(A) The Charter Township of Montrose Planning Commission, as created under a planning act repealed under Section 85 of Public Act 33 of 2008, provides for the continuation of the Planning Commission and shall perform all of the duties of the Commission in accordance with the Michigan Planning Enabling Act.
(B) The chief elected official (Township Supervisor) shall appoint members of the Planning Commission, subject to approval by a majority vote of the members of the legislative body elected and serving.
(C) The Planning Commission shall consist of 7 members and, other than the ex officio members, shall be appointed for 3-year terms.
(1) However, of the members of the Planning Commission, other than ex officio members, first appointed, a number shall be appointed to 1-year or 2-year terms such that, as nearly as possible, the terms of 1/3 of all the Planning Commission members will expire each year.
(2) If a vacancy occurs, it shall be filled for the unexpired term in the same manner as provided for an original appointment.
(3) A member shall hold office until his or her successor is appointed.
(D) The membership of the Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the local unit of government, 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.
(E) Members of the Planning Commission shall be qualified electors of the local unit of government, except that 1 of Planning Commission members may be an individual who is not a qualified elector of the local unit of government.
(F) Being created under PA 285 of 1931, as amended, the Planning Commission may have 1 member of the legislative body or the chief elected official, or both, appointed to the Planning Commission as ex officio members.
(1) In any other township, 1 member of the legislative body shall be appointed to the Planning Commission as an ex officio member.
(2) Except as provided in this division, an elected officer or employee of the local unit of government is not eligible to be a member of the Planning Commission.
(3) The term of an ex officio member of the Planning Commission shall be as follows:
(a) The term of a chief elected official shall correspond to his or her term as chief elected official.
(b) The term of a member of the legislative body shall expire with his or her term on the legislative body.
(G) Upon written charges and after a public hearing, the legislative body may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office.
(1) 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.
(2) The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the Planning Commission.
(3) Failure of a member to disclose a potential conflict of interest as required by this division constitutes malfeasance in office.
(4) Unless the legislative body, by ordinance, defines conflict of interest for the purposes of this division, the planning commission shall do so in its bylaws.
(H) The Planning Commission shall elect a Chairperson and Secretary from its members, and create and fill other offices as it considers advisable.
(1) An ex officio member of the Planning Commission is not eligible to serve as Chairperson.
(2) The term of each officer shall be 1 year, with opportunity for reelection as specified in bylaws adopted under division (G).
(I) With approval of the Township Board, the Planning Commission may appoint advisory committees whose members are not members of the Planning Commission.
(J) The Planning Commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.
(K) The Planning Commission shall make an annual written report to the legislative body concerning its operations and the status of planning activities, including recommendations regarding actions by the legislative body related to planning and development.
(L) The Planning Commission shall hold monthly meetings, and by resolution shall determine the time and place of the meetings.
(1) Unless the bylaws provide otherwise, a special meeting of the Planning Commission may be called by the Chairperson or by 2 other members, upon written request to the Secretary.
(2) Unless the bylaws provide otherwise, the Secretary shall send written notice of a special meeting to Planning Commission members not less than 48 hours before the meeting.
(M) The business that the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open Meetings Act, 1976 PA 267, M.C.L.A. §§ 15.261 through 15.275. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by that act.
(N) A writing prepared, owned, used, in the possession of, or retained by the Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, 1976 PA 442, M.C.L.A. § 15.231 through 15.246.
(O) (1) Members of the Planning Commission may be compensated for their services as provided by the legislative body.
(2) The Planning Commission may adopt bylaws relative to compensation and expenses of its members and employees for travel, when engaged in the performance of activities authorized by the legislative body, including but not limited to, attendance at conferences, workshops, educational and training programs, and meetings.
(P) After preparing the annual report required under Section 19 of Public Act 33 of 2008, the Planning Commission may prepare a detailed budget, and submit the budget to the legislative body for approval or disapproval. The legislative body annually may appropriate funds for carrying out the purposes and functions permitted under this act, and may match local government funds with federal, state, county, or other local government or private grants, contributions, or endowments.
(Q) The Planning Commission may not accept gifts for the exercise of its functions.
(R) A local unit of government may employ a planning director and other personnel as it considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the legislative body. This authority shall be exercised by the legislative body, unless a charter provision or ordinance delegates this authority to the Planning Commission or another body or official. The appointment of employees is subject to the same provisions of law as govern other corresponding civil employees of the local unit of government.
(S) For the purposes of this act, the Planning Commission may make use of maps, data, and other information and expert advice provided by appropriate federal, state, regional, county, and municipal officials, departments, and agencies. All public officials, departments, and agencies shall make available public information for the use of planning commissions, and furnish such other technical assistance and advice as they may have for planning purposes.
(T) In cases where the Planning Commission is required to recommend or approve certain use of premises under the provisions of this chapter, the applicant shall comply with the provisions of §§ 153.230 through 153.232, and all other applicable provision of the Zoning Code as may be reasonable required by the Commission for the proper consideration of the matter.
(Ord. 99, passed 11-18-1996, §25.06; Am. Ord. 174, passed 11-10-2008)