[HISTORY: Adopted by the Township Board of the Township of Denton as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-2008 by Ord. No. 73]
Editor's Note: This ordinance also repealed former Ch. 52, Planning Commission, adopted 10-5-1994 by Ord. No. 56.
Pursuant to the authority of and subject to the powers, duties and limitations provided in Public Act 33 of 2008, as amended, and the terms and conditions of this article and any subsequent amendments, there is hereby created a Township Planning Commission for the Township of Denton, Roscommon County, State of Michigan. The Planning Commission shall be known as the "Denton Township Planning Commission."
The Township Planning Commission shall consist of seven members appointed by the Township Board. Such members shall be appointed for three-year terms and be individually representative of important segments of the economic, governmental, social life and development of the Township in accordance with the major interests as they exist in the Township, such as agriculture, recreation, education, public health, government, transportation, industry, commerce, forestry, labor and social welfare. All members shall be qualified electors, except one member may be an individual who is not a qualified elector of Denton Township. The Commission shall be appointed by the Township Supervisor, subject to approval by a majority vote of the Township Board.
Members may, upon written charges, and after a public hearing thereon, be removed by the Township Supervisor with approval by a majority vote of the full membership of the Township Board for misfeasance, malfeasance or nonfeasance in office.
The Township Planning Commission, at its first meeting and annually thereafter, shall elect a chairperson, vice chairperson, and secretary from among its members. The ex officio member may not be chairperson. The terms of all officers shall be one year with eligibility for re-election. The Secretary of the Planning Commission and Township Clerk shall be responsible to keep an accurate record of all resolutions, transactions, findings and determinations; such records shall be public record. The Planning Commission shall create and fill such other offices or subcommittees as it deems advisable. The Township Planning Commission may also appoint advisory committees or councils that may be composed of individuals qualified by experience, training, or interest to assist in the consideration and solution of Township problems.
Each year, the Township Planning Commission shall make and file an annual report with the Township Board. Said report shall summarize its operations and the status of planning and zoning activities, including recommendations regarding actions by the Township Board related to planning and other community development concerns.
Four members of the Township Planning Commission shall constitute a quorum for the transaction of business. The Township Planning Commission shall make and adopt bylaws for the transaction of business and shall keep public record of its resolutions, transaction, findings and determinations consistent with PA 442 of 1976. Such records and rules shall be available for public inspection at the office of the Township Clerk.
Editor's Note: See MCLA § 15.231 et seq.
The Township Planning Commission shall meet as often as is determined necessary, but not less than four meetings per year, at such times and places as may be fixed by resolution of the Commission. Special meetings may be called at any time, either by the Chairperson or by written request of two members to the Secretary, who shall send written notice to all members of the Commission at least 48 hours in advance of the special meeting. All meetings of the Township Planning Commission. Including both regular and special meetings, shall be open to the public and shall be governed by all applicable provisions of the Open Meetings Act, being PA 267 of 1976, as amended.
Editor's Note: See MCLA § 15.261 et seq.
The members of the Township Planning Commission shall receive as compensation for their services such amounts as determined from time to time by the Township Board. The members of the Township Planning Commission may be reimbursed for any actual, reasonable, and necessary expenses incurred in the discharge of their duties as authorized by the Township Board.
The Township Board, upon recommendation of the Planning Commission, may employ a director and such personnel as it may deem necessary, contract for the part-time or full-time services of planning or other technicians, and pay or authorize the payment of expenses with the funds budgeted and provided for planning purposes by the Township Board. The Township Planning Commission is authorized to make use of the expert advice, including that of the Township Zoning Administrator, and information that may be furnished by appropriate federal, state, and county officials, departments, and agencies having information, maps and data pertinent to Township planning.
It shall be a function of the Township Planning Commission to develop, adopt, and maintain a plan for the development of unincorporated portions of the Township. This document shall be called the "Denton Township Master Plan." The Commission shall consult, with respect to its planning, with representatives of adjacent townships, the Roscommon County Planning Commission, representatives of incorporated areas within the Township, and the regional council of governments.
The Master Plan shall include maps, plats, charts, and descriptive, explanatory, and other related matter and shall show the Planning Commission's recommendations for the physical development of the planning jurisdiction. The plan shall include a land use plan and program, the general location of public infrastructure, recommendations as to the general character for redevelopment of blighted areas, and recommendations for implementing its proposals. The purpose of the plan shall be to guide and accomplish, in the planning jurisdiction and its environs, development that satisfies all of the following criteria:
Is coordinated, adjusted, harmonious, efficient, and economical.
Considers the character of the planning jurisdiction and its suitability for particular uses, judged in terms of such factors as trends in land and population development.
