[HISTORY: Adopted by the Township Board of
the Township of Denton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-5-2008 by Ord. No. 73[1]]
[1]
Editor's Note: This ordinance also repealed former Ch.
52, Planning Commission, adopted 10-5-1994 by Ord. No. 56.
Pursuant to the authority of and subject to the powers, duties
and limitations provided in Public Act 33 of 2008,[1] as amended, and the terms and conditions of this article
and any subsequent amendments, there is hereby created a Township
Planning Commission for the Township of Denton, Roscommon County,
State of Michigan. The Planning Commission shall be known as the "Denton
Township Planning Commission."
[1]
Editor's Note: See MCLA § 125.3801 et seq.
The Township Planning Commission shall consist of seven members
appointed by the Township Board. Such members shall be appointed for
three-year terms and be individually representative of important segments
of the economic, governmental, social life and development of the
Township in accordance with the major interests as they exist in the
Township, such as agriculture, recreation, education, public health,
government, transportation, industry, commerce, forestry, labor and
social welfare. All members shall be qualified electors, except one
member may be an individual who is not a qualified elector of Denton
Township. The Commission shall be appointed by the Township Supervisor,
subject to approval by a majority vote of the Township Board.
Members may, upon written charges, and after a public hearing
thereon, be removed by the Township Supervisor with approval by a
majority vote of the full membership of the Township Board for misfeasance,
malfeasance or nonfeasance in office.
A.
The
Township Planning Commission, at its first meeting and annually thereafter,
shall elect a chairperson, vice chairperson, and secretary from among
its members. The ex officio member may not be chairperson. The terms
of all officers shall be one year with eligibility for re-election.
The Secretary of the Planning Commission and Township Clerk shall
be responsible to keep an accurate record of all resolutions, transactions,
findings and determinations; such records shall be public record.
The Planning Commission shall create and fill such other offices or
subcommittees as it deems advisable. The Township Planning Commission
may also appoint advisory committees or councils that may be composed
of individuals qualified by experience, training, or interest to assist
in the consideration and solution of Township problems.
B.
Each
year, the Township Planning Commission shall make and file an annual
report with the Township Board. Said report shall summarize its operations
and the status of planning and zoning activities, including recommendations
regarding actions by the Township Board related to planning and other
community development concerns.
Four members of the Township Planning Commission shall constitute
a quorum for the transaction of business. The Township Planning Commission
shall make and adopt bylaws for the transaction of business and shall
keep public record of its resolutions, transaction, findings and determinations
consistent with PA 442 of 1976.[1] Such records and rules shall be available for public inspection
at the office of the Township Clerk.
[1]
Editor's Note: See MCLA § 15.231 et seq.
The Township Planning Commission shall meet as often as is determined
necessary, but not less than four meetings per year, at such times
and places as may be fixed by resolution of the Commission. Special
meetings may be called at any time, either by the Chairperson or by
written request of two members to the Secretary, who shall send written
notice to all members of the Commission at least 48 hours in advance
of the special meeting. All meetings of the Township Planning Commission.
Including both regular and special meetings, shall be open to the
public and shall be governed by all applicable provisions of the Open
Meetings Act, being PA 267 of 1976,[1] as amended.
[1]
Editor's Note: See MCLA § 15.261 et seq.
The members of the Township Planning Commission shall receive
as compensation for their services such amounts as determined from
time to time by the Township Board. The members of the Township Planning
Commission may be reimbursed for any actual, reasonable, and necessary
expenses incurred in the discharge of their duties as authorized by
the Township Board.
The Township Board, upon recommendation of the Planning Commission,
may employ a director and such personnel as it may deem necessary,
contract for the part-time or full-time services of planning or other
technicians, and pay or authorize the payment of expenses with the
funds budgeted and provided for planning purposes by the Township
Board. The Township Planning Commission is authorized to make use
of the expert advice, including that of the Township Zoning Administrator,
and information that may be furnished by appropriate federal, state,
and county officials, departments, and agencies having information,
maps and data pertinent to Township planning.
