The is hereby established a Village Planning
Commission to be known as "The Village Planning Commission of New
Haven."
It shall be the function and duty of the Village
Planning Commission to make and adopt a Master Plan for the physical
development of the municipality, including any areas outside of its
boundaries which in the Commission's judgment bear relation to the
planning of such municipality. Such plan, with the accompanying maps,
plats, charts and descriptive matter, shall show the Commission's
recommendations for the development of said territory, including,
among other things, the general location, character and extent of
streets, viaducts, bridges, waterways, boulevards, parkways, playgrounds
and open spaces, the general location of public buildings and other
property, and the general location and extent of public utilities
and terminals, whether publicly or privately owned or operated, for
water, light, sanitation, transportation, communication, power and
other purposes; also the removal, relocation, widening, narrowing,
vacating, abandonment, change of use or extension of any of the foregoing
ways, grounds, open spaces, buildings, property, utilities or terminals;
the general location, character, layout and extent of community centers
and neighborhood units; and the general character, extent and layout
of the replanning and development of blighted districts and slum areas;
as well as a zoning plan for the control of the height, area, bulk,
location and use of buildings and premises. As the work of making
the whole Master Plan progresses, the Commission may from time to
time adopt and publish a part or parts thereof, any such part to cover
one or more major sections or divisions of the municipality or one
or more of the aforesaid or other functional matters to be included
in the plan. The Commission may from time to time amend, extend or
add to the plan.
In the preparation of the Master Plan, the Village
Planning Commission shall make careful and comprehensive surveys and
studies of present conditions and future growth of the municipality
and with due regard to its relation to the neighboring territory.
The plan shall be made with the general purpose of guiding and accomplishing
a coordinated, adjusted and harmonious development of the municipality
and its environs which will, in accordance with present and future
needs, best promote health, safety, morals, order, convenience, prosperity
and general welfare, as well as efficiency and economy in the process
of development, including, among other things, adequate provision
for traffic, the promotion of safety from fire and other dangers,
adequate provision for light and air, the promotion of the healthful
and convenient distribution of population and the promotion of good
civic design and arrangement, wise and efficient expenditure of public
funds, and the adequate provision of public utilities and other public
requirements.
The Village Planning Commission may adopt the
plan as a whole by a single resolution or may, by successive resolutions,
adopt successive parts of the plan, said parts corresponding with
major geographical sections or divisions of the municipality or with
functional subdivisions of the subject matter of the plan, and may
adopt any amendment or extensions thereof or addition thereto. Before
the adoption of the plan or any part, amendment, extension or addition,
the Commission shall hold at least one public hearing thereon, notice
of the time and place of which shall be given not less than 15 days
prior to such hearing, by one publication in a newspaper of general
circulation in the municipality and in the official gazette, if any,
of the municipality, and by registered United States mail to each
public utility company and to each railroad company owning or operating
any public utility or railroad within the geographical sections or
divisions of the municipality affected. The adoption of the plan or
of any such part or amendment of extension or addition shall be by
resolution of the Village Planning Commission carried by the affirmative
votes of not less than six members of the Commission. The resolution
shall refer expressly to the maps and descriptive and other matter
intended by the Commission to form the whole or part of the plan,
and the action taken shall be recorded on the map and plan and descriptive
matter by the identifying signature of the Chairman and/or Secretary
of the Commission. An attested copy of the plan or part thereof shall
be certified to the Village Council and to the County Register of
Deeds.
Whenever the Village Council shall have ordered
the opening, widening or extension of any street, avenue or boulevard,
or whenever the Village Council shall have ordered that proceedings
be instituted for the acquisition or enlargement of any park, playground,
playfield or other public open space, such resolution shall not be
rescinded until after the matter has been referred back to the Village
Planning Commission for a report and until after a public hearing
shall have been held. The Village Council shall have power to overrule
the recommendation of the Village Planning Commission by a vote of
not less than 2/3 of its entire membership.
Whenever the Village Planning Commission shall
have adopted that sort of a Master Plan relating to the major street
system of the territory within its subdivision, jurisdiction or part
thereof, and shall have filed a certified copy of such plan in the
office of the Register of Deeds of Macomb County, then no plat of
a subdivision of land within such territory or part shall be filed
or recorded until it shall have been approved by such Village Planning
Commission and such approval entered in writing on the plat by the
Chairman or Secretary of the Commission.
The Village Planning Commission shall approve,
modify or disapprove a plat within 60 days after the submission thereof
to it; otherwise such plat shall be deemed to have been approved,
and a certificate to that effect shall be issued by the Commission
on demand; provided, however, that the applicant for the Commission's
approval may waive this requirement and consent to an extension of
such period. The grounds for disapproval of any plat shall be stated
upon the records of the Commission. Any plat submitter to the Commission
shall contain the name and address of a person to whom notice of a
hearing shall be sent; and no plat shall be acted on by the Commission
without affording a hearing thereon. Notice shall be sent to the address
by registered mail of the time and place of such hearing not less
than five days before the date fixed therefor. Similar notice shall
be mailed to the owners of land immediately adjoining the platted
land, as their names appear upon the plats and records in the office
of the County Register of Deeds, and their addresses appear in the
directory of the city or on the tax records of the Village or county.
Every plat approved by the Village Planning Commission shall, by virtue
of such approval, be deemed to be an amendment of or an addition to
or a detail of the municipal plan and a part thereof. Approval of
a plat shall not be deemed to constitute or effect an acceptance by
the public of any street or other open space shown upon the plat.
The Village Planning Commission may, from time to time, recommend
to the Village Commission amendments of the Zoning Ordinance or Map
or additions thereto to conform to the Village Planning Commission's
recommendations for the zoning regulation of the territory comprised
within approved subdivisions. The Commission shall have the power to agree with the
applicant upon use, height, area or bulk requirements or restrictions
governing buildings and premises within the subdivision, provided
such requirements or restrictions do not authorize the violation of
the then-effective Zoning Ordinance of the Village. Such requirements
or restrictions shall be stated upon the plat prior to the approval
and recording thereof and shall have the same force of law and be
enforceable in the same manner and with the same sanctions and penalties
and subject to the same power of amendment or repeal as though set
out as part of the Zoning Ordinance or Map of the Village.