(A)   The Charter Township of Montrose Planning Commission, as created under a planning act repealed under Section 85 of Public Act 33 of 2008, provides for the continuation of the Planning Commission and shall perform all of the duties of the Commission in accordance with the Michigan Planning Enabling Act.

   (B)   The chief elected official (Township Supervisor) shall appoint members of the Planning Commission, subject to approval by a majority vote of the members of the legislative body elected and serving.

   (C)   The Planning Commission shall consist of 7 members and, other than the ex officio members, shall be appointed for 3-year terms.

      (1)   However, of the members of the Planning Commission, other than ex officio members, first appointed, a number shall be appointed to 1-year or 2-year terms such that, as nearly as possible, the terms of 1/3 of all the Planning Commission members will expire each year.

      (2)   If a vacancy occurs, it shall be filled for the unexpired term in the same manner as provided for an original appointment.

      (3)   A member shall hold office until his or her successor is appointed.

   (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 local unit of government, in accordance with the major interests as they exist in the local unit of government, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire geography of the local unit of government to the extent practicable.

   (E)   Members of the Planning Commission shall be qualified electors of the local unit of government, except that 1 of Planning Commission members may be an individual who is not a qualified elector of the local unit of government.

   (F)   Being created under PA 285 of 1931, as amended, the Planning Commission may have 1 member of the legislative body or the chief elected official, or both, appointed to the Planning Commission as ex officio members.

      (1)   In any other township, 1 member of the legislative body shall be appointed to the Planning Commission as an ex officio member.

      (2)   Except as provided in this division, an elected officer or employee of the local unit of government is not eligible to be a member of the Planning Commission.

      (3)   The term of an ex officio member of the Planning Commission shall be as follows:

         (a)   The term of a chief elected official shall correspond to his or her term as chief elected official.

         (b)   The term of a member of the legislative body shall expire with his or her term on the legislative body.

   (G)   Upon written charges and after a public hearing, the legislative body may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office.

      (1)   Before 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.

      (2)   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.

      (3)   Failure of a member to disclose a potential conflict of interest as required by this division constitutes malfeasance in office.

      (4)   Unless the legislative body, by ordinance, defines conflict of interest for the purposes of this division, the planning commission shall do so in its bylaws.

   (H)   The Planning Commission shall elect a Chairperson and Secretary from its members, and create and fill other offices as it considers advisable.

      (1)   An ex officio member of the Planning Commission is not eligible to serve as Chairperson.

      (2)   The term of each officer shall be 1 year, with opportunity for reelection as specified in bylaws adopted under division (G).

   (I)   With approval of the Township Board, the Planning Commission may appoint advisory committees whose members are not members of the Planning Commission.

   (J)   The Planning Commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

   (K)   The Planning Commission shall make an annual written report to the legislative body concerning its operations and the status of planning activities, including recommendations regarding actions by the legislative body related to planning and development.

   (L)   The Planning Commission shall hold monthly meetings, and by resolution shall determine the time and place of the meetings.

      (1)   Unless the bylaws provide otherwise, a special meeting of the Planning Commission may be called by the Chairperson or by 2 other members, upon written request to the Secretary.

      (2)   Unless the bylaws provide otherwise, the Secretary shall send written notice of a special meeting to Planning Commission members not less than 48 hours before the meeting.

   (M)   The business that the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open Meetings Act, 1976 PA 267, M.C.L.A. §§ 15.261 through 15.275. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by that act.

   (N)   A writing prepared, owned, used, in the possession of, or retained by the Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, 1976 PA 442, M.C.L.A. § 15.231 through 15.246.

   (O)   (1)   Members of the Planning Commission may be compensated for their services as provided by the legislative body.

      (2)   The Planning Commission may adopt bylaws relative to compensation and expenses of its members and employees for travel, when engaged in the performance of activities authorized by the legislative body, including but not limited to, attendance at conferences, workshops, educational and training programs, and meetings.