It shall be a function of the Township Planning Commission to
develop, adopt, and maintain a plan for the development of unincorporated
portions of the Township. This document shall be called the "Denton
Township Master Plan." The Commission shall consult, with respect
to its planning, with representatives of adjacent townships, the Roscommon
County Planning Commission, representatives of incorporated areas
within the Township, and the regional council of governments.
A.
The
Master Plan shall include maps, plats, charts, and descriptive, explanatory,
and other related matter and shall show the Planning Commission's
recommendations for the physical development of the planning jurisdiction.
The plan shall include a land use plan and program, the general location
of public infrastructure, recommendations as to the general character
for redevelopment of blighted areas, and recommendations for implementing
its proposals. The purpose of the plan shall be to guide and accomplish,
in the planning jurisdiction and its environs, development that satisfies
all of the following criteria:
(1)
Is coordinated, adjusted, harmonious, efficient, and economical.
(2)
Considers the character of the planning jurisdiction and its suitability
for particular uses, judged in terms of such factors as trends in
land and population development.
(3)
Will, in accordance with present and future needs, best promote public
health, safety, morals, order, convenience, prosperity, and general
welfare.
(4)
Includes, among other things, promotion of or adequate provision
for one or more of the following:
(a)
A system of transportation to lessen congestion on streets.
(b)
Safety from fire and other dangers.
(c)
Light and air.
(d)
Healthful and convenient distribution of population.
(e)
Good civic design and arrangement and wise and efficient expenditure
of public funds.
(f)
Public utilities such as sewage disposal and water supply and
other public improvements.
(g)
Recreation.
(h)
The use of resources in accordance with their character and
adaptability.
B.
In
preparation of the Master Plan, the Township shall do all of the following
as applicable:
(1)
Make careful and comprehensive surveys and studies of present conditions
and future growth within the planning jurisdiction with due regard
to its relation to neighboring jurisdictions.
(2)
Consult with representatives of adjacent local units of government
in respect to their planning so that conflicts in Master Plans and
zoning may be avoided.
(3)
Cooperate with all departments of the county, state and federal governments
and other public agencies concerned with programs directed toward
the economic, social and physical development of the Township, and
seek the maximum coordination of the programs of these agencies. The
Township Planning Commission shall serve as a coordinating agency
for all planning committees and commissions within the Township.
C.
The
Master Plan shall address land use and infrastructure issues and may
project 20 years or more into the future. The Master Plan shall include
those of the following subjects that reasonably can be considered
as pertinent to the future development of the planning jurisdiction:
(1)
A land use plan that consists in part of a classification and allocation
of land for agriculture, residences, commerce, industry, recreation,
ways and grounds, public buildings, schools, soil conservation, forests,
woodlots, open space, wildlife refuges, and other uses and purposes.
(2)
The general location, character, and extent of streets, railroads,
airports, bicycle paths, pedestrian ways, bridges, waterways, and
waterfront developments; sanitary sewers and water supply systems;
facilities for flood prevention, drainage, pollution prevention, and
maintenance of water levels; and public utilities and structures.
(3)
Recommendations as to the general character, extent, and layout of
redevelopment, or rehabilitation of blighted areas; and the removal,
relocation, widening, narrowing, vacating, abandonment, change of
use, or extension of streets, grounds, open spaces, buildings, utilities,
or other facilities.
(4)
A zoning ordinance, a zoning plan for various zoning districts controlling
the height, area, bulk, location, and use of buildings and premises.
The zoning plan shall include an explanation of how the land use categories
on the future land use map relate to the districts on the Zoning Map.
(5)
Recommendations for implementing any of the Master Plan's proposals.
D.
If the Master Plan is or includes a master street plan, the means
for implementing the master street plan in cooperation with the county
road commission and the state transportation department shall be specified
in the Master Street Plan in a manner consistent with the respective
powers and duties of and any written agreements between these entities
and the Township.
