This Ordinance is adopted pursuant to the authority granted the Township Board under the Michigan Planning Enabling Act, 2008 PA 33, MCL 125.3801 et seq., and the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et seq., to establish a Planning Commission with the powers, duties and limitations provided by those Acts and subject to the terms and conditions of this Ordinance any future amendments to this Ordinance (MCL 125.3811 and MCL 125.3883).

(Ord. No. 149, 7-11-11)

The Township Board hereby confirms the establishment of the Pavilion Township Planning Commission under the Michigan Planning Enabling Act, 2008 PA 33, MCL 125.3801 et seq., as successor to the Pavilion Township Planning Commission with zoning authority, formerly established under the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et seq., and the Township Planning Act, 1959 PA 168, MCL 125.321 et seq. The Pavilion Township Planning Commission shall have 7 members. Members of the Pavilion Township Planning Commission, as of the effective date of this Ordinance, shall, except for an ex officio member whose term on the Planning Commission shall be limited to his or her term on the Township Board, continue to serve for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for Planning Commission membership set forth within the Michigan Planning Enabling Act, 2008 PA 33, MCL 125.3801 et seq (MCL 125.3811, MCL 125.3815 and MCL 125.3881).

(Ord. No. 149, 7-11-11)

The Township Supervisor, with the approval of the Township Board by a majority vote of the members elected and serving, shall appoint all Planning Commission members, including the ex officio member (MCL 125.3815).

The Planning Commission members, other than an ex officio member, shall serve for terms of 3 years each (MCL 125.3815).

A Planning Commission member shall hold office until his or her successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as the original appointment (MCL 125.3815).

Planning Commission members 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. The membership of the Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educations, and social development of the Township, in accordance with the 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 geography of the Township (MCL 125.3815).

One member of the Township Board shall be appointed to the Planning Commission as an ex officio member (MCL 125.3815).

An ex officio member has full voting rights. An ex officio member's term on the Planning Commission shall expire with his or her term on the Township Board (MCL 125.3803 and MCL 125.3815).

No other elected Officer or employee of the Township is eligible to be a member of the Planning Commission (MCL 125.3815).

Except for the ex officio member, all members shall continue to serve as a member until their successor is appointed and qualified to serve. Subsequently, members shall be appointed to fill vacancies or upon the termination of their term by the Township Supervisor, subject to approval by a majority vote of the members of the Township Board elected and serving.

(Ord. No. 149, 7-11-11)

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 (MCL 125.3815).

(Ord. No. 149, 7-11-11)

Before casting a vote on a matter on which a Planning Commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. Failure of a member to disclose a potential conflict of interest as required by this Ordinance constitutes malfeasance in office (MCL 125.3815).

For the purposes of this Section, the Planning Commission shall define "conflict of interest" in its By-Laws.

(Ord. No. 149, 7-11-11)

The Planning Commission members may be compensated for their services as provided by Township Board Resolution. The Planning Commission may request from the Township Board compensation and expenses of its members for travel and registration when engaged in the performance of official activities authorized by the Township Board, including, but not limited to, attendance at conferences, workshops, educational and training programs, meetings and inspections (MCL 125.3823).

(Ord. No. 149, 7-11-11)

The Planning Commission shall elect a Chairperson, Vice Chairperson and a Secretary from its members and may 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 office shall be 1 year, with opportunity for re-election as specified in the Planning Commission By-Laws (MCL 125.3817).

The Planning Commission may also appoint advisory committees from its membership or who are not members of the Planning Commission (MCL 125.3817).

(Ord. No. 149, 7-11-11)

The Planning Commission shall adopt By-Laws for the transaction of business (MCL 125.3819).

The Planning Commission shall hold at least 4 regular meetings each year and shall, by Resolution, determine the time and place of the meetings.

Unless otherwise provided in the Planning Commission's By-Laws, a special meeting of the Planning Commission may be called by the Chairperson or by 2 other members upon written request to the Secretary. Unless the By-Laws otherwise provide, the Secretary shall send written notice of a special meeting to Planning Commission members at least 48 hours before the meeting (MCL 125.3821). The foregoing notice is not required where the special meeting is determined and scheduled at a regular meeting of the Commission, except for notice to members absent from the regular meeting.