   (P)   After preparing the annual report required under Section 19 of Public Act 33 of 2008, the Planning Commission may prepare a detailed budget, and submit the budget to the legislative body for approval or disapproval. The legislative body annually may appropriate funds for carrying out the purposes and functions permitted under this act, and may match local government funds with federal, state, county, or other local government or private grants, contributions, or endowments.

   (Q)   The Planning Commission may not accept gifts for the exercise of its functions.

   (R)   A local unit of government may employ a planning director and other personnel as it considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the legislative body. This authority shall be exercised by the legislative body, unless a charter provision or ordinance delegates this authority to the Planning Commission or another body or official. The appointment of employees is subject to the same provisions of law as govern other corresponding civil employees of the local unit of government.

   (S)   For the purposes of this act, the Planning Commission may make use of maps, data, and other information and expert advice provided by appropriate federal, state, regional, county, and municipal officials, departments, and agencies. All public officials, departments, and agencies shall make available public information for the use of planning commissions, and furnish such other technical assistance and advice as they may have for planning purposes.

   (T)   In cases where the Planning Commission is required to recommend or approve certain use of premises under the provisions of this chapter, the applicant shall comply with the provisions of §§ 153.230 through 153.232, and all other applicable provision of the Zoning Code as may be reasonable required by the Commission for the proper consideration of the matter.

(Ord. 99, passed 11-18-1996, §25.06; Am. Ord. 174, passed 11-10-2008)

   (A)   The Township Board may, after a public hearing by the Township Planning Commission, amend the regulations or the district boundaries of this chapter pursuant to the authority and according to the procedures set forth in Public Act 110 of 2006, as amended.

   (B)   Proposed amendments to the regulations or district boundaries of this chapter may be initiated by the Township Planning Commission, Township Board, or an individual petitioner.

   (C)   Whenever an individual petitioner requests a zoning amendment, he or she shall be the fee owner of the premises concerned, or else have the fee owner subscribed to his or her petition, and shall submit a petition for rezoning to the Township Clerk.

   (D)   Any applicant desiring to have any change made in this chapter shall, with his or her petition for the change, deposit a fee as established by the Township Board with the Township Treasurer at the time that the petition is filed to cover the costs of processing the petition.

   (E)   The notice shall include a description of the nature of the request, indicate the property that is the subject of the request by street address, state when and where the request will be considered and indicate when and where written comments can be received. The notice shall also include the places and times at which the tentative text and any maps of this chapter may be examined. The Township Board shall comply with the notice requirements for public hearings continued in § 153.427 herein.

   (F)   Prior to making a decision at the next regularly scheduled Board of Trustees meeting, the Board of Trustees must provide a hearing to any person requesting it that owns property or is a resident within 300 feet of the subject parcel, regardless of municipal boundaries. The Board of Trustees shall consider the proposed amendment and may take the following actions on a zoning amendment.

      (1)   Approve the proposed amendment by a majority vote;

      (2)   Deny the request by a majority vote;

      (3)   Hold a public hearing on the matter before reaching a decision; and/or

      (4)   Consider changes to the proposed amendment.

   (G)   Following adoption of the zoning amendment, 1 notice of adoption shall be published in a newspaper of general circulation in the township within 15 days of adoption. The notice shall include:

      (1)   A summary of the regulatory effect of the amendment or the actual text of the amendment; and

      (2)   The place and time where a copy of the ordinance may be purchased or inspected.

   (H)   The Zoning Ordinance or ordinance amendment takes effect 7 days after publication.

(Ord. 99, passed 11-18-1996, § 25.08; Am. Ord. 157, passed 7-17-2007 )

   (A)   All zoning applications, amendment applications, special land use applications, appeal or variance applications or other approvals requiring a public hearing notice, as required by this chapter and/or Public Act 110 of 2006, Public Act 12 of 2008 and Public Act 33 of 2008, shall be published once in a newspaper of general circulation, not less than 15 days before the date of the public hearing meeting at which the application will be considered. In addition to the newspaper public notice, the notice must also be sent by mail or personal delivery to the following:

      (1)   Owners of property for which the approval or appeal is being considered;

      (2)   All persons to whom real property is assessed with 300 feet of the property (regardless of whether the property or occupant is located in the township);

      (3)   Occupants of all structures within 300 feet of the property (regardless of whether the property or occupant is located in the township). If the name of the occupant is not known, the term "occupant" may be used;

      (4)   If a single structure contains multiple dwelling units exceeding 4 units or other distinct occupied areas, owned or leased by different persons, a notice may be mailed to the manager or owner of the structure/property, who shall be requested to post the notice at the primary entrance of the structure; and

      (5)   To the persons(s) requesting an interpretation or an appeal from the Zoning Board of Appeals or a temporary use from the Planning Commission.

