[Adopted 2-25-2015 by Ord. No. 317 as Ch. 2, Art. IV, Div. 2, of the
2015 Pittsfield Charter Township Code]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Charter Township of Pittsfield Housing Commission, created
in this article.
Pursuant to the provisions of Public Act No. 18 of 1933 (MCL
125.651 et seq.), there is created a commission to be known as the
"Charter Township of Pittsfield Housing Commission."
A.
The
Commission shall consist of five members, all of whom must be residents
of the Township.
B.
The
members of the Commission shall be appointed by the Township Supervisor.
C.
The
term of office of members of the Commission shall be for staggered
terms of five years.
D.
Members
of the Commission shall serve without compensation and may be removed
from office by the Township Supervisor.
E.
Any
vacancy in office shall be filled by appointment by the Township Supervisor
for the remainder of the unexpired term.
The Commission shall have all the powers and duties vested in
or permitted to be vested in housing commissions by Public Act No.
18 of 1933 (MCL 125.651 et seq.).
The Commission shall meet at regular intervals, such meetings
to be public. It shall adopt its own rules of procedure and shall
keep a record of the proceedings. Three members shall constitute a
quorum for the transaction of business. A President and Vice President
shall be elected by the Commission. The Commission may appoint a Director,
who may also serve as secretary, and such other employees or officers
as shall be necessary. The Commission shall prescribe the duties of
all of its officers and employees and may, with the approval of the
Township Board of Trustees, fix their compensation. The Commission
may from time to time as necessary employ engineers, architects and
consultants.
Funds for the operation of the Commission may be provided by
the Township Board of Trustees. The Commission shall as soon as possible
reimburse the Township for all moneys expended by the Township for
the Commission from revenues received from the sale of bonds or other
sources of revenue.
The Commission shall make an annual report of its activities
to the Township Board of Trustees and shall make such other reports
to the Township Board of Trustees as the Township Board of Trustees
may require.
No member of the Commission or any of its officers or employees
shall have any interest directly or indirectly in any contract for
property, materials or services to be acquired by the Commission.
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 2, Art. IV, Div. 4, of the
2015 Pittsfield Charter Township Code]
A.
This article is adopted under the authority granted the Township
Board of Trustees under the Michigan Planning Enabling Act, Public
Act 33 of 2008, MCL 125.3801 et seq., and the Michigan Zoning Enabling
Act, Public Act 110 of 2006, MCL 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 article
and any future amendments to this article.
B.
The purpose of this article is to provide that the Township Board
of Trustees shall hereby confirm the establishment under the Michigan
Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq.,
of the Township Planning Commission formerly established under the
Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq.,[1] 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.
[1]
Editor's Note: This former statute was repealed pursuant to
MCL 125.3885. See now MCL 125.3801 et seq.
The Township Board of Trustees hereby confirms the establishment
under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL
125.3801 et seq., of the Township Planning Commission formerly established
under the Township Planning Act, Public Act 168 of 1959, MCL 125.321
et seq. The Township Planning Commission shall have seven members.
Members of the Township 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 Township Board of Trustees, 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,
MCL 125.3801 et seq.
As used in this article, the following terms shall have the
meanings indicated:
A member, with full voting rights unless otherwise provided
by charter, who serves on the Planning Commission by virtue of holding
another office, for the term of that other office.
A county or municipality.
Either of the following:
As provided in Section 81(1) (MCL 125.3881), any plan adopted
or amended before September 1, 2008, under a Planning Act repealed
under Section 85 of the Michigan Planning Enabling Act (MCL 125.3885),
Public Act 33 of 2008, MCL 125.3801 et seq.
Any plan adopted or amended under the Michigan Planning Enabling
Act, Public Act 33 of 2008, MCL 125.3801 et seq. This includes, but
is not limited to, a plan prepared by a Planning Commission authorized
by this Act and used to satisfy the requirement of Section 203(1)
of the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3203, regardless
of whether it is entitled a master plan, basic plan, county plan,
development plan, guide plan, land use plan, municipal plan, Township
plan, plan, or any other term.
A.
The Township Supervisor, with the approval of the Township Board
of Trustees 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 Township,
except that one Planning Commission member may be an individual who
is not a qualified elector of the Township but is a qualified elector
of another local unit of government. 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.
E.
One member of the Township Board of Trustees shall be appointed to
the Planning Commission as an ex officio member.
F.
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 Township Board of Trustees.
G.
No other elected officer or employee of the Township is eligible
to be a member of the Planning Commission.
The Township Board of Trustees 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, the Planning Commission shall define
conflict of interest in its bylaws.
The Planning Commission members may be compensated for their
services as provided by Township Board of Trustees 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 Township Board of Trustees, 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, MCL 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, MCL 15.231 et seq.
The Planning Commission shall make an annual written report
to the Township Board of Trustees concerning its operations and the
status of the planning activities, including recommendations regarding
actions by the Township Board of Trustees related to planning and
development.
A.
Under the authority of the Michigan Planning Enabling Act, Public
Act 33 of 2008, MCL 125.3801 et seq., and other applicable planning
statutes, the Planning Commission shall make a Master Plan as a guide
for development within the Township's planning jurisdiction.
B.
Final authority to approve a Master Plan or any amendments thereto
shall rest with the Planning Commission unless the Township Board
of Trustees passes a resolution asserting the right to approve or
reject the Master Plan.
C.
Unless rescinded by the Township, any plan adopted or amended under
the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et
seq., need not be readopted under the Michigan Planning Enabling Act,
Public Act 33 of 2008, MCL 125.3801 et seq.
A.
The Township Board of Trustees hereby confirms the transfer of all
powers, duties, and responsibilities provided for zoning boards or
zoning commissions by the former Township Zoning Act, Public Act 184
of 1943, MCL 125.271 et seq.[1]; the Michigan Zoning Enabling Act, Public Act 110 of 2006,
MCL 125.3101 et seq.; or other applicable zoning statutes to the Township
Planning Commission formerly established under the Township Planning
Act, Public Act 168 of 1959, MCL 125.321 et seq.[2]
B.
Any existing zoning ordinance shall remain in full force and effect
except as otherwise amended or repealed by the Township Board of Trustees,
and in no circumstances shall the Township Board of Trustees'
authority to approve zoning changes or amend the Zoning Ordinance[3] be delegated to the Planning Commission.
[3]
Editor's Note: The current Zoning Ordinance is available from
the Township Clerk.
To further the desirable future development of the Township
under the Master Plan, the Township Board of Trustees, after the Master
Plan is adopted, shall prepare or cause to be prepared by the Township
Supervisor, 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
Township Board of Trustees, shall be subject to final approval by
the Township Board of Trustees. The Planning Commission is hereby
exempted from preparing a capital improvements plan.
A.
The Planning Commission may recommend to the Township Board of Trustees
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 Township.
B.
The Planning Commission shall review and make recommendation on a
proposed plat before action thereon by the Township Board of Trustees
under the Land Division Act, Public Act 288 of 1967, MCL 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 Township. Similar notice shall be mailed to the owners of land
immediately adjoining the proposed platted land.