The Planning Commission may, by a majority vote of the members,
adopt a subplan for a geographic area less than the entire planning
jurisdiction, if, because of the unique physical characteristics of
that area, more intensive planning is necessary for the purposes set
forth above.
A.
The Township Planning Commission may adopt the plan as a whole by
a single resolution or may by successive resolutions adopt successive
parts of the plan, the parts corresponding with major geographical
sections or divisions of the Township or with corresponding functional
divisions of the subject matter of the plan, and may adopt any amendment
or extension thereof or addition thereto. The adoption of the plan,
or of any such part, amendment, extension, or addition, shall take
place after review of the plan or part thereof in accordance with
Sections 39, 41 and 43 of the Michigan Planning Enabling Act, Public
Act 33 of 2008.[1]
[1]
Editor's Note: See MCLA § 125.3801 et seq.
B.
The approval of the proposed Master Plan shall be by resolution of
the Planning Commission carried by the affirmative votes of not less
than a majority of the members of the Planning Commission. The resolution
shall refer expressly to the maps and descriptive and other matter
intended by the Planning Commission to form the Master Plan. A statement
recording the Planning Commission's approval of the Master Plan,
signed by the Chairperson or Secretary of the Planning Commission,
shall be included on the inside of the front or back cover of the
Master Plan and, if the future land use map is a separate document
from the text of the Master Plan, on the future land use map. Following
approval of the proposed Master Plan by the Planning Commission, the
Secretary of the Planning Commission shall submit a copy of the Master
Plan to the Township Board.
Approval of the proposed Master Plan by the Township Planning
Commission is the final step for adoption of the Master Plan unless
the Township Board, by resolution, has asserted the right to approve
or reject the Master Plan. In that case, after approval of the proposed
Master Plan by the Planning Commission, the Township Board shall approve
or reject the proposed Master Plan. A statement recording the Board's
approval of the Master Plan, signed by the Clerk, shall be included
on the inside of the front or back cover of the Master Plan and, if
the future land use map is a separate document from the text of the
Master Plan, on the future land use map.
If the Board rejects the proposed Master Plan, the Board shall submit to the Planning Commission a statement of its objections to the proposed Master Plan. The Planning Commission shall consider the Board's objections and revise the proposed Master Plan so as to address those objections. The procedures provided in § 52-12 and this section shall be repeated until the Board approves the proposed Master Plan.
Amendments to the plan shall be adopted in the same manner as
listed above, except editorial, header, or title changes or a change
to conform to an adopted plat may be made without notification and
the other required procedures for plan adoption. Subplans only require
a notice of intent to prepare a subplan to surrounding communities
unless the entity receiving notice responds that it wishes to receive
further notices.
At least every five years, the Township Planning Commission
shall review the Master Plan and determine whether to commence the
procedure to amend the Master Plan or adopt a new Master Plan. The
review and its findings shall be recorded in the minutes of the relevant
meeting or meetings of the Planning Commission.
A street, square, park, playground, public way, ground, or other
open space, or public building or other structure shall not be constructed
or authorized for construction in an area covered by the Township
Master Plan unless the location, character, and extent of the street,
public way, open space, structure, or utility have been submitted
to the Planning Commission by the Board or other body having jurisdiction.
The Planning Commission shall submit its reasons for approval or disapproval
to the Township Board. If the Planning Commission disapproves, the
Board may overrule the Planning Commission by a vote of not less than
a majority of its membership. If the Planning Commission fails to
act within 35 days after submission of the proposal to the Planning
Commission, the project shall be considered to be approved by the
Planning Commission.
When requested by the Township Board, the Planning Commission
shall prepare a Capital Improvements Program.
A.