   (B)   Notices shall include, but not be limited to, the following items:

      (1)   Describing the nature of the request;

      (2)   Stating the time, date, and place of the meeting;

      (3)   Indicating the property that is the subject of the request;

      (4)   Listing all existing street addresses within the property. In lieu of street address, other means of identification, such as a parcel's identification number, may be used.

      (5)   Indicating when and where written comments will be received concerning the request or application.

(Ord. 157, passed 7-17-2007, § 25.14; Am. Ord. 174, passed 11-10-2008)

   (A)   The Planning Commission shall make and approve a master plan as a guide for development within the planning jurisdiction subject to the provision of Public Act 33 of 2008.

   (B)   In preparing a 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 township, with due regard to its relation to neighboring jurisdictions.

      (2)   Consult with representatives of adjacent local units of government with 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 within the township, and seek the maximum coordination of the local unit of government's programs with these agencies.

   (C)   In preparing the master plan, the Planning Commission may meet with other governmental planning commissions or agency staff to deliberate.

   (D)   In general, the Planning Commission has such lawful powers as may be necessary to enable it to promote local planning and otherwise carry out the purposes of this act.

   (E)   A master plan shall address land use and infrastructure issues, and may project 20 years or more into the future. A 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 township.

   (F)   A master plan shall also include those of the following subjects that reasonably can be considered as pertinent to the future development of the township:

      (1)   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.

      (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)   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.

      (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)   If the township’s master plan 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 municipality.

   (G)   The Planning Commission may, by a majority vote of its 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.

   (H)   The master plan shall be adopted under the procedures set forth in this section and Public Act 33 of 2008. A master plan may be adopted as a whole, or by successive parts corresponding with major geographical areas of the township, or with functional subject matter areas of the master plan.

   (I)   Before preparing a master plan, the Planning Commission shall send to all of the following, by first-class mail or personal delivery, a notice explaining that the Planning Commission intends to prepare a master plan and requesting the recipient's cooperation and comment:

      (1)   To each municipality located within or contiguous to the local unit of government.

      (2)   To the County Planning Commission.

      (3)   To each public utility company and railroad company owning or operating a public utility or railroad within the local unit of government, and any government entity that registers its name and mailing address for this purpose with the Planning Commission.

      (4)   If the master plan includes a master street plan, the County Road Commission and the State Transportation Department.

   (J)   A submittal of the master plan to an entity described in division (I) above may be made by personal or first-class mail delivery of a hard copy or by electronic mail.

      (1)   However, the Planning Commission preparing the plan shall not make such submittals by electronic mail unless, in the notice described in division (I), the Planning Commission states that it intends to make such submittals by electronic mail, and the entity receiving that notice does not respond by objecting to the use of electronic mail.

      (2)   Electronic mail may contain a link to a website on which the submittal is posted, and which is accessible to the public free of charge.

   (K)   After preparing a proposed master plan, the Planning Commission shall submit the proposed master plan to the legislative body for review and comment. The process of adopting a master plan shall not proceed further unless the legislative body approves the distribution of the proposed master plan.

   (L)   If the Township Board approves the distribution of the proposed master plan, it shall notify the Secretary of the Planning Commission, who shall submit a copy of the proposed master plan, for review and comment, to all of the following:

      (1)   To each municipality located within or contiguous to the local unit of government.

      (2)   To the County Planning Commission.

      (3)   To each public utility company and railroad company owning or operating a public utility or railroad within the local unit of government, and any government entity that registers its name and mailing address for this purpose with the Planning Commission.

