department of Economic Expansion: Planning Division "Status, PrOgram, Budget". September 17, 1965. (Typewritten.) Michigan Department of Economic Expansion: Planning Division "Typical Descriptions of Planning Work Items". October 1965. (MimeOgraphed.) Michigan Department of Economic Expansion: Research Division Untitled report on the responsibilities of the various subdivisions of the Department of Economic Expansion, 1964. (Typewritten.) Michigan Society of Planning Officials. "701" Program in Michigan." Detroit, August 1965. (MimeOgraphed.) Roman, William Carl, "State Planning in.Michigan." Unpublished Masters Thesis, Wayne State University, 1964. (Typewritten.) Wise, Harold F., Planning-PrOgrammingeBudgeting Systems and the Planning‘Role: Paper No. 5. Prepared for the 1967 Government Relations and Planning Policy Conference (Washington, D.C. American Institute of Planners, 1966). (MimeOgraphed.) Other Sources Conboy, B.M., Memorandum to‘W.C. Roman. Subject: Establish- ment of the State Resource Planning Division. March 31, 1965. Michigan Office of Economic Expansion: State Resource Plan- ning Division. Personal interview with.Mrs. Terrence Richter, Secretary, State Resource Planning Division, March 16, 1966. MICHIGAN STATE UNIVERSITY LIBRARIES 3 52 3 1193 03061 4