[Adopted as Ch. 1220 of the 1989 Codified
Ordinance; amended in its entirety 6-15-2011 by Ord. No. 469]
The City Council hereby confirms the establishment under the
Michigan Planning Enabling Act, Public Act 33 of 2008, MCLA 125.3801
et seq., of the City of Rockwood Planning Commission formerly established.
The City of Rockwood Planning Commission shall have five members.
Members of the City of Rockwood Planning Commission as of the effective
date of this article shall, except for an ex officio member whose
remaining term on the Planning Commission shall be limited to his
or her term on the City 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 Michigan Planning Enabling Act, Public Act 33 of 2008,
MCLA 125.3801 et seq.
A.
The Mayor, with the approval of the City Council by a majority vote
of the members elected and serving, shall appoint all Planning Commission
members, including the ex officio member.
B.
The Planning Commission members, other than an ex officio member,
shall serve for terms of three years each.
C.
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.
D.
Planning Commission members shall be qualified electors of the city
(U.S. citizen, 18 years old, who has been a resident of the state
for six months and a resident of the city for at least 30 days), except
that one Planning Commission member may be an individual who is not
a qualified elector of the city. 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 city, in accordance with the major interests as they exist
in the city, 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 city to the extent practicable.
E.
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 City Council.
F.
No other elected officer or employee of the city is eligible to be
a member of the Planning Commission.
The City Council may remove a member of the Planning Commission
for misfeasance, malfeasance, or nonfeasance in office upon written
charges and after a public hearing.
A.
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 article constitutes malfeasance in
office.
B.
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:
(1)
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 the Planning Commission member's spouse,
the member and member's spouse's children (including adopted)
and their spouses, stepchildren and their spouses, grandchildren and
their spouses, parents and stepparents, brothers and sisters and their
spouses, grandparents, parents-in-law, grandparents-in-law, or any
person residing in the Planning Commission member's household.
(2)
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;
(3)
The Planning Commission member owns or has a financial interest in
neighboring property;
(4)
There is a reasonable appearance of a conflict of interest, as determined
by a majority vote of the remaining members of the Planning Commission.
The Planning Commission members may be compensated for their
services as provided by City 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 City Council, including, but not limited to, attendance at
conferences, workshops, educational and training programs and meetings.
A.
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 year, with opportunity for reelection as specified in the Planning
Commission bylaws.
B.
The Planning Commission may also appoint advisory committees whose
members are not members of the Planning Commission.
A.
The Planning Commission shall adopt bylaws for the transaction of
business.
B.
The Planning Commission shall hold at least four regular meetings
each year, and shall by resolution determine the time and place of
the meetings.
C.
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 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.
D.
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, MCLA 15.261, et seq.
E.
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, MCLA 15.231 et seq.
The Planning Commission shall make an annual written report
to the City Council concerning its operations and the status of the
planning activities, including recommendations regarding actions by
the City Council related to planning and development.
A.
Under the authority of the Michigan Planning Enabling Act, Public
Act 33 of 2008, MCLA 125.3801 et seq., and other applicable planning
statutes, the Planning Commission shall make a master plan as a guide
for development within the City's planning jurisdiction.
B.
Final authority to approve a master plan or any amendments thereto
shall rest with the Planning Commission unless the City Council passes
a resolution asserting the right to approve or reject the master plan.
C.
Unless rescinded by the City, any plan adopted or amended under the
City Planning Act, Public Act 168 of 1959, MCLA 125.321 et seq.,[1] need not be readopted under the Michigan Planning Enabling
Act, Public Act 33 of 2008, MCLA 125.3801 et seq.
[1]
Editor's Note: MCLA 125.321 to 125.333 were repealed by P.A.
2008, No. 33, effective 9-1-2008.
To further the desirable future development of the City under
the master plan, the City Council, after the master plan is adopted,
shall prepare or cause to be prepared by the Mayor 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 City Council, shall be subject to final
approval by the City Council. The Planning Commission is hereby exempted
from preparing a capital improvements plan.
A.
The Planning Commission may recommend to the City Council 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 city.
B.
The Planning Commission shall review and make recommendation on a
proposed plat before action thereon by the City Council under the
Land Division Act, Public Act 288 of 1967, MCLA 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 city. Similar
notice shall be mailed to the owners of land immediately adjoining
the proposed platted land.
