(A) Scope, purpose and intent. This section is adopted pursuant to the authority granted the Village Council under the State Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., and the State 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. The purpose of this section is to provide that the Village Council shall hereby confirm the establishment under the State Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., of the Planning Commission formerly established under Public Act 285 of 1931, being M.C.L.A. §§ 125.31 through 125.45, to establish the appointments, terms and membership of the Planning Commission; to identify the officers and the minimum number of meetings per year of the Planning Commission; and to prescribe the authority, powers and duties of the Planning Commission.
(B) Establishment. The Village Council hereby confirms the establishment under the State Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq., of the Planning Commission formerly established under Public Act 285 of 1931, being M.C.L.A. §§ 125.31 through 125.45. The Planning Commission shall have seven members. Members of the Planning Commission as of the effective date of this section shall, except for an ex officio member whose remaining term on the Planning Commission shall be limited to his or her term on the Village Council, 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 within the State Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801. et seq.
(C) Appointments and terms. The Village President, with the approval of the Village Council by a majority vote of the members elected and serving, shall appoint all Planning Commission members, including the ex officio member.
(1) The Planning Commission members, other than an ex officio member, shall serve for terms of three years each.
(2) A 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.
(3) Planning Commission members shall be qualified electors of the village, except that one Planning Commission member may be an individual who is not a qualified elector of the village but who is a qualified elector of another local unit of government. 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 village, in accordance with the major interests as they exist in the village, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry and commerce. The membership shall also be representative of the entire territory of the village to the extent practicable.
(4) One member of the Village Council shall be appointed to the Planning Commission as an ex officio member.
(5) An ex officio member has full voting rights. An ex officio member’s term on the Planning Commission shall expire with his or her term on the Village Council.
(6) No other elected officer or employee of the village is eligible to be a member of the Planning Commission.
(D) Removal. The Village Council may remove a member of the Planning Commission for misfeasance, malfeasance or nonfeasance in office upon written charges and after a public hearing.
(E) Compensation. The Planning Commission members may be compensated for their services as provided by Village Council resolution. The 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 Village Council, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings.
(F) Officers and committees. The Planning Commission shall elect a Chairperson and a Secretary from its members, and may 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. The term of each office shall be one year, with opportunity for reelection as specified in the Planning Commission bylaws.
(2) The Planning Commission may also appoint advisory committees whose members are not members of the Planning Commission.
(G) Bylaws, meetings and records. The Planning Commission shall adopt bylaws and rules of procedure for the transaction of business.
(1) The Planning Commission shall hold at least four regular meetings each year, and shall by resolution determine the time and place of the meetings.
(2) Unless otherwise provided in the Planning Commission’s bylaws, a special meeting of the Planning Commission may be called by the Chairperson or by three other members, upon written request to the Secretary. Unless the bylaws otherwise provide, the Secretary shall send written notice of a special meeting to Planning Commission members at least 48 hours before the meeting.
(3) The business that the Planning Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 et seq.
(4) The 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 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.
(H) Annual report. The Planning Commission shall make an annual written report to the Village Council concerning its operations and the status of the planning activities, including recommendations regarding actions by the Village Council related to planning and development.
(I) Authority to make master plan. Under the authority of the State Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq. and other applicable planning statutes, the Planning Commission shall make a master plan as a guide for development within the village’s planning jurisdiction.
(1) Final authority to approve a master plan or any amendments thereto shall rest with the Planning Commission unless the Village Council passes a resolution asserting the right to approve or reject the master plan.
(2) Unless rescinded by the village, any plan adopted or amended under Public Act 285 of 1931, being M.C.L.A. §§ 125.31 et seq., need not be readopted under the State Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 et seq.
(J) Zoning powers. The Village Council hereby confirms the transfer of all powers, duties and responsibilities provided for zoning boards or zoning commissions by the former City and Village Planning Act, Public Act 207 of 1921, being M.C.L.A. §§ 125.581 et seq.; the State Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq. or other applicable zoning statutes to the Planning Commission formerly established under Public Act 285 of 1931, being M.C.L.A. §§ 125.31 et seq.
