[Adopted 6-11-2015 by Ord. No. 250]
This article is adopted pursuant to the authority granted the
Township Board to confirm the establishment of a Planning Commission
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., 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.
The Township Board hereby confirms the establishment of the
Paw Paw Township Planning Commission, under the Michigan Planning
Enabling Act, Public Act 33 of 2008, MCL § 125.3801 et seq.,
formerly established under the Township Planning Act, Public Act 168
of 1959, MCL § 125.321 et seq. The Paw Paw Township Planning
Commission shall be composed of seven members. As of the effective
date of this article, members of the Paw Paw Township Planning Commission
shall 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, 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.
(a)
The Township Supervisor shall appoint all Planning Commission members,
including the ex officio member, with the approval of the Township
Board by a majority vote of the members elected and serving.
(b)
The Planning Commission members, other than an ex officio member,
shall serve for terms of three years each. Terms shall be staggered
so that, as nearly as possible, 1/3 of all terms will expire each
year.
(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. 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.
Planning Commission members may be compensated for their service as
provided by the Township Board by resolution.
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.
(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)
The Planning Commission shall further define conflict of interest
in its bylaws.
(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 concerning its operations and the status of
the planning activities, including recommendations regarding actions
by the Township Board related to planning and development. If the
Township ever operates a water supply system or sewage disposal system,
then the Planning Commission shall prepare a capital improvements
program.
(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
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 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.; the Michigan Zoning Enabling Act, Public Act 110 of 2006,
MCL § 125.3101 et seq.; or other applicable zoning statutes
to the Paw Paw Township Planning Commission formerly established under
the Township Planning Act, Public Act 168 of 1959, MCL § 125.321
et seq.
(b)
Any existing zoning ordinance shall remain in full force and effect
until otherwise amended or repealed by the Township Board.
(a)
The Planning Commission may recommend to the Township Board 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 recommendations on
a proposed plat before action thereon by the Township Board under
the Land Division Act, Public Act 288 of 1967, as amended, 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.
(c)
The Planning Commission shall have 63 days from receipt of the plat
to issue its recommendation of approval, approval with conditions
or disapproval, default of which shall be considered approved.
The provisions of this article are hereby declared to be severable;
and if any part is declared invalid for any reason by a court of competent
jurisdiction, it shall not affect the remainder of the article, which
shall continue in full force and effect.
All ordinances or parts of ordinances in conflict with this
article are hereby repealed. The resolution or ordinance establishing
the Paw Paw Township Planning Commission under the Township Planning
Act, Public Act 168 of 1959, § MCL 125.321 et seq., is hereby
repealed.
