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Leroy Township City Zoning Code

ARTICLE XXIV

PLANNING COMMISSION RESPONSIBILITIES12


Footnotes:
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State Law reference— Michigan planning enabling act, MCL 125.3801 et seq.


Sec. 38-732.- Establishment; powers and duties.

The township planning commission heretofore created in accordance with Public Act No. 285 of 1931, is hereby continued pursuant to sections 11 and 81 of Public Act No. 33 of 2008 (MCL 125.3811 and MCL 125.3881). The commission shall have all of the powers and shall be charged with all of the duties set forth in Public Act No. 33 of 2008 (MCL 125.3801 et seq.). The commission shall further have all the powers and duties now or hereafter conferred upon such commissions by the law of the state.

Sec. 38-733. - Membership; compensation; other offices.

(a)

The planning commission shall consist of seven members appointed by the township supervisor, subject to the approval by a majority vote of the township board elected and serving. One member of the township board or the township supervisor, or both, may be appointed to the planning commission, as ex officio members. Except as provided in this subsection, an elected officer of the township or employee of the township is not eligible to be a member of the planning commission.

(b)

The term of an ex officio member of the planning commission shall be as follows:

(1)

The term of the township supervisor shall correspond to his term as supervisor.

(2)

The term of a member of the township board shall expire with his term on the board.

(c)

Members of the planning commission other than ex officio members shall be appointed for three-year terms or until his successor takes office.

(d)

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 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 territory of the township to the extent practicable.

(e)

Members of the planning commission 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.

(f)

Members of the planning commission may be compensated if so determined by the township board.

Sec. 38-734. - Removal of members; conflict of interest.

(a)

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.

(b)

Before casting a vote on a matter upon 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 voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the planning commission.

(c)

Failure of a member to disclose a potential conflict of interest as required by this section constitutes a malfeasance of office.

(d)

The planning commission shall define conflict of interest in its bylaws.

Sec. 38-735. - Vacancies.

Vacancies occurring other than through the expiration of term shall be filled for the unexpired term in the same manner as provided for in original appointment.

Sec. 38-736. - Chairperson; meetings; rules; records; bylaws; annual report.

The planning commission shall elect a chairperson, vice chairperson and secretary from its members and 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 officer shall be one year, with opportunity for reelection as specified in bylaws adopted by the planning commission. The planning commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. The planning commission shall also make an annual written report to the township board concerning its operations and the status of planning activities, including recommendations regarding actions by the township board related to planning and development. The commission shall hold not less than four regular meetings each year, and by resolution shall determine the time and place of the meetings. It shall adopt rules for the transaction of business set out in its bylaws.

Sec. 38-737. - Preparation and adoption of master plan.

(a)

The planning commission shall make and approve a master plan as a guide for development within the township subject to MCL 125.3881. The planning commission may include any areas outside the township boundaries that, in the planning commission's judgment, are related to the planning of the township.

(b)

In the preparation of the master plan, the planning commission shall do all of the following, as applicable:

(1)

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.

(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, public transportation agencies, and other public agencies concerned with programs for economic, social, and physical development within the planning jurisdiction and seek the maximum coordination of the township's programs with these agencies.

Sec. 38-738. - Additional duties.

The planning commission shall:

(1)

Promptly make records available to the freedom of information coordinator in response to a request under the freedom of information act, Public Act No. 442 of 1976 (MCL 15.231 et seq.) in order to permit the freedom of information coordinator to timely respond to a request.

(2)

Review plans submitted by the township board for public infrastructure improvements for compliance with the future land use plan.

(3)

Make recommendations to the township board regarding:

a.

Zoning text amendments.

b.

Zoning district changes.

c.

Conditional use permits.

d.

Any other matter as specified in this chapter.

e.

Any other matters as referred to the planning commission by the township board, including review of subdivisions and other land uses regulated under a board ordinance.