City of Roseville, MI
Macomb County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 45 of the 1984 Code. Amendments noted where applicable.]
Power of City Council to make contracts - See Ch. 13.
Subdivision of land - See Ch. 294.
Zoning — See Ch. 370.
There is hereby established a City Planning Commission to be known as the "City Planning Commission of Roseville."
Editor's Note: The provisions of this chapter must be read in conjunction with the Public Acts of 1921, No. 207 as amended; MCLA § 125.581 et seq.
The City Planning Commission shall consist of nine members, who shall represent, insofar as is possible, different professions or occupations and who shall be appointed by the Mayor subject to the approval by a majority vote of the members elect of the City Council. If deemed desirable by the Council, such Commission may consist of the Mayor, one of the administrative officials of the municipality selected by the Mayor and one member of the City Council to be selected by it, as members ex officio, and six persons who shall be appointed by the Mayor as is herein provided. All appointed members of the Commission may be compensated at a rate to be determined by the appointing or legislative body, and in this case also the appointed members shall hold no other municipal office, except that one of such appointed members may be a member of the Zoning Board of Appeals.
The terms of ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the Mayor shall terminate with the term of the Mayor selecting him. The term of each appointed member, where six are appointed, shall be three years or until a successor takes office, except that the respective terms of two of the members first appointed shall be for one year and two for two years. Members other than the member selected by the Council may, after public hearing, be removed by the Mayor for inefficiency, neglect of duty or malfeasance in office. The Council may, for like cause, remove the member selected by it. Vacancies occurring otherwise than by expiration of term shall be filled for the unexpired term by the Mayor.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Commission shall elect its Chair from among the appointed members and shall create and fill such other of its offices as it may determine. The term of the Chair shall be one year with eligibility for reelection. The Commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
The Commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of laws as govern other corresponding civil employees of the municipality. The Commission may also contract with city planners, engineers, architects and other consultants for such services as it may require. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Council, which shall provide the funds, equipment and accommodations necessary for the Commission's work.
It shall be the function and duty of the Commission to make and adopt a Master Plan for the physical development of the municipality, including any areas outside of its boundaries which, in the Commission's judgment, bear relation to the planning of such municipality. Such plan, with the accompanying maps, charts, plats and descriptive matter, shall show the Commission's recommendations for the development of said territory, including, among other things, the general location, character and extent of streets, viaducts, subways, bridges, waterways, floodplains, waterfronts, boulevards, parkways, playgrounds and open spaces, the general location of public buildings and other public property and the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes and also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals, the general and neighborhood units and the general character, extent and layout of the preplanning and redevelopment of blighted districts and slum areas, as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises. As the work of making the whole Master Plan progresses, the Commission may, from time to time, adopt and publish a part or parts thereof, and such part to cover one or more major sections or divisions of the municipality or one or more of the aforesaid or other functional matters to be included in the plan. The Commission may, from time to time, amend, extend or add to the plan.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In the preparation of such plan, the Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and with due regard to its relation to the neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs which will, in accordance with the present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provisions of public utilities and other public requirements.
The Commission may adopt the plan as a whole by a single resolution or may, by successive resolutions, adopt successive parts of the plan, said parts corresponding with major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any part, amendment, extension or addition, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given not less than 15 days prior to such hearing by one publication in a newspaper of general circulation in the municipality and in the official gazette, if any, of the municipality and by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the geographical sections or divisions of the municipality affected. The adoption of the plan or of any such part or amendment or extension or addition shall be by resolution of the Commission carried by the affirmative votes of not less than six members of the Commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the Commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the Chair and/or Secretary of the Commission. An attested copy of the plan or part thereof shall be certified to the Council and to the County Register of Deeds.
Whenever the Commission shall have adopted the Master Plan of the municipality or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space or public building or structure shall be constructed or authorized in the municipality or in such planned section and district until the location, character and extent thereof shall have been submitted to and approved by the Commission, provided that, in case of disapproval, the Commission shall communicate its reasons to the Council, which shall have the power to overrule such disapproval by a recorded vote of not less than 2/3 of its entire membership, which would be five affirmative votes; provided, however, that if the public way, ground, space, building, structure or utility is one the authorization or financing of which does not, under the law or Charter provisions governing same, fall within the province of the City Council, then the submission to the Planning Commission shall be by the board, commission or body having such jurisdiction, and the Planning Commission's disapproval shall be overruled by said board, commission or body by a vote of not less than 2/3 of its membership. The failure of the Commission to act within 60 days from and after the date of official submission to the Commission shall be deemed approval. For the purpose of furthering the desirable future development of the municipality under the Master Plan, the City Planning Commission, after the Commission shall have adopted a Master Plan, shall prepare coordinated and comprehensive programs of public structures and improvements. The Commission shall annually prepare such a program for the ensuing six years, which program shall show those public structures and improvements, in the general order of their priority, which, in the Commission's judgment, will be needed or desirable and can be undertaken within the six-year period. The above comprehensive coordinated programs shall be based upon the requirements of the community for all types of public improvements, and to that end, each agency or department of such municipality concerned with such improvements shall, upon request, furnish the Commission with lists, plans and estimates of time and cost of public structures and improvements within the purview of such department.
