[Ord. No. 12-2-2008, § 1]
This article is adopted pursuant to the authority granted the
Village Council 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.
The purpose of this article is to provide that the Stevensville
Village Council shall hereby confirm the establishment under the Michigan
Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq.,
of the Stevensville Village Planning Commission formerly established
under the Municipal Planning Act, Public Act 285 of 1931, MCL 125.31,
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.
[Ord. No. 12-2-2008, § 2]
The Village Council hereby confirms the establishment under
the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801,
et seq., of the Stevensville Village Planning Commission formerly
established under the Municipal Planning Act, Act 285 of 1931, MCL
125.31, et seq. The Stevensville Village Planning Commission shall
have five members. Members of the Stevensville Village 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 Village Council, 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.
[Ord. of 12-2-2008, § 3]
The Village President, with the approval of the Village Council
by a majority vote of the members elected and serving, shall appoint
all Planning Commission members, including the ex officio members.
The Planning Commission members, other than an ex officio member,
shall serve for terms of three years each.
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.
Planning Commission members shall be qualified electors of the
Village, except that two Planning Commission members may be individuals
who are not qualified electors of the Village. 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 Village, in accordance with the major
interests as they exist in the Village, 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 Village to the extent practicable.
One member of the Village Council shall be appointed to the
Planning Commission as an ex officio member.
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 Village Council.
No other elected officer or employee of the Village is eligible
to be a member of the Planning Commission.
[Ord. No. 12-2-2008, § 4]
The Village Council may remove a member of the Planning Commission
for misfeasance, malfeasance, or nonfeasance in office upon written
charges and after a public hearing.
[Ord. of 12-2-2008, § 5]
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.
For the purposes of this section, conflict of interest is defined
as, and a Planning Commission member shall declare a conflict of interest
and abstain from participating in Planning Commission deliberations
and voting on a request, when:
(a)
An immediate family member is involved in any request
for which the Planning Commission is asked to make a decision. "Immediate
family member" is defined as an individual's father, mother,
son, daughter, brother, sister, and spouse and a relative of any degree
residing in the same household as that individual.
(b)
The Planning Commission member has a business or financial
interest in the property involved in the request or has a business
or financial interest in the applicant's company, agency or association.
(c)
The Planning Commission member owns or has a financial
interest in neighboring property. For purposes of this section, a
neighboring property shall include any property falling within the
notification radius for the application or proposed development, as
required by the zoning ordinance or other applicable ordinance.
(d)
There is a reasonable appearance of a conflict of interest,
as determined by a majority vote of the remaining members of the Planning
Commission.
[Ord. of 12-2-2008, § 6]
The Planning Commission members may be compensated for their
services as provided by Village Council 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 Village Council, including, but not limited to, attendance
at conferences, workshops, educational and training programs and meetings.
[Ord. of 12-2-2008, § 7]
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.
The Planning Commission may also appoint advisory committees
whose members are not members of the Planning Commission.
[Ord. of 12-2-2008, § 8]
The Planning Commission shall adopt bylaws for the transaction
of business.
The Planning Commission shall hold at least four regular meetings
each year, and shall by resolution determine the time and place of
the meetings.
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.
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., except
that the notice of a special meeting to Planning Commission members
shall be at least 48 hours before the meeting.
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 976, MCL 15.231, et seq.
[Ord. of 12-2-2008, § 9]
The Planning Commission shall make an annual written report
to the Village Council concerning its operations and the status of
the planning activities, including recommendations regarding actions
by the Village Council related to planning and development.
[Ord. of 12-2-2008, § 10]
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 Village's planning jurisdiction.
Final authority to approve a master plan or any amendments thereto
shall rest with the Village Council.
[Ord. of 12-2-2008, § 11]
The Village Council hereby transfers all powers, duties, and
responsibilities provided for zoning boards or zoning commissions
by the former Village Zoning Act, Public Act 207 of 1921, 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
Stevensville Village Planning Commission formerly established under
the Municipal Planning Act, Public Act 285 of 193, MCL 125.31, et
seq.
[Ord. of 12-2-2008, § 12]
To further the desirable future development of the Village under
the master plan, the Planning Commission, after the master plan is
adopted, shall prepare, or cause to be prepared by a designated non-elected
administrative official, 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 master plan shall be subject to final approval by the
Village Council.
[Ord. of 12-2-2008, § 13]
The Planning Commission may recommend to the Village Council
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 Village.
The Planning Commission shall review and make recommendation
on a proposed plat before action thereon by the Village Council 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 Village. Similar notice shall be mailed to the owners of land
immediately adjoining the proposed platted land.
