The Council elects to continue the Planning Commission for the City of Fremont as authorized by P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L.A. §§ 125.3801 et seq. for the purpose of having planning and zoning in the City of Fremont, to create, organize, enumerate powers and duties, and to provide the regulation and subdivision of land, coordinated and harmonious development of the City of Fremont; and to function in cooperation with other constituted authorities of incorporated and unincorporated areas within the state where the City of Fremont exists.
There shall be a City of Fremont Planning Commission, hereinafter referred to as the Planning Commission with the powers and duties as therein set forth as hereinafter provided. The Planning Commission shall operate in accordance with the requirements of the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, and as required by this section. This section shall be officially known and described as the City of Fremont Planning Commission Ordinance.
a. Continuation. The Planning Commission of the City of Fremont, Newaygo County, Michigan created according to the former Municipal Planning Act (Act 285 of 1931, repealed), is hereby continued and established under the terms and provisions of the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended.
b. Members, appointment and terms. The membership of the Commission shall consist of nine (9) members, one (1) of whom shall be a member of the legislative body to be selected by majority vote of the legislative body to serve as a member ex-officio. The ex-officio member of the Commission shall have full voting rights on matters coming before the Commission. The Mayor shall appoint eight (8) other persons as members of the Commission, subject to approval of the City Council by majority vote.
The membership of a Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the City of Fremont, in accordance with the major interests as they exist in the local unit of government, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry and commerce. The membership shall also be representative of the entire geography of the local unit of government to the extent practicable.
Members of the Planning Commission shall be qualified electors of the City of Fremont, except two (2) of the Planning Commission members may be individuals who are not qualified electors of the City of Fremont.
The term of the ex-officio member shall be determined by the City Council when selecting the ex-officio member but shall not exceed the member’s term of office as a City Councilmember.
The term of each of the eight (8) appointed members shall be three (3) years or until his or her successor takes office except that the respective terms of two (2) of the members first appointed shall be for one (1) year and three (3) for two (2) years.
Each member is eligible to serve four (4) consecutive three (3)-year terms. Partial terms are considered full terms for purposes of calculating the number of terms served.
An appointed member of the Commission (i.e., non-ex-officio members) shall not hold another municipal office except that one (1) appointed member may be a member of the Zoning Board of Appeals.
c. Liaisons. The Commission, in its Bylaws, may name “liaisons” to the Commission. The purpose of liaisons is to provide certain the City of Fremont and quasi-City of Fremont officials ability to participate in discussion with the Commission in addition to speaking in public participation and nothing else. At a minimum, liaisons shall include:
1. Planning Department staff and their agents and consultants
2. City of Fremont City Manager
3. City of Fremont Attorney
d. Training. Appointed members of the Commission may be required to attend educational programs designed for training members of Michigan planning commissions if the adopted City of Fremont budget for that fiscal year includes funds to pay for tuition, registration, and travel expenses for the training.
e. Compensation. Appointed members of the Commission may be compensated at a rate to be determined by separate Resolution adopted by the City Council from time to time. Ex-officio members shall not receive compensation.
f. Powers and duties.
1. The Commission shall have their powers and duties as set forth in P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L.A. §§ 125.3801 et seq.; and P.A. 110 of the Public Acts of 2006, as amended, being the Michigan Zoning Enabling Act, (M.C.L.A. §§ 125.3101 et seq.).
2. The annual creation of a Capital Improvement Program (CIP) shall be the responsibility of the Fremont City Manager and/or his or her designee with final approval by the Fremont City Council.
3. The Commission shall have authority to apply for and receive grants from any government agency or the federal government and to receive gifts in accordance with applicable Michigan laws.
4. The Planning Commission shall make an annual written report to the City Council concerning its operations and the status of planning activities, including recommendations regarding actions by the City Council related to planning and development.
g. Records. The Commission shall adopt Bylaws for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record.
h. Conflict of interest. The Planning Commission shall define a conflict of interest in its bylaws. Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. The member is disqualified from participating in the discussion and voting on the matter, as provided by the Bylaws of the Planning Commission.
i. Approval, ratification and reconfirmation. All official actions taken by all City of Fremont Planning Commissions preceding the Commission created by this section are hereby approved, ratified and reconfirmed. Any project, review or process taking place at the effective date of this section shall continue with the Commission created by this section, subject to the requirements of this section and shall be deemed a continuation of any previous City of Fremont Planning Commission.
(Ord. O-11-04, 6-20-11)
For charter provision requiring council to maintain
city planning commission in accordance with
state law, see Char., 7.8.
For state law as to authority of city to establish a
planning commission with powers and duties
as per state law, see M.C.L.A. § 125.32.