(A) Scope, purpose and intent.
(1) Adopted. This section is adopted pursuant to the authority granted the Township Board under the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., to establish a planning commission with the powers, duties and limitations provided by those Acts and subject to the terms and conditions of this section and any future amendments to this section.
(2) Purpose and intent. The purpose of this section is to provide that the Township Board shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., of the Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, being M.C.L.A. §§ 125.321 et seq.; to establish the appointments, terms, and membership of the Township Planning Commission; to identify the officers and the minimum number of meetings per year of the Township Planning Commission; to prescribe the authority, powers and duties of the Township Planning Commission.
(B) Establishment. The Township Board hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., of the Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, being M.C.L.A. §§ 125.321 et seq., consisting of, seven members. The Township Planning Commission as of the effective date of the ordinance codified herein shall, except for an ex officio member whose remaining term on the Planning Commission shall be limited to his or her term on the Township Board, continue to serve for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for Planning Commission membership set forth with in the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq.
(C) Appointments and terms.
(1) The Township Supervisor, with the approval of the Township Board by a majority vote of the members elected and serving, shall appoint all Township Planning Commission members, including the ex officio member.
(2) The Township Planning Commission members, other than an ex officio member, shall serve for terms of three years each.
(3) A Township Planning Commission member shall hold office until his or her successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as the original appointment.
(4) Township Planning Commission members shall be qualified electors of the township except that one Township Planning Commission member may be an individual who is not a qualified elector of the township. The membership of the Township Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the township, in accordance with the major interests as they exist in the township, 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 township to the extent practicable.
(5) One member of the Township Board shall be appointed to the Township Planning Commission as an ex officio member. An ex officio member has full voting rights. The ex officio member's term on the Township Planning Commission shall expire with his or her term on the Township Board.
(6) No other elected officer or employee of the township is eligible to be a member of the Township Planning Commission.
(D) Removal. The Township Board may remove a member of the Township Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.
(E) Conflict of interest. Before casting a vote on a matter on which a Township Planning Commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Township Planning Commission. Failure of a member to disclose a potential conflict of interest as required by this section constitutes malfeasance in office.
(F) Compensation. The Township Planning Commission members may be compensated for their services as provided by the Township Board resolution. The Township Planning Commission may adopt bylaws relative to compensation and expenses of its members for travel when engaged in the performance of activities authorized by the Township Board, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings.
(G) Officers and committees.
(1) The Township Planning Commission shall elect a chairperson, vice-chairperson and a secretary from its members, and may create and fill other offices as it considers advisable. An ex officio member of the Township Planning Commission is not eligible to serve as chairperson. The term of each office shall be one year, with opportunity for reelection as specified in the Township Planning Commission bylaws.
(2) The Township Planning Commission may also appoint advisory committees whose members may or may not be members of the Township Planning Commission.
(H) Bylaws, meetings and records.
(1) The Township Planning Commission shall adopt bylaws for the transaction of business.
(2) The Township Planning Commission shall hold at least four regular meetings each year, and shall by resolution determine the time and place of the meetings.
(3) Unless otherwise provided in the Township Planning Commission's bylaws, a special meeting of the Township Planning Commission may be called by the chairperson or by two other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to Township Planning Commission members at least 48 hours before the meeting.
(4) The business that the Township Planning Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, M.C.L.A. §§ 15.261 et seq.
(5) The Township Planning Commission shall keep a public record of its resolutions, transactions, findings, and determinations. A writing prepared, owned, used, in the possession of, or retained by a Township Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 et seq.
(I) Annual report. The Township Planning Commission shall make an annual written report to the Township Board concerning its operations and the status of the planning activities, including recommendations regarding actions by the Township Board related to planning and development.
(J) Authority to make master plan.
(1) Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., and other applicable planning statutes, the Township Planning Commission shall make a master plan as a guide for development within the township's planning jurisdiction.
(2) Final authority to approve a master plan or any amendments thereto shall rest with the Township Planning Commission unless the township board passes a resolution asserting the right to approve or reject the master plan.
(3) Unless rescinded by the township, any plan adopted or amended under the Township Planning Act, Public Act 168 of 1959, being M.C.L.A. §§ 125.321 et seq., need not be readopted under the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq.
(K) Zoning powers.
(1) The Township Board hereby confirms the transfer of all powers, duties, and responsibilities provided for zoning boards or zoning commissions by the former Township Zoning Act, Public Act 184 of 1943, being M.C.L.A. §§ 125.271 et seq.; or other applicable zoning statutes are transferred to the Township Planning Commission.
(2) Any existing zoning ordinance shall remain in full force and effect except as otherwise amended or repealed by the Township Board.
(L) Capital Improvements Program.
(1) Unless the Township Board exempts the Township Planning Commission from the requirement, the Township Planning Commission will prepare and adopt the Capital Improvement Program. The Township Planning Commission may recommend, to the Township Board, programs for public structures and improvements and for financing those projects, regardless of whether the Township Planning Commission prepares the Capital Improvements Program.
(2) The Township Planning Commission will adopt Capital Improvements Plans: To further the desirable future development of the township under the master plan, the Township Planning Commission, after the master plan is adopted, shall annually prepare a capital improvements program of public structures and improvements, showing those structures and improvements in general order of their priority, for the following six-year period.
(M) Subdivision and land division recommendations.
(1) The Township Planning Commission may recommend to the Township Board provisions of an ordinance or rules governing the subdivision of land. Before recommending an ordinance or rule, the Township Planning Commission shall hold a public hearing on the proposed ordinance or rule. The Township Planning Commission shall give notice of the time and place of the public hearing not less than 15 days before the hearing by publication in a newspaper of general circulation within the township.
(2) The Township Planning Commission shall review and make recommendation on a proposed plat before action thereon by the Township Board under the Land Division Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq. Before making its recommendation, the Township Planning Commission shall hold a public hearing on the proposed plat. A plat submitted to the Township Planning Commission shall contain the name and address of the proprietor or other person to whom notice of a hearing shall be sent. Not less than 15 days before the date of the hearing, notice of the date, time and place of the hearing shall be sent to that person at that address by mail and shall be published in a newspaper of general circulation in the township. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.
(N) Repeal. All ordinances or parts of ordinances in conflict with th ordinance codified herein are hereby repealed. The resolution establishing the Kochville Township Planning Commission under the Township Planning Act, Public Act 168 of 1959, being M.C.L.A. §§ 125.321 et seq. is hereby repealed.
(O) Effective date. The ordinance codified herein shall take effect on the day following the date of its publication.
(Ord. 11-003, passed 5-24-2011)