Will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and general welfare.
Includes, among other things, promotion of or adequate provision for one or more of the following:
A system of transportation to lessen congestion on streets.
Safety from fire and other dangers.
Light and air.
Healthful and convenient distribution of population.
Good civic design and arrangement and wise and efficient expenditure of public funds.
Public utilities such as sewage disposal and water supply and other public improvements.
The use of resources in accordance with their character and adaptability.
In preparation of the Master Plan, the Township shall do all of the following as applicable:
Make careful and comprehensive surveys and studies of present conditions and future growth within the planning jurisdiction with due regard to its relation to neighboring jurisdictions.
Consult with representatives of adjacent local units of government in respect to their planning so that conflicts in Master Plans and zoning may be avoided.
Cooperate with all departments of the county, state and federal governments and other public agencies concerned with programs directed toward the economic, social and physical development of the Township, and seek the maximum coordination of the programs of these agencies. The Township Planning Commission shall serve as a coordinating agency for all planning committees and commissions within the Township.
The Master Plan shall address land use and infrastructure issues and may project 20 years or more into the future. The Master Plan shall include those of the following subjects that reasonably can be considered as pertinent to the future development of the planning jurisdiction:
A land use plan that consists in part of a classification and allocation of land for agriculture, residences, commerce, industry, recreation, ways and grounds, public buildings, schools, soil conservation, forests, woodlots, open space, wildlife refuges, and other uses and purposes.
The general location, character, and extent of streets, railroads, airports, bicycle paths, pedestrian ways, bridges, waterways, and waterfront developments; sanitary sewers and water supply systems; facilities for flood prevention, drainage, pollution prevention, and maintenance of water levels; and public utilities and structures.
Recommendations as to the general character, extent, and layout of redevelopment, or rehabilitation of blighted areas; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of streets, grounds, open spaces, buildings, utilities, or other facilities.
A zoning ordinance, a zoning plan for various zoning districts controlling the height, area, bulk, location, and use of buildings and premises. The zoning plan shall include an explanation of how the land use categories on the future land use map relate to the districts on the Zoning Map.
Recommendations for implementing any of the Master Plan's proposals.
If the Master Plan is or includes a master street plan, the means for implementing the master street plan in cooperation with the county road commission and the state transportation department shall be specified in the Master Street Plan in a manner consistent with the respective powers and duties of and any written agreements between these entities and the Township.
The Planning Commission may, by a majority vote of the members, adopt a subplan for a geographic area less than the entire planning jurisdiction, if, because of the unique physical characteristics of that area, more intensive planning is necessary for the purposes set forth above.
The Township Planning Commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, the parts corresponding with major geographical sections or divisions of the Township or with corresponding functional divisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. The adoption of the plan, or of any such part, amendment, extension, or addition, shall take place after review of the plan or part thereof in accordance with Sections 39, 41 and 43 of the Michigan Planning Enabling Act, Public Act 33 of 2008.
The approval of the proposed Master Plan shall be by resolution of the Planning Commission carried by the affirmative votes of not less than a majority of the members of the Planning Commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the Planning Commission to form the Master Plan. A statement recording the Planning Commission's approval of the Master Plan, signed by the Chairperson or Secretary of the Planning Commission, shall be included on the inside of the front or back cover of the Master Plan and, if the future land use map is a separate document from the text of the Master Plan, on the future land use map. Following approval of the proposed Master Plan by the Planning Commission, the Secretary of the Planning Commission shall submit a copy of the Master Plan to the Township Board.
Approval of the proposed Master Plan by the Township Planning Commission is the final step for adoption of the Master Plan unless the Township Board, by resolution, has asserted the right to approve or reject the Master Plan. In that case, after approval of the proposed Master Plan by the Planning Commission, the Township Board shall approve or reject the proposed Master Plan. A statement recording the Board's approval of the Master Plan, signed by the Clerk, shall be included on the inside of the front or back cover of the Master Plan and, if the future land use map is a separate document from the text of the Master Plan, on the future land use map.
If the Board rejects the proposed Master Plan, the Board shall submit to the Planning Commission a statement of its objections to the proposed Master Plan. The Planning Commission shall consider the Board's objections and revise the proposed Master Plan so as to address those objections. The procedures provided in § 52-12 and this section shall be repeated until the Board approves the proposed Master Plan.
Amendments to the plan shall be adopted in the same manner as listed above, except editorial, header, or title changes or a change to conform to an adopted plat may be made without notification and the other required procedures for plan adoption. Subplans only require a notice of intent to prepare a subplan to surrounding communities unless the entity receiving notice responds that it wishes to receive further notices.