In order to insure a more rational, efficient and orderly pattern
of land subdivision and construction of public physical improvements
within the Township, the Planning Commission is empowered to continually
communicate with the County Road Commission, the County Drain Commission
and any other county or Township entities concerned with land subdivision
review and the provisions of physical improvements within the Township,
in the development and amendments of regulations governing the subdivision
of land, including but not limited to, subdivision design, standards
of design and the physical improvement that may be required. This
power shall not be exercised in any manner contrary to PA 288 of 1976,
the Subdivision Control Act,[1] as amended.
[1]
Editor's Note: See MCLA § 560.101 et seq.
B.
Recommendations for a subdivision ordinance or rule may address plat
design, including the proper arrangement of streets in relation to
other existing or planned streets and to the Master Plan, adequate
and convenient open spaces for traffic, utilities, access of fire-fighting
apparatus, recreation, light, and air, and the avoidance of congestion
of population, including minimum width and area of lots. The recommendations
may also address the extent to which streets shall be graded and improved
and to which water and sewer and other utility mains, piping, or other
facilities shall be installed as a condition precedent to the approval
of a plat.
A.
If the Township has adopted a Master Plan or master street plan,
the Planning Commission shall review and make recommendations on plats
before action thereon by the Board under Section 112 of the Land Division
Act, 1967 PA 288, MCLA § 560.112.
B.
The Planning Commission shall not take action on a proposed plat
without affording an opportunity for public hearing thereon. 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 municipality. Similar notice shall be
mailed to the owners of land immediately adjoining the proposed platted
land.
C.
The Planning Commission shall recommend approval, approval with conditions,
or disapproval of a plat within 63 days after the plat is submitted
to the Planning Commission. If applicable standards under the Land
Division Act, 1967 PA 288, MCLA § 560.101 to 560.105, and
an ordinance or published rules governing the subdivision of land
authorized under Section 105 of that act are met, the Planning Commission
shall recommend approval of the plat. If the Planning Commission fails
to act within the required period, the plat shall be considered to
have been recommended for approval, and a certificate to that effect
shall be issued by the Planning Commission upon request of the proprietor.
However, the proprietor may waive this requirement and consent to
an extension of the sixty-three-day period. The grounds for any recommendation
of disapproval of a plat shall be stated upon the records of the Planning
Commission.
D.
A plat approved by the Township and recorded under Section 172 of
the Land Division Act, 1967 PA 288, MCLA § 560.172, shall
be considered to be an amendment to the Master Plan and a part thereof.
Approval of a plat by the Township does not constitute or effect an
acceptance by the public of any street or other open space shown upon
the plat.
The Township Planning Commission shall have the power to promote
public interest in and understanding of the Master Plan and, to that
end, may publish and distribute copies of the Township Master Plan
or of any report and employ other means of publicity and education
as it may determine advisable. Members of the commission, when duly
authorized by the Township Board, may attend conferences and meetings
dealing with planning problems and techniques, and any hearings on
pending planning legislation. The Township Board may pay the reasonable
traveling expenses incident to such attendance. The Township Planning
Commission, as a part of its duties, shall consult and advise with
public officials and public agencies, other Planning Commission or
committees, private organizations and agencies, and citizens of the
Township to develop adequate support and understanding of the objectives
of the Township Master Plan. Gifts and grants for Planning Commission
purposes shall be deposited with the Township Treasurer in a special
nonreverting Planning Commission fund for expenditure by the Planning
Commission for the purpose designated by the donor.
Any amendment, which may hereafter be made to PA 33 of 2008,
shall hereby be deemed to automatically control the activities of
the Township Planning Commission created hereunder unless the same
are specifically determined not to apply.
[Adopted 1-8-2009 by Ord. No. 74]
This article shall be known as the "Joint Planning Commission
Ordinance."
The Township Board adopts and approves the attached agreement[1] for Joint Planning Commission between Roscommon Township
and Denton Township.
[1]
Editor's Note: Said agreement is on file in the Township
offices.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed, provided that this article shall not be construed
to repeal any powers currently held by the Denton Township Planning
Commission or the Roscommon Township Planning Commission, except for
the development of a joint Master Plan as provided for in the aforementioned
agreement.