The business that the Planning Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 et seq. (MCL 125.3821).

The Planning Commission shall keep a public record of its Resolutions, transactions, findings and determinations. A writing prepared, owned, used, in the possession of or retained by the Planning Commission in the performance of its official functions shall be made available to the public in compliance with the Freedom of Information Act, 1976 PA 442, MCL 15.231 et seq. (MCL 125.3819 and MCL 125.3821).

(Ord. No. 149, 7-11-11)

The Planning Commission shall make an annual written report to the Township Board concerning its operations and the status of its planning activities, including recommendations regarding actions by the Township Board related to planning and development (MCL 125.3819).

(Ord. No. 149, 7-11-11)

Under the authority of the Michigan Planning Enabling Act, 2008 PA 33, MCL 125.3801 et seq., and other applicable planning statutes, the Planning Commission shall make a Master Plan as a guide for development within the Township's planning jurisdiction (MCL 125.3807 and MCL 125.3831) and submit its proposed plan to the Township Board for adoption (MCL 125.3843).

Final authority to approve a Master Plan or any amendments thereto shall rest with the Township Board. The existing Master Plan for the Township shall be the Township's Master Plan until amended by Planning Commission recommendation and adoption by the Township Board (MCL 125.3843).

(Ord. No. 149, 7-11-11)

The Township Board hereby confirms the transfer of all powers, duties and responsibilities provided for Zoning Boards or Zoning Commissions by the former Township Zoning Act, 1943 PA 184, MCL 125.271 et seq.; the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et seq.; or other applicable zoning statutes, to the Pavilion Township Planning Commission with zoning authority, formerly established under the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et seq., and the Township Planning Act, 1959 PA 168, MCL 125.321 et seq.

Any existing Zoning Ordinance shall remain in full force and effect until otherwise amended or repealed by the Township Board.

(Ord. No. 149, 7-11-11)

To further the desirable future development of the Township under the Master Plan, the Planning Commission shall annually prepare recommendations to the Township Board of public structures and improvements, in general order of their priority, for the following 6 year period. The Commission shall, at least every 5 years after adoption of the Township Master Plan, review the Plan to determine whether it is advisable to commence procedures to amend the Plan or adopt a new Plan (MCL 125.3845).

(Ord. No. 149, 7-11-11)

The Planning Commission may recommend to the Township Board provisions of an Ordinance or rules governing the subdivision of land. Before recommending such an Ordinance or rule, the Planning Commission shall hold a public hearing on the proposed Ordinance or rule. 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 Township (MCL 125.3871).

The Planning Commission shall review and make recommendations on any proposed plat before action thereon by the Township Board under the Land Division Act, 1967 PA 288, MCL 560.101 et seq. Before making its recommendation, the Planning Commission shall hold a public hearing on the proposed plat. 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 a newspaper of general circulation in the Township. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land (MCL 125.3871). The Planning Commission shall have 63 days from receipt of the plat to issue its recommendation of approval, approval with conditions or disapproval; in default of which it shall be considered approval.

Approval or disapproval of a proposed division, other than a plat, shall be made by the Township Assessor in accordance with the Land Division Act, 1967 PA 288, MCL 560.101 et seq.

(Ord. No. 149, 7-11-11)

All other Ordinances or parts thereof in conflict herewith are hereby repealed and shall be of no further force and effect.

(Ord. No. 149, 7-11-11)

Any and all sections, terms, provisions and/or clauses herein shall be deemed independent and severable. Should any court of competent jurisdiction hold any section, term, provision or clause void and/or invalid, all remaining sections, terms, provisions and/or clauses not held void and/or invalid shall continue in force and effect.

(Ord. No. 149, 7-11-11)

This Ordinance shall take effect on the date of its publication following its adoption by the Township Board (MCL 42.22). Nunc Pro Tunc to 7/1/2011.

(Ord. No. 149, 7-11-11)