For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CITY COMMISSION. The legislative body of the city.

   COMMISSION. The Planning Commission as provided for in this chapter.

   STREETS. Includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, and other ways.

(1990 Code, § 5.351)

   The City Planning Commission heretofore created pursuant to Public Act 285 of 1931, being M.C.L.A. §§ 125.31 through 125.45, as amended, is continued.

(1990 Code, § 5.352)

   (A)   The Commission shall consist of the Mayor, one of the administrative officials of the city selected by the Mayor, one member of the City Commission to be selected by it, as members ex officio, and six persons, representing insofar as possible different professions or occupations, who shall be appointed by the Mayor subject to the approval of a majority vote of the members elect of the City Commission. All members of the