The Planning Commission as created under and pursuant to prior law is hereby continued under the Michigan Planning Enabling Act (2008 PA 33, MCL 125.3801 et seq.). All words and terms used in this Chapter shall have the meaning set forth in that Act. Should any provisions of this Chapter be inconsistent with the provisions of the Michigan Planning Enabling Act, as amended, or any other applicable law, the provisions of that Act or law shall govern. Also, if this Chapter does not contain applicable provisions of the Michigan Planning Enabling Act, those provisions shall nevertheless apply in relevant circumstances.

A.

The Planning Commission shall consist of nine (9) members, who shall be qualified electors of the City of Grand Rapids. However, in the discretion of the Mayor and the City Commission, one member may be other than a qualified elector of the City as provided for in Section 15(4)(c) of the Michigan Planning Enabling Act (MCL 125.3815(4)(c)). Members shall be representative of important segments of the community, as required under the Michigan Planning Enabling Act, and shall be appointed by the Mayor, subject to approval by a majority vote of the City Commission elected and serving. An elected officer or employee of the City of Grand Rapids is not eligible to be a member of the Planning Commission.

B.

All members of the Planning Commission shall serve as such without compensation. The term of each member shall be three (3) years and shall expire on the first Monday in January on the third year succeeding his or her appointment, or until his or her successor is appointed, whichever is later.

C.

Before participating in or 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 participating and 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 subsection constitutes malfeasance in office. Conflict of interest for purposes of this subsection shall be defined by the Bylaws of the Planning Commission. In any cases of potential conflict of interest not covered by the Bylaws, a member shall consult with and follow the advice of the City Attorney or Assistant City Attorney assigned to advise the Planning Commission.

D.

It shall be the duty of each member to participate in and vote on every matter coming before the Planning Commission for a vote, unless a member is absent from a meeting in which a vote is held or unless a member has a conflict of interest as provided in this Chapter or in the Bylaws. If a member misses a meeting at which one or more matters are tabled, it shall be the duty of that member to review the minutes and ask questions of staff and other members as necessary so that the member is prepared to participate in the discussion and vote on such tabled matters. Failure of a member to vote on a matter at which the member is present and a vote is held shall constitute nonfeasance in office, unless that member has a conflict of interest as provided in this Chapter or in the Bylaws, or unless the member began his or her service on the Planning Commission after a matter was heard and tabled by the Planning Commission.

E.

Members may, upon written charges and after a public hearing, be removed by a majority vote of the City Commission for misfeasance, malfeasance, or nonfeasance in office.

A.

The Planning Commission shall elect its Chair from the appointed members and create and fill such other of its offices as it may determine. The term of Chair shall be one (1) year, with eligibility for reelection. The Planning Commission shall hold at least one (1) regular meeting in each month.

B.

The Planning Commission shall adopt Planning Commission Bylaws to govern the organization and duties of its members, a conflict of interest policy, and rules for the transaction of business. It shall also keep a public record of its resolutions, transactions, findings and determinations.

C.

The Planning Commission shall submit an annual fiscal year report in August of each year to the City Commission concerning its operations, its membership composition, and the status of planning activities, including recommendations regarding actions by the City Commission related to planning and development.

D.

The Planning Commission but not individual members shall have the right to accept and use gifts or grants for the exercise of its functions, as further described in its Bylaws. Except as provided in Section 23(3) of the Michigan Planning Enabling Act, MCL 125.3823(3), the City's procedures shall be followed in accepting and accounting for the use of such gifts or grants.

E.

All City officials and employees shall upon request, furnish to the Planning Commission, within a reasonable time, such available information as it may require for its work.

F.

Planning Commission members, in the performance of their function, may enter upon any land and make examinations; provided, however, that they may enter upon such land only with the permission of the owner or the owner's authorized representative,.

G.

In general, the Planning Commission shall have such powers as may be necessary to fulfill its functions, promote Master Planning, and carry out the purposes of this Chapter.

The City Manager may employ a Planning Director and such employees as he or she considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the City Commission. The appointment, promotion, demotion and removal of the Planning Director and other employees shall be subject to the same provisions of law as govern other corresponding civil employees of this City. The Planning Commission may appoint advisory committees whose members are not members of the Planning Commission. The expenditures of the Planning Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Commission, which shall provide for funds, equipment and accommodations the City Commission determines is necessary for the Planning Commission's work.