Whenever the City Council shall have ordered the opening, widening or extension of any street, avenue or boulevard or whenever the Council shall have ordered that proceedings be instituted for the acquisition or enlargement of any park, playground, playfield or other public open space, such resolution shall not be rescinded until after the matter has been referred back to the City Planning Commission for a report and until after a public hearing shall have been held. The City Council shall have power to overrule the recommendation of the City Planning Commission by a vote of not less than five votes, which represents 2/3 of its entire membership. Said report of the Planning Commission shall be forthcoming within 60 days from the date of its referral by the City Council, and in the absence of said report being forthcoming within that period of time, it shall be deemed that the Planning Commission has approved the action of the City Council.
The Commission shall have the power to promote public interest in and understanding of the plan and, to that end, may publish and distribute copies of the plan or of any report and may employ such other means of publicity and education as it may determine. Members of the Commission, when duly authorized by the Commission, may attend city planning conferences or meetings of city planning institutes or hearings upon pending city planning legislation, and the Commission may, by resolution spread upon its minutes, pay the reasonable traveling expenses incident to such attendance; provided, however, that the City Council has appropriated the necessary funds attendant thereto. The Commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and with citizens with relation to the protecting of or carrying out the plan. The Commission shall have the right to accept and use gifts for the exercise of its functions. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examination and surveys and place and maintain necessary monuments and marks thereon. In general, the Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry out the purposes of this chapter.[1]
Editor's Note: Former § 45-12, Succession of prior Commission, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Whenever the Planning Commission shall have adopted that sort of a Master Plan relating to the major street system of the territory within its subdivision, jurisdiction or part thereof and shall have filed a certified copy of such plan in the office of the County Register of Deeds of the county in which such territory or part is located, then no plat of a subdivision of land within such territory or part shall be filed or recorded until it shall have been approved by such Planning Commission and such approval entered in writing on the plat by the Chair or Secretary of the Commission.
Before exercising the powers referred to in § 45-12, the Planning Commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the Master Plan, for adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air and for the avoidance of congestion of population, including minimum width and area of lots. Such regulations may include provisions as to the extent to which streets and other ways 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 the plat. The regulations or practice of the Commission may provide for a tentative approval of the plat previous to such installation, but any such tentative approval shall be revocable and shall not be entered on the plat. In lieu of the completion of such improvements and utilities prior to the final approval of the plat, the Commission may accept a bond with surety to secure to the municipality the actual construction and installation of such improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the Commission. The municipality shall have the power to enforce such bond by all appropriate legal and equitable remedies.
All such regulations shall be published as provided by law for the publication of ordinances, and before adoption a public hearing shall be held thereon. A copy thereof shall be certified by the Commission to the recorders of the counties in which the municipality and territory are located. Ordinance No. 465 of the city, effective May 31, 1960, is deemed to provide the regulations and standards required above.[1]
Editor's Note: See Ch. 294, Subdivision of Land.
The Planning Commission shall approve, modify or disapprove a plat within 60 days after the submission thereof to it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the Commission on demand; provided, however, that the application for the Commission's approval may waive this requirement and consent to an extension of such period. The ground of disapproval of any plat shall be stated upon the records of the Commission. Any plat submitted to the Commission shall contain the name and address of a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the Commission without affording a hearing thereon. Notice of the time and place of such hearing shall be sent to the said address by registered mail not less than five days before the date fixed therefor. Similar notices shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the County Register of Deeds office, or addressographed office, and their addresses appear in the directory of the municipality or on the tax records of the municipality or county. Every plat approved by the Commission shall, by virtue of such approval, be deemed to be an amendment of or an addition to or a detail of the municipal plan and a part thereof. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. The Planning Commission may, from time to time, recommend to the Council amendments to the Zoning Ordinance or Map or additions thereof to conform to the Commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions. The Commission shall have the power to agree with the applicant upon use, height, area or bulk requirements or restrictions governing buildings and premises within the subdivision, provided that such requirements or restrictions do not authorize a violation of the then effective Zoning Ordinance of the municipality. Such requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force of law and shall be enforceable in the same manner and with the same sanctions and penalties and subject to same power of amendment or repeal as those set out as a part of the Zoning Ordinance or Map of the municipality.Editor's Note: See Ch. 370, Zoning.