[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 6-9-2011 (Ord. No. 23 of the 2005 Code). Amendments noted
where applicable.]
An ordinance to confirm the establishment under the Michigan
Planning Enabling Act, Public Act 33 of 2008, MCLA § 125.3801
et seq., of the Lawrence Township Planning Commission; provide for
the composition of that Planning Commission; provide for the powers,
duties and limitations of that Planning Commission; and repeal any
ordinance or parts of ordinances or resolutions in conflict with this
chapter.
A.
This chapter is adopted pursuant to the authority granted the Township
Board 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.
The purpose of this chapter is to provide that the Lawrence Township
Board shall hereby confirm the establishment under the Michigan Planning
Enabling Act, Public Act 33 of 2008, MCLA § 125.3801 et
seq., of the Lawrence 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.
[Amended 3-11-2021]
The Township Board hereby confirms the establishment under the
Michigan Planning Enabling Act, Public Act 33 of 2008, MCLA §
125.3801 et seq., of the Lawrence Township Planning Commission formerly
established under the Township Planning Act, Public Act 168 of 1959,
MCLA § 125.321 et seq. The Lawrence Township Planning Commission
shall have seven members. Members of the Lawrence Township Planning
Commission as of the effective date of this chapter 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, 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, MCLA § 125.3801 et seq.
A.
The Township Supervisor, with the approval of the Township Board
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. 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 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 Township Board.
F.
No other elected officer or employee of the Township is eligible
to be a member of the Planning Commission.
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 chapter constitutes malfeasance in
office.
B.
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:
(1)
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.
(2)
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.
(3)
The Planning Commission member owns or has a financial interest in
neighboring property. For the purposes of this section, a neighboring
property shall include any property immediately adjoining the property
involved in the request.
(4)
There is a reasonable appearance of a conflict of interest, as determined
by a majority vote of the remaining members of the Planning Commission.
The Planning Commission members may be compensated for their
services and reimbursed for their expenses as provided by the Township
Board.
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, MCLA § 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, MCLA § 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.
A.
Under the authority of the Michigan Planning Enabling Act, Public
Act 33 of 2008, MCLA § 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, MCLA § 125.321
et seq., need not be readopted under the Michigan Planning Enabling
Act, Public Act 33 of 2008, MCLA § 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, MCLA § 125.271
et seq.; the Michigan Zoning Enabling Act, Public Act 110 of 2006,
MCLA § 125.3101 et seq.; or other applicable zoning statutes
to the Lawrence Township Planning Commission formerly established
under the Township Planning Act, Public Act 168 of 1959, MCLA § 125.321
et seq.
B.
Any existing zoning ordinance shall remain in full force and effect
except as otherwise amended or repealed by the Township Board.
To further the desirable future development of the Township
under the Master Plan, the Township Board, after the Master Plan is
adopted, may prepare or cause to be prepared by the Township Supervisor,
or by a designated nonelected 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 capital improvements program, if prepared
by someone other than the Township Board, shall be subject to final
approval by the Township Board. The Planning Commission is hereby
exempted from preparing a capital improvements plan.
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 or any amendments of such 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. The Township Board retains the right to approve
any such ordinance or rule.
B.
The Planning Commission shall review and make recommendation on a
proposed plat before action thereon by the Township Board under the
Land Division Act, Public Act 288 of 1967, MCLA § 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.
The provisions of this chapter 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 chapter, which
shall continue in full force and effect.
All ordinances or parts of ordinances in conflict with this
chapter are hereby repealed. The resolution or ordinance establishing
the Lawrence Township Planning Commission under the Township Planning
Act, Public Act 168 of 1959, MCLA § 125.321 et seq., is
hereby repealed.
This chapter shall take effect on the date of its publication.
