Planning Commission Ordinance
Ordinance No. 27
Preamble
AN ORDINANCE TO CONFIRM THE ESTABLISHMENT UNDER THE MICHIGAN PLANNING ENABLING ACT, PUBLIC ACT 33 OF 2008,
THE
Section 1: Scope, Purpose and Intent
This Ordinance is adopted pursuant to the authority granted the Township Board under the Michigan Planning Enabling Act, Public Act 33 of 2008,
The purpose of this Ordinance is to provide that the Lima Township Board shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008,
Section 2: Establishment
The Township Board hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008,
Section 3: Appointments
The Township Supervisor, with the approval of the Township Board by a majority vote of the members elected and serving, shall appoint all planning commission members, including the ex officio member.
The planning commission members, other than an ex officio member, shall serve for terms of three (3) years each. 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.
Planning commission members shall be qualified electors of the Township, except that one planning commission member may be an individual who is not a qualified elector of the Township. 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 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.
One member of the Township Board shall be appointed to the planning commission as an ex officio member. 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 Township Board.
No other elected officer or employee of the Township is eligible to be a member of the planning commission.
Section 4: Removal
The Township Board may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.
Section 5: Conflict of Interest
Before casting a vote on a matter on which a planning commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. Failure of a member to disclose a potential conflict of interest as required by this ordinance constitutes malfeasance in office. For the purposes of this section, conflict of interest is defined as, and a planning commission member shall declare a conflict of interest and abstain from participating in planning commission deliberations and voting on a request, when:
(a) An immediate family member is involved in any request for which the planning commission is asked to make a decision. “Immediate family member” is defined as: An individual's father, mother, son, daughter, brother, sister, and spouse and a
(b) The planning commission member has a business or financial interest in the property involved in the request or has a business or financial interest in the applicant’s company, agency or association;
(c) The planning commission member owns or has a financial interest in neighboring property; for the purposes of this section, a neighboring property shall include any property immediately adjoining the property involved in the request.
(d) There is a reasonable appearance of a conflict of interest, as determined by a majority vote of the remaining members of the planning commission.
Section 6: Compensation
The planning commission members may be compensated for their services as provided by Township Board resolution. The planning commission may adopt bylaws
Section 7: 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. An ex officio member of the planning commission is not eligible to serve as chairperson. The term of each office shall be one (1) year, with opportunity for reelection as specified in the planning commission bylaws. The planning commission may also appoint advisory committees whose members are not members of the planning commission.
Section 8: Bylaws, Meetings
The planning commission shall adopt bylaws for the transaction of business and shall hold at least four (4) regular meetings each year, and shall by resolution determine the time and place of the meetings. Unless otherwise provided in the planning commission’s bylaws, a special meeting of the planning commission may be called by the chairperson or by two (2) 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.
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,
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,
Section 9: Annual Report
The 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
Section 10: Authority to Make Master
Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008,
Final authority to approve a master plan or any amendments thereto shall rest Township Board after recommendation of the planning commission in accordance with the Act. The Township Board shall pass a resolution in accordance with
Unless rescinded by the Township, any plan adopted or amended under the Township Planning Act, Public Act 168 of 1959,
Section 11: Zoning Powers
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,
Any existing zoning ordinance shall remain in full force and effect except as otherwise amended or repealed by the Township Board.
Section 12: Capital Improvements Program
To further the desirable future development of the Township under the master plan, the Township Board, after the master plan is adopted, shall prepare or cause to be prepared by the Township Supervisor 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 (6) year period. The prepared capital improvements program, if prepared by someone other than the Township Board, shall be subject to final approval by the Township Board. The planning commission is hereby exempted from preparing a capital improvements plan.
Section 13: Subdivision and Land Division Recommendations
The planning commission may recommend to the Township Board provisions of an ordinance or rules governing the subdivision of land. 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 Township.
The 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,
Section 14: Severability
The provisions of this Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a court of competent jurisdiction, it shall not affect the remainder of the Ordinance, which shall continue in full force and effect.
Section 15: Repeal
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. The resolution or ordinance establishing the Lima Township Planning Commission under the Township Planning Act, Public Act 168 of 1959,
Section 16: Approval, Ratification,
All official actions taken by any Lima Township Board of Trustees preceding the commission created by this Ordinance are hereby approved, ratified and reconfirmed. Any project, review, or process taking place at the effective date of this Ordinance shall continue with the commission created by this Ordinance, subject to the requirements of this Ordinance, and shall be deemed a continuation of any previous Lima Township Planning Commission. This Ordinance shall be in full force and effect from and after its adoption and publication.
Section 17: Publication
This Ordinance shall be published in the manner as required by law. Except as otherwise provide by law, this Ordinance shall be effective on the day after final publication.
This Ordinance was duly adopted by the Lima Township Board at it’s regular meeting held on the 11th day of April, 2011, and was ordered given publication in the manner required by law.
______________________________ ______________________________
Arlene R. Bareis Kenneth B. Unterbrink
Dated: April 11, 2011 Dated: April 11, 2011
CLERK’S CERTIFICATE
I, Arlene R. Bareis, Lima Township Clerk,
________________________________
Arlene R. Bareis
Dated: April 11, 2011