A.

The Planning Commission shall make and approve a Master Plan as a guide for development in the City of Grand Rapids. The Master Plan is intended to guide development that is coordinated, adjusted, harmonious, efficient and economical. The Master Plan is intended to reflect the character of the City of Grand Rapids and its suitability for particular uses, and in accordance with present and future needs, best promotes the public health, safety, morals, order, convenience, prosperity, and general welfare of its people.

B.

In the preparation of a Master Plan, the Planning Commission shall do the following, as applicable:

1.

Make careful and comprehensive surveys and studies of present conditions and future growth with due regard to its relation to neighboring jurisdictions.

2.

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.

3.

Cooperate with all departments of the state and federal governments and other public agencies concerned with programs for economic, social, and physical development and seek maximum coordination of the City's programs with these agencies.

C.

The Master Plan shall address land use and infrastructure issues and may project twenty (20) years or more into the future. The Master Plan shall include maps, charts and descriptive, explanatory, and other related matters and shall show the Planning Commission's recommendation for the physical development of the City of Grand Rapids.

D.

A Master Plan shall also include those of the following that are considered pertinent to the future development of the City of Grand Rapids:

1.

A land use plan that, at a minimum, consists of a classification and allocation of land for residences, commerce, industry, recreation, ways and grounds, public buildings, schools, soil conservation, forests, woodlots, open space, wildlife refuges, and other uses and purposes.

2.

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.

3.

Recommendation 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.

4.

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.

5.

Recommendations for implementing the Master Plan proposals.

A.

After preparing the proposed Master Plan, the Planning Commission shall submit the proposed Master Plan to the City Commission for review and comment. The process for adopting the Master Plan shall not proceed further unless the City Commission approves the distribution of the proposed Master Plan.

1.

If the City Commission approves the distribution of the proposed Master Plan, copies shall be distributed to the following, per the requirements of the Michigan Planning Enabling Act, as amended.

a.

Planning Commissions of the City of East Grand Rapids, City of Kentwood, City of Walker, City of Wyoming, Grand Rapids Township, and Plainfield Township.

b.

West Michigan Regional Planning Commission.

c.

Kent County Commission.

d.

Any registered public utility or railroad company operating within the City of Grand Rapids.

2.

Any of the above-cited entities may submit comments on the proposed Master Plan within sixty three (63) days after submission.

B.

Following the expiration of the comment period, the Planning Commission shall hold one (1) or more public hearings on the proposed Master Plan. Notice of the public hearing(s) shall be given at least fifteen (15) days prior to the hearing by publication in the Grand Rapids Press and by mail to the entities identified in Section 5.296.A.1. This notice may be sent with the proposed Master Plan.

C.

Approval of the proposed Master Plan shall be by resolution of the Planning Commission carried by a motion of affirmative votes of not less than six (6) of its members and shall refer to the maps and other material that comprise the Master Plan. Copies shall be submitted to the City Commission.

D.

The City Commission shall approve or reject the proposed Master Plan. If rejected, the City Commission shall submit a statement of its objections to the proposed Master Plan. The Planning Commission shall consider the objections and revise the proposed Master Plan to address those objections. The procedures for adoption of the Master Plan shall be repeated until the City Commission approves the proposed Master Plan.

E.

Upon approval by the City Commission, the Master Plan shall contain copies of the Planning Commission resolution to approve and the City Commission resolution to approve, pursuant to the Michigan Planning Enabling Act. Copies of the adopted Master Plan shall be sent to the entities identified in Section 5.296.A.1. above.

F.

At least every five (5) years, the Planning Commission shall review the Master Plan and determine whether it is necessary to amend the Master Plan or adopt a new Master Plan. This decision shall be recorded in the minutes of the relevant meeting(s) of the Planning Commission. An amendment may cover a functional area of the Master Plan or a geographic area of the City of Grand Rapids.

G.

The Planning Commission may at any time adopt Area Specific Plans, considered subplans under Section 35 of the Michigan Planning Enabling Act, 2008 PA 33, MCL 125.3835, for geographic areas smaller than the entire city.

H.