(K) Capital improvements program. To further the desirable future development of the village under the master plan, the Village Council, after the master plan is adopted, shall prepare or cause to be prepared by the Village President or by a designated nonelected administrative official, 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. The prepared capital improvements program, if prepared by someone other than the Village Council, shall be subject to final approval by the Village Council. The Planning Commission is hereby exempted from preparing a capital improvements plan.
(L) Subdivision and land division recommendations. The Planning Commission may recommend to the Village Council provisions of an ordinance or rules governing the subdivision of land.
(1) Before recommending such an ordinance or rule, the Planning Commission shall hold a public hearing on the proposed ordinance or rule. The 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 village.
(2) The Planning Commission shall review and make recommendation on a proposed plat before action thereon by the Village Council under the Land Division Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq. Before making its recommendation, the Planning Commission shall hold a public hearing on the proposed plat. A plat submitted to the 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 village. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.
(Ord. 194, passed 6-8-2011)
(A) Purpose. Three Oaks Township and Three Oaks Village, both of Berrien County, Michigan, have heretofore by written agreement established pursuant to Public Act 33 of 1951, M.C.L.A. §§ 48.801 to 48.813, as amended, a Fire Administrative Board.
(1) This section is adopted for the purpose of providing financial assistance to the township, the village and the Fire Administrative Board in the operation of a Fire Department from those receiving direct benefits from the fire protection services.
(2) It is the further purpose of this section to provide for full funding of the Fire Department operation which remains, in part, an at-large governmental expense based upon the general benefits derived by all property owners within the township and the village from the existence of a Village/Township Fire Department and its availability to extinguish fires within the township and village and perform other emergency services.
(B) Charges. The following charges will be based on a time per-hour: firefighter, equipment ($250/hr/truck) and the fair value of material used.
(1) The charges shall hereafter be due payable to the Fire Administrative Board from a recipient of any of the following enumerated services from the Village/Township Fire Department:
(a) Grass fire;
(b) Rubbish fire;
(c) Automobile fire;
(d) House/garage/barn fire;
(e) Fire in a commercial establishment;
(f) Fire in a industrial or manufacturing establishment;
(g) Fire in a multiple-family building;
(h) Hotel or motel fire;
(i) Aircraft fire;
(j) Train fire;
(k) Truck fire;
(l) Forest fire;
(m) Emergency rescue service;
(n) Resuscitator service;
(o) Swimming pool service;
(p) Hazards material service;
(q) False alarms; and
(r) Other services not specifically enumerated herein.
(2) Charges set out in this section and the exemptions therefrom set out in division (D) below may be determined or adjusted from time to time by resolution of the Township Board and the Village Council, and such adjustments shall not require a formal amendment to this section.
(C) Time for payment. All of the foregoing charges shall be due and payable to the Fire Administrative Board within 30 days after the date the service is rendered and in default of payment shall be collectible as provided herein.
(D) Exemptions. The following properties and services shall be exempt from the foregoing charges:
(1) Fires caused by railroad trains which are the specific statutory of railroad companies;
(2) Fires involving village and township buildings, grounds and/or property; and
(3) Fire service performed outside the jurisdiction of the township or village under a mutual aid contract with an adjoining municipality.
(E) Collection of charges. The Fire Administrative Board is hereby delegated the authority and responsibility for billing and collecting charges and may proceed in district court to collect any monies remaining unpaid and shall pursue any and all other remedies provided by law for the collection of said charges.
(F) Non-exclusive charge. The foregoing rates and charges shall not be exclusive of the charges that may be made by the Fire Administrative Board for the cost and expense of maintaining a Fire Department, but shall only be supplemental thereto. Charges may additionally be collected by the village and the township through general taxation by procedures provided by law or by a special assessment established as provided by law. General Fund appropriations may also be made to cover such additional costs and expenses.
(G) Multiple property protection. When a particular service rendered by the Village/Township Fire Department directly benefits more than one person or property, the owner of each property so benefitted and each person so benefitted where property protection is not involved shall be liable for the payment of the full charge for such service herein before outlined. The interpretation and application of this section is hereby delegated to the Village/Township Fire Chief subject only to appeal, within the time limits provided herein for payment, to the Fire Administrative Board and shall be administered so that charges shall only be collected from persons and property who benefit from the service.
(Ord. 134, passed 8-11-1999)