      (4)   If the master plan will include a master street plan, the County Road Commission and the State Transportation Department.

   (M)   Before approving a proposed master plan, the Planning Commission shall hold not less than 1 public hearing on the proposed master plan.

      (1)   The hearing shall be held after the expiration of the deadline for comments.

      (2)   The Planning Commission shall give notice of the time and place of the public hearing, not less than 15 days before the hearing, by publication in a newspaper of general circulation within the local unit of government.

      (3)   The Planning Commission shall also submit notice of the public hearing in the same manner to each entity described in division (I).

   (N)   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 its members.

      (1)   The resolution shall refer expressly to the maps and descriptive and other matter intended by the Planning Commission to form the master plan.

      (2)   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.

      (3)   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 legislative body.

   (O)   Approval of the proposed master plan by the Planning Commission is the final step for adoption of the master plan, unless the legislative body by resolution has asserted the right to approve or reject the master plan.

      (1)   In that case, after approval of the proposed master plan by the Planning Commission, the legislative body shall approve or reject the proposed master plan.

      (2)   A statement recording the legislative body's approval of the master plan, signed by the clerk of the legislative body, 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.

   (P)   If the legislative body rejects the proposed master plan, the legislative body shall submit to the Planning Commission a statement of its objections to the proposed master plan.

      (1)   The Planning Commission shall consider the legislative body's objections and revise the proposed master plan so as to address those objections.

      (2)   The procedures provided in these provisions shall be repeated until the legislative body approves the proposed master plan.

   (Q)   Upon final adoption of the master plan, the Secretary of the Planning Commission shall submit copies of the adopted master plan to the same entities to which copies of the proposed master plan were required to be submitted.

   (R)   An extension, addition, revision, or other amendment to a master plan shall be adopted by following the same procedure as approval for the original master plan, subject to all of the following:

      (1)   Any of the following amendments to a master plan may be made without following the same approval procedure for the master plan:

         (a)   A grammatical, typographical, or similar editorial change.

         (b)   A title change.

         (c)   A change to conform to an adopted plat.

      (2)   Subject to division (1), the review period shall be 42 days.

      (3)   When the Planning Commission sends notice to an entity that it intends to prepare a sub-plan, the notice may indicate that the local unit of government intends not to provide that entity with further notices or copies of proposed or final sub-plans otherwise required to be submitted to that entity. Unless the entity responds that it chooses to receive notice of sub-plans, the local unit of government is not required to provide further notice of sub-plans to that entity.

   (S)   At least every 5 years after adoption of the township's master plan, the 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.

   (T)   Notwithstanding, the Planning Commission shall comply with the requirements of Public Act 33 of 2008.

   (U)   To promote public interest in, and understanding of, the township's master plan, the Planning Commission may publish and distribute copies of the master plan or of any report, and employ other means of publicity and education.

   (V)   The Township Planning Commission shall consult with and advise public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens concerning the promotion or implementation of the master plan.

(Ord. 174, passed 11-10-2008)

   (A)   Any violation of any provision of this chapter or any permit, license or exception granted hereunder, or any lawful order of the administrative official, Board of Appeals or the Township Board issued in pursuance of this chapter shall be deemed a civil infraction.

   (B)   Any person, firm, or corporation violating any of the provisions of the Charter Township of Montrose's Zoning Code shall be responsible for a municipal civil fraction and be subject to the following civil fines, in addition to any equitable relief as may be ordered by a court of competent jurisdiction:

   (C)   In addition to the penalty provided in division (A) above, any condition caused or permitted to exist in violation of the provisions of this code, or any ordinance, shall be deemed a new and separate offense for each day that the condition continues to exist.

(Ord. 99, passed 11-18-1996, § 22.28; Ord. 99, passed 11-18-1996, § 22.29; Ord. 99, passed 11-18-1996, § 22.30; Am. Ord. 116, passed 1-18-1999; Am. Ord. 117, passed 1-18-1999; Am. Ord. 118, passed 3-15-1999; Am. Ord. 21-005-153.99, passed 9-21-2021)