The adoption of Area Specific Plans and any other amendments to the approved Master Plan shall follow the procedures for Master Plan adoption pursuant to this Chapter and the Michigan Planning Enabling Act. However, pursuant to Section 35 of that Act, MCL 125.3835, approval of such a subplan by the Planning Commission shall only require five (5) affirmative votes of its members, rather than six (6) affirmative votes required to adopt a Master Plan or Master Plan amendment for the entire City.

A street; square, park, playground, public way, ground or other open space; or public building or other structure shall not be constructed or authorized in an area covered by the 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 City Commission or other body having jurisdiction over the authorization or financing of the project and has been approved by the Planning Commission. The Planning Commission shall submit its reasons for approval or disapproval to the body having jurisdiction. If the Planning Commission disapproves, the body having jurisdiction may overrule the Planning Commission by a vote of not less than two-thirds (⅔) of its entire membership. If the Planning Commission fails to act within thirty-five (35) days after submission of the proposal to the Planning Commission, the project shall be considered to be approved by the Planning Commission.

If the opening, widening or extension of a street, or the acquisition or enlargement of any square, park, playground, or other open space has been approved by the Planning Commission and authorized by the City Commission, the City Commission shall not rescind its authorization unless the matter has been resubmitted to the Planning Commission and the rescission has been approved by the Planning Commission. The Planning Commission shall hold a public hearing on the matter. The Planning Commission shall submit its reasons for approval or disapproval of the rescission to the City Commission. If the Planning Commission disapproves the rescission, the City Commission may overrule the Planning Commission by a vote of not less than two-thirds (⅔) of its entire membership (5 votes). If the Planning Commission fails to act within 63 days after submission of the proposed rescission to the Planning Commission, the proposed rescission shall be considered to be approved by the Planning Commission.

A.

The 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 Plan or of any report and may employ such other means of publicity and education as it may determine.

B.

Members of the Planning Commission, when duly authorized by the Planning Commission, may attend Planning conferences, meetings of Planning institutes, or hearings upon pending Planning legislation, provided sufficient City funds are available and authorized to pay reasonable traveling expenses for such attendance.

C.

The Planning 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 with and advise public officials and agencies, public utility companies, civic educational, professional and other organizations, and with citizens with relation to protecting or carrying out the plan.

A.

The Planning Commission may, on its own initiative or upon the request of the City Commission, recommend ordinance provisions governing the subdivision of land under the Land Division Act, 1967 PA 288, as amended, MCL 560.101 et seq., that 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 firefighting 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 conditions precedent to the approval of the plat. Before recommending such regulations to the City Commission, the Planning Commission shall hold a public hearing, of which notice of the time and place shall be published in the Grand Rapids Press at least fifteen (15) days prior to the hearing date.

A.

The Planning Commission shall review and make recommendations on plats before action thereon by the City Commission under Section 112 of the Land Division Act, 1967 PA 288, as amended, MCL 560.112. Prior to taking action on a proposed plat, the Planning Commission shall hold a public hearing. 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 the Grand Rapids Press. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.

B.

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, as amended, MCL 560.101, et seq., and an ordinance or published rules governing the subdivision of land authorized under Section 105 of that Act, MCL 560.105, 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 63-day period. The grounds for any recommendation of disapproval of a plat shall be stated upon the records of the Planning Commission.

C.

A plat approved by the City Commission and recorded under Section 172 of the Land Division Act, 1967 PA 288, MCL 560.172, shall be considered to be an amendment to the Master Plan and a part thereof. Approval of a plat by the City Commission does not constitute an acceptance by the public of any street or other open space shown upon the plat. However, the City Commission may accept any such street or open space by a statement evidencing its clear intent to do so in the resolution approving the plat or in a subsequently adopted resolution.

D.

The Planning Commission may, from time to time, recommend to the City Commission amendment of Chapter 61 Zoning Ordinance to conform to the Planning Commission's recommendations for the zoning regulations of the territory comprised within approved subdivisions.

The City Commission hereby exempts the Planning Commission from the requirement of Section 65(1) of the Michigan Planning Enabling Act, 2008 PA 33, MCL 125.3865(1) to annually prepare a capital improvements program. The City Commission delegates the preparation of the capital improvements program to the City Manager, subject to final approval by the City Commission.