Second Reading and Adoption of ORDINANCE NO. 2011-02
June 29, 2011 - NOTICE IS HEREBY GIVEN that at its regular meeting on June 21, 2011, the Charter Township of Independence Board of Trustees approved a Second Reading and Adoption of a Planning Commission Ordinance, as follows:
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF INDEPENDENCE
ORDINANCE NO. 2011-02
PLANNING COMMISSION ORDINANCE
AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF INDEPENDENCE TO CONFORM TO PUBLIC ACT 33 OF 2008, AS AMENDED, BEING THE MICHIGAN PLANNING
ENABLING ACT, MCL 125.3801 ET SEQ, REGARDING THE ESTABLISHMENT OF THE PLANNING COMMISSION, MEMBERSHIP, PROCEDURES, MEETINGS AND DUTIES AND RESPONSIBILITIES
IN ACCORDANCE WITH THE STATUTE.
THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:
Section 1 of Ordinance
Chapter 2, Article IV, Boards and Commissions, shall be amended to read as follows:
ARTICLE IV. BOARDS AND COMMISSIONS
Sec. 2-67. Creation of the Planning Commission.
(a) Authority. This ordinance is adopted pursuant to the authority granted the Township Board of Trustees under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 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 ordinance and any future amendments to this ordinance.
(b) Purpose. The purpose of this ordinance is to provide that the Charter Township of Independence Board of Trustees hereby confirms the establishment, under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the Independence Township Planning Commission, formerly established under the Township Planning Act, Public Act 169 of 1959, MCL 125.321, et seq., 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.
(c) Establishment. There shall be a Charter Township of Independence Planning Commission in accordance with the Michigan Planning Enabling Act, Act 33 of 2008, as amended with the powers and duties as therein set forth and as hereinafter provided. This ordinance shall be officially known and described as the "Independence Township Planning Commission Ordinance."
Sec. 2-68. Membership of the Planning Commission.
(a) The Commission shall consist of seven (7) members appointed by the Township Supervisor with the approval of a majority of the Township Board elected and serving. To be qualified to be a member and remain a member of the Commission, the individual shall be a qualified elector of Independence Township, except that one member may be a qualified elector of another local unit of government.
(b) One member of the Township Board shall be appointed to the Planning Commission as an ex officio member. The remainder of 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 natural resources, recreation, education, public health, government, transportation, residential uses, industry, and commerce. The membership shall also be representative of the entire geography of the Township to the extent practicable.
(c) Except for the ex officio member, whose term on the Planning Commission shall coincide with his or her term of elected office, members of the Planning Commission shall be appointed for three-year terms and shall serve until their successors are appointed and qualified; provided, however, the initial appointments effective on or after June 30, 2011, shall occur in such a manner as to create three sets of staggered appointments, with the initial term of the first set of two members to be no more than one year, the second set of two members to be no longer that two years, and the third set of two members to be no longer than three years, such that, as nearly as possible, the terms of 1/3 of the non-ex officio commission members will expire each year.
(d) 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. Before casting a vote on a matter on which a member of the Planning Commission 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 voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the Planning Commission. Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office. For purposes of this subsection, a "conflict of interest" exists when a member of the Planning Commission or a member of their family has a proprietary or financial interest in an issue or matter that is before the Planning Commission beyond that which is experienced by the public in general, or the member may receive or gain a financial benefit as a result of a vote on such issue or matter, or which would result in a violation of the Standards of Conduct for Public Officers and Employees Act, 196 PA 1973 (being MCL 15.341 et seq.), the Incompatible Public Offices Act, 566 PA 1978 (being MCL 15.181 et seq.), or any other state law or Township ordinance, ethics code or policy provision applicable to conflicts of interest.
Sec. 2-69. Officers of the Planning Commission.
(a) The Planning Commission shall elect a chairperson and secretary from its members and create and fill other offices, as it considers advisable. The ex officio member is not eligible to 2 serve as chairperson. The term of each officer shall be 1 year, with opportunity for reelection as specified in bylaws adopted under Section 04.01.00 of this Ordinance.
(b) The Planning Commission may appoint advisory committees whose members are not members of the Planning Commission.
Sec. 2-70. Authority; powers; duties.
The Planning Commission shall have the powers and duties as set forth in P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L. 125.3801 et seq.; and P.A. 110 of 2006, as amended, being the Michigan Zoning Enabling Act, M.C.L. 125.3101 et seq.
Sec. 2-71. Bylaws; annual report.
(a) The Planning Commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.
(b) The Planning Commission shall make an annual written report to the Township Board concerning its operations and the status of planning activities, including recommendations regarding actions by the Township Board related to planning and development.
Sec. 2-72. Meetings of the Planning Commission
(a) The Planning Commission shall hold not less than four regular meetings each year. At its first meeting of each calendar year, the Planning Commission shall adopt and provide public notice of its regular meetings for the ensuing year in accordance with the Open Meetings Act, as amended; provided, however, that a meeting need not be held if pending matters do not warrant a meeting. Unless the Planning Commission 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.
(b) 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, as amended. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by that act.
(c) The Township Board hereby transfers all powers and duties of a Zoning Board to the Planning Commission, as outlined in the Zoning Enabling Act, Act 110 of 2006, as amended, and as permitted in Section 11 of the Township Planning Act, Act 168 of 1959.
Sec. 2-73. Duties and responsibilities.
The members of the Planning Commission shall have the following principal duties and responsibilities, among others:
(1) To consider, report upon, and make recommendations regarding the adoption of and amendments to the Township Zoning Ordinance.
(2) To prepare, consider and approve the Township Master Plan, in accordance with the Michigan Planning Enabling Act, as amended.
(3) In accordance with the Zoning Enabling Act, Act 110 of 2006, as amended, to consider, no less frequently then every five years, whether a revision of the Master Plan or updated amendments in the Master Plan are needed and to prepare, consider and approve any such revisions or amendments.
(4) To consider, recommend and/or approve zoning applications and requests assigned to the Commission under Township ordinances, including special land uses and other types of land use approval.
(5) To promote understanding of and interest in the Master Plan and the Township Zoning Ordinance.
(6) Unless exempted, to review and make recommendations on proposed public improvement projects, and to review and approve a capital improvement plan, in accordance with the Planning Enabling Act, Act 33 of 2008, as amended.
(7) To review and make recommendations on proposed platted subdivisions, condominiums and site condominiums.
(8) To carry out other duties and responsibilities as set forth in the Planning Enabling Act, Act 33 of 2008.
Sec. 2-74. Approval, ratification and reconfirmation.
All official actions taken by the Charter Township of Independence Planning Commission preceding 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 Planning Commission confirmed by this Ordinance, subject to other requirements of this Ordinance, and shall be deemed a continuation of any previous matter before the Charter Township of Independence Planning Commission. This Ordinance shall be in full force and effect after publication in the manner prescribed by law.
Section 2 of Ordinance
All ordinances and resolutions in conflict herewith are repealed in their entirety.
Section 3 of Ordinance
All proceedings pending and all rights and liability existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.
Section 4 of Ordinance
If any section, sentence, or any other part of this ordinance shall be adjudicated to be invalid or unconstitutional, such adjudication shall not affect, impair or invalidate the remainder of this ordinance, but shall be confined in its effect to the section, sentence or other part of this ordinance directly adjudicated in the controversy in which such judgment shall be rendered.
Section 5 of Ordinance
This Ordinance shall be effective upon publication in the manner prescribed by law.
CHARTER TOWNSHIP OF INDEPENDENCE
By: Barbara A. Pallotta, Township Clerk
Published: 6/15/2011 and 6/29/2011