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Bath Township City Zoning Code

ARTICLE XXIII

TOWNSHIP PLANNING COMMISSION11


Footnotes:
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Editor's note— Ord. No. 65, §§ 1—6, 8, adopted June 20, 2011, repealed the former Art. XXIII., § 23.01, and enacted a new Art. XXIII as set out herein. The former Art. XXIII pertained to township planning commission: planning and zoning authority and derived from Ord. No. 31.37, § 22, 4-19-2010.


Sec. 23.01.- Membership, term of office, vacancy, removal and officers.

A.

Appointment. The Bath Charter Township planning commission shall consist of seven members who shall be appointed by the township Supervisor, subject to approval of a majority of the members of the township board elected and serving. Members of the planning commission shall be representative of important segments of the community which exist at the time of appointment, such as agricultural, natural resources, recreation, education, public health, government, transportation, industry and commerce. Membership shall, to the extent practicable, be representative of the entire geography of the township. Members of the planning commission shall be qualified electors of the township, except as may be otherwise permitted by Section 15 of the Planning Enabling Act. One member of the township board shall be appointed to the Planning Commission as an ex officio member. The term of the ex officio member shall expire with his or her term of office on the township board. All other members shall be appointed for three year terms, and if a vacancy occurs the vacancy shall be filled for the unexpired term in the same manner as provided for the original appointment. In addition, a member shall hold office until his or her successor is appointed and existing members of the planning commission existing as of the date of the ordinance from which this article is derived shall continue for their individual terms of appointment.

B.

Removal. The township board may remove a member of a planning commission for misfeasance, malfeasance or nonfeasance in office upon written charges and after public hearing.

C.

Term. The planning commission shall elect a chairperson and secretary from its members and create and fill other officers as it deems appropriate. Officers of the planning commission existing as of the date hereof shall continue in office for the remainder of their term. The ex officio member of the planning commission is not eligible to serve as chairperson, and the term of each officer shall be one year, and said person shall be eligible for reelection to said office unless otherwise prohibited by the planning commission bylaws.

(Ord. No. 65, § 1, 6-20-2011)

Sec. 23.02. - Bylaws, record keeping and annual report.

The planning commission shall adopt bylaws relating to the transaction of planning commission business and proceedings, and shall create and maintain a public record of its resolutions, transactions, findings and determinations. An annual report shall be made to the township board concerning its proceedings, operations, activities and the status of planning activities, including recommendations regarding potential activities by the township board relating to planning and development. Planning commission records shall be made available pursuant to the Michigan Freedom of Information Act (MCL 15.231 et seq.). Bylaws previously adopted by the Bath Charter Township Planning Commission shall continue in full force and effect until amended subsequent hereto.

(Ord. No. 65, § 2, 6-20-2011)

Sec. 23.03. - Meetings.

The planning commission by resolution shall determine the time and place of regular meetings (not less than four meetings annually) to be held throughout the year. Special meetings may be called by the chairperson or by two other members, unless the bylaws direct otherwise. Requests for a special meeting shall be made in writing to the planning commission secretary and, unless the bylaws provide otherwise, written notice of the special meeting shall be sent by the secretary to planning commission members by first class mail, or personally left at the members' home address not less than 48 hours before the meeting date and time. Further, all business of the planning commission shall be conducted at a public meet, subject to the requirements of the Michigan Open Meetings Act (MCL 15.261 et seq.). Public notice of regular and special Planning commission meetings shall be given as provided in that Act.

(Ord. No. 65, § 3, 6-20-2011)

Sec. 23.04. - Compensation; expense reimbursement.

Compensation paid to planning commission members shall be pursuant to a resolution adopted from time to time by the township board. Reimbursable expenses to planning commission members shall be as provided by the policy of the municipality relating to such reimbursement to other municipal officials and staff, if any.

(Ord. No. 65, § 4, 6-20-2011)

Sec. 23.05. - Duties.

The planning commission shall perform the duties and functions required and allowed by the Michigan Planning Enabling Act and the Michigan Zoning Enabling Act, including adoption of and amendments to a master plan as defined by Section 3 of the Planning Enabling Act (MCL 125.3803); conducting public meetings, making recommendations and taking actions required in connection with zoning proceedings pursuant to the Michigan Zoning Enabling Act and the township zoning ordinance; approving construction, location of streets, squares, parks, playgrounds, public ways, grounds, open space, public buildings or structures within the municipality in accordance with the procedures specified in the Planning Enabling Act, Section 63 (MCL 135.3863); unless exempted by the township board, the planning commission shall prepare and amend a capital improvement program related to public improvements and structures. The capital improvement program shall be prepared showing the items required by Section 65 of the Planning Enabling Act (MCL 125.3865) and subject to its exemptions; the planning commission shall also review and make recommendations concerning proposed plats within the township. The planning commission may also make recommendations concerning land division rules, if said function has been reserved to another agency by ordinance.

(Ord. No. 65, § 5, 6-20-2011)

Sec. 23.06. - Gifts and donations.

Gifts and donations for furtherance of or in connection with the work activities and function of the planning commission shall be made to the township for said purpose. Such a gift or donation may be accepted or refused, in the discretion of the township board. A gift of money which is so accepted by the municipality shall be deposited with the treasurer of the municipality in a special non-reverting planning commission fund for expenditures by the planning commission for the purpose designated by the donor. The municipal treasurer shall draw a warrant against the special non-reverting fund only upon receipt of a voucher signed by the chairperson and secretary of the planning commission and an order drawn by the clerk of the township for that purpose. Expenditures of the planning commission exclusive of gifts and grants shall be within the amounts appropriated by the township board for the performance of the planning commission's functions.

(Ord. No. 65, § 6, 6-20-2011)