At least every five years, the Township Planning Commission shall review the Master Plan and determine whether to commence the procedure to amend the Master Plan or adopt a new Master Plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the Planning Commission.
A street, square, park, playground, public way, ground, or other open space, or public building or other structure shall not be constructed or authorized for construction in an area covered by the Township Master Plan unless the location, character, and extent of the street, public way, open space, structure, or utility have been submitted to the Planning Commission by the Board or other body having jurisdiction. The Planning Commission shall submit its reasons for approval or disapproval to the Township Board. If the Planning Commission disapproves, the Board may overrule the Planning Commission by a vote of not less than a majority of its membership. If the Planning Commission fails to act within 35 days after submission of the proposal to the Planning Commission, the project shall be considered to be approved by the Planning Commission.
When requested by the Township Board, the Planning Commission shall prepare a Capital Improvements Program.
In order to insure a more rational, efficient and orderly pattern of land subdivision and construction of public physical improvements within the Township, the Planning Commission is empowered to continually communicate with the County Road Commission, the County Drain Commission and any other county or Township entities concerned with land subdivision review and the provisions of physical improvements within the Township, in the development and amendments of regulations governing the subdivision of land, including but not limited to, subdivision design, standards of design and the physical improvement that may be required. This power shall not be exercised in any manner contrary to PA 288 of 1976, the Subdivision Control Act, as amended.
Editor's Note: See MCLA § 560.101 et seq.
Recommendations for a subdivision ordinance or rule may address plat design, including the proper arrangement of streets in relation to other existing or planned streets and to the Master Plan, adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light, and air, and the avoidance of congestion of population, including minimum width and area of lots. The recommendations may also address the extent to which streets shall be graded and improved and to which water and sewer and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of a plat.
If the Township has adopted a Master Plan or master street plan, the Planning Commission shall review and make recommendations on plats before action thereon by the Board under Section 112 of the Land Division Act, 1967 PA 288, MCLA § 560.112.
The Planning Commission shall not take action on a proposed plat without affording an opportunity for public hearing thereon. 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 municipality. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.
The Planning Commission shall recommend approval, approval with conditions, or disapproval of a plat within 63 days after the plat is submitted to the Planning Commission. If applicable standards under the Land Division Act, 1967 PA 288, MCLA § 560.101 to 560.105, and an ordinance or published rules governing the subdivision of land authorized under Section 105 of that act are met, the Planning Commission shall recommend approval of the plat. If the Planning Commission fails to act within the required period, the plat shall be considered to have been recommended for approval, and a certificate to that effect shall be issued by the Planning Commission upon request of the proprietor. However, the proprietor may waive this requirement and consent to an extension of the sixty-three-day period. The grounds for any recommendation of disapproval of a plat shall be stated upon the records of the Planning Commission.
A plat approved by the Township and recorded under Section 172 of the Land Division Act, 1967 PA 288, MCLA § 560.172, shall be considered to be an amendment to the Master Plan and a part thereof. Approval of a plat by the Township does not constitute or effect an acceptance by the public of any street or other open space shown upon the plat.
The Township Planning Commission shall have the power to promote public interest in and understanding of the Master Plan and, to that end, may publish and distribute copies of the Township Master Plan or of any report and employ other means of publicity and education as it may determine advisable. Members of the commission, when duly authorized by the Township Board, may attend conferences and meetings dealing with planning problems and techniques, and any hearings on pending planning legislation. The Township Board may pay the reasonable traveling expenses incident to such attendance. The Township Planning Commission, as a part of its duties, shall consult and advise with public officials and public agencies, other Planning Commission or committees, private organizations and agencies, and citizens of the Township to develop adequate support and understanding of the objectives of the Township Master Plan. Gifts and grants for Planning Commission purposes shall be deposited with the Township Treasurer in a special nonreverting Planning Commission fund for expenditure by the Planning Commission for the purpose designated by the donor.
Any amendment, which may hereafter be made to PA 33 of 2008, shall hereby be deemed to automatically control the activities of the Township Planning Commission created hereunder unless the same are specifically determined not to apply.
[Adopted 1-8-2009 by Ord. No. 74]
This article shall be known as the "Joint Planning Commission Ordinance."
The Township Board adopts and approves the attached agreement for Joint Planning Commission between Roscommon Township and Denton Township.
Editor's Note: Said agreement is on file in the Township offices.
All ordinances or parts of ordinances in conflict herewith are hereby repealed, provided that this article shall not be construed to repeal any powers currently held by the Denton Township Planning Commission or the Roscommon Township Planning Commission, except for the development of a joint Master Plan as provided for in the aforementioned agreement.