Township of Three Oaks, MI
Berrien County
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[HISTORY: Adopted by the Township Board of the Township of Three Oaks 5-9-2011 by Ord. No. 11-45. Amendments noted where applicable.]
This chapter shall be known and cited as the Three Oaks Township "Planning Commission Ordinance."
The Three Oaks Township Planning Commission is hereby reestablished in accordance with the Michigan Planning Enabling Act, Act 33 of 2008,[1] as amended. While the Planning Commission has lawfully existed and exercised its duties pursuant to the Township Rural Zoning Act for decades, an ordinance establishing or reestablishing the Planning Commission is required under the provisions of the Michigan Planning Enabling Act, and this chapter is therefore incorporated into the Code of the Township of Three Oaks to comply with said Act.
[1]
Editor's Note: See MCLA § 125.3801 et seq.
The Planning Commission shall consist of nine members, or such other number determined by the Township Board and authorized by law. The Planning Commission membership shall generally be representative of the Township. 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. One member of the Township Board shall be a member of the Planning Commission. All members of the Planning Commission shall be nominated by the Township Supervisor and appointed with affirmative majority vote of the members of the Township Board.
The Township Board may, by majority vote of the Township Board, 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 section constitutes malfeasance in office.
The term of each member shall be three years, and until a successor is appointed and qualified, except that a Township Board member appointed as a member of the Planning Commission 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 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.
The officers of the Commission shall be the Chairperson, the Vice Chairperson and the Secretary. The officers shall be elected by affirmative majority vote of the Commission members present and voting. The Commission may by majority vote establish other officers in its discretion. In addition, the Planning Commission may appoint advisory committees whose members are not members of the Planning Commission.
The Planning Commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.
A. 
Regular meetings of the Commission shall be held bimonthly on a day and at a time to be determined by the Commission at its first meeting of the calendar year; provided, however, that a meeting need not be convened if pending matters do not warrant a meeting.
B. 
The Commission shall hold at least four meetings each year.
C. 
All meetings of the Planning Commission shall be public meetings, held in compliance with the provisions of the Open Meetings Act.[1]
[1]
Editor's Note: See MCLA § 15.261 et seq.
D. 
A quorum for the conduct of business shall consist of a majority of the total number of current members of the Commission.
The Planning Commission shall be responsible for the following planning activities, among others:
A. 
To prepare, consider and approve or recommend approval of the Township's Master Plan.
B. 
To monitor and oversee the effectiveness of the Master Plan; and in accordance with the Michigan Planning Enabling Act, Act 33 of 2008,[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 or recommend approval of any such revisions or amendments.
[1]
Editor's Note: See MCLA § 125.3801 et seq.
C. 
To consider and recommend the adoption of this chapter and amendments to this chapter.
D. 
To promote understanding of and interest in the Master Plan and this chapter.
E. 
To consider, recommend and/or approve zoning applications and requests assigned to the Commission under the terms of this chapter, including special land uses and other types of land use approval.
F. 
To make an annual written report to the Township Board, concerning its zoning and planning activities during the previous year and including, if desired, recommendations on zoning and planning changes and amendments.
G. 
To review and make recommendations on proposed public improvement projects, and to review and approve a capital improvement plan, as applicable and in accordance with the Planning Enabling Act, Act 33 of 2008, as amended.
H. 
To review and make recommendations on proposed platted subdivisions, condominiums and site condominiums.
I. 
To carry out other duties and responsibilities provided by law.