[Code 1955, § 1-7.1; Ord. No. 1522, 11-5-2008]
The City Planning Commission, having been established under
and by virtue of Act No. 285 of the Public Acts of 1931 and Act No.
163 of the Public Acts of 1943, is hereby continued as provided in
Act 33 of the Public Acts of 2008.
[Code 1955, § 1-7.2; Ord. No. 1032, 12-4-1991; Ord. No. 1522, 11-5-2008]
(a) The City Planning Commission shall consist of the Mayor, one of the
administrative officials of the City selected by the Mayor, one member
of the Council selected by the Council, as members ex officio, and
six persons appointed by the Mayor, subject to approval by a majority
vote of members of the City Council. For purposes of this section,
the term "administrative official" shall be defined as any department
head of the City or Board of Public Works established by charter,
ordinance, or action of the City Council or Board of Public Works.
The Council shall adopt biennially, prior to the expiration of the
term of the administrative official, a list of eligible administrative
officials from which an appointment shall be made by the Mayor.
(b) Members of the City Planning Commission shall be representative of
important segments of the community, representative of the entire
geography of the community to the extent practicable, and shall be
qualified electors in the City, except that one member may be an individual
who is not a qualified elector in the City.
[Code 1955, § 1-7.3; Ord. No. 1522, 11-5-2008]
(a) The terms of office, powers and duties of the Planning Commission
shall be as prescribed by Act 33 of the Public Acts of 2008 and any
amendments thereto. The rules and regulations as provided by such
Act and any amendments thereto are hereby adopted and made a part
of this Code.
(b) 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.
(c) A street, square, park, playground, public way, or other open space
or public building or other structure shall not be constructed or
authorized for construction in an area covered by a municipal 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 City Council and has been approved by the
Planning Commission. The Planning Commission shall submit its reasons
for approval or disapproval to the City Council. If the Planning Commission
disapproves, the City Council may overrule the Planning Commission
by a vote of not less than 2/3 of its entire 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.
(d) If the opening, widening, or extension of a street, or the acquisition or enlargement of any square, park, playground, or other open space has been approved by the City Planning Commission and authorized by the legislative body as provided under Subsection
(c) of this section, the City Council shall not rescind its authorization unless the matter has been resubmitted to the Planning Commission and the rescission has been approved by the Planning Commission after holding a public hearing. The Planning Commission shall submit its reasons for approval or disapproval of the rescission to the City Council. If the Planning Commission disapproves the rescission, the City Council may overrule the Planning Commission by a vote of not less than 2/3 of its entire membership. If the Planning Commission fails to act within 63 days after submission of the proposed rescission to the Planning Commission, the proposed rescission shall be considered to be approved by the Planning Commission.
(e) The City Planning Commission shall be exempt from preparing a capital
improvements program of public structures and improvements. Preparation
of the capital improvements program of public structures and improvements
is delegated to the City Manager to prepare and present to City Council
for approval as authorized and described in Section 65(1) of Act 33
of the Public Acts of 2008.