[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 6-14-2011 by Ord. No. 104 (Ch. 2, Art. IV, Div. 1, of the 2007
Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Construction standards — See Ch. 165.
Floodplain and wetlands protection — See Ch. 210.
Historic districts and preservation — See Ch. 228.
Land divisions and subdivisions — See Ch. 250.
Mining operations — See Ch. 267.
Stormwater management and erosion control — See Ch. 364.
Tree protection, preservation and removal — See Ch. 389.
A.
Authority. This chapter is adopted pursuant to the authority granted
the Township Board of Trustees under the Michigan Planning Enabling
Act, Public Act 33 of 2008, MCLA § 125.3801 et seq., and
the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCLA § 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 chapter and any future amendments to this chapter.
B.
Purpose. The purpose of this chapter is to provide that the Charter
Township of Oakland Board of Trustees hereby confirms the establishment,
under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCLA
§ 125.3801 et seq., of the Oakland Township Planning Commission,
formerly established under the Township Planning Act, Public Act 168
of 1959, MCLA § 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 Oakland 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 chapter shall be officially
known and described as the "Oakland Township Planning Commission Ordinance."
A.
The Planning Commission shall consist of seven members. Members of
the Planning Commission shall be appointed by the Township Supervisor
subject to approval by majority vote of the members of the Township
Board elected and serving.
B.
The term of each member shall be three years and until a successor
is appointed and qualified, except that a Township Board member shall
be appointed as an ex officio member of the Planning Commission and
shall have a term corresponding with that person's term as a
member of the Township Board. The duration of the terms of members
first appointed to the Planning Commission shall vary, though not
exceeding three years, so that terms will expire in different years.
Vacancies in office shall be filled for the remainder of the unexpired
term.
C.
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 agriculture,
natural resources, recreation, education, public health, government,
transportation, industry, and commerce. The membership shall also
be representative of the entire geography of the Township to the extent
practicable.
D.
Members of the Planning Commission shall be qualified electors of
the Township, except that one Planning Commission member may be an
individual who is not a qualified elector of the Township.
E.
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 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 chapter, a
"conflict of interest" exists when a member of the Planning Commission
or a member of his or her 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
MCLA § 15.341 et seq.), the Incompatible Public Offices
Act, 566 PA 1978 (being MCLA § 15.181 et seq.), or any other
state law or Township ordinance or policy applicable to conflicts
of interest.
A.
The Planning Commission shall elect a Chairperson and Secretary from its members and create and fill other offices, as it considers advisable. The Township Board member of the Planning Commission is not eligible to serve as Chairperson. The term of each officer shall be one year, with opportunity for reelection as specified in bylaws adopted under § 68-4A of this chapter.
B.
The Planning Commission may appoint advisory committees whose members
are not members of the Planning Commission.
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.
A.
The Planning Commission shall hold not fewer 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,[1] 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.
[1]
Editor's Note: See MCLA § 15.261 et seq.
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,[2] as amended, and as permitted in Section 11 of the Township
Planning Act, Act 168 of 1959.
[2]
Editor's Note: See MCLA § 125.3101 et seq.
The members of the Planning Commission shall have the following
principal duties and responsibilities, among others:
A.
To consider, report upon, and make recommendations regarding the
adoption of and amendments to the Township Zoning Ordinance.
B.
To prepare, consider and approve the Township Master Plan, in accordance
with the Michigan Planning Enabling Act, as amended.
C.
In accordance with the Zoning Enabling Act, Act 110 of 2006,[1] as amended, to consider, no less frequently than 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.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
D.
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.
E.
To promote understanding of and interest in the Master Plan and the
Township Zoning Ordinance.
G.
To review and make recommendations on proposed platted subdivisions,
condominiums and site condominiums.
H.
To carry out other duties and responsibilities as set forth in the
Planning Enabling Act, Act 33 of 2008.
All official actions taken by the Charter Township of Oakland
Planning Commission preceding this chapter are hereby approved, ratified,
and reconfirmed. Any project, review, or process taking place at the
effective date of this chapter shall continue with the Planning Commission
confirmed by this chapter, subject to other requirements of this chapter,
and shall be deemed a continuation of any previous matter before the
Charter Township of Oakland Planning Commission. This chapter shall
be in full force and effect from and after its adoption and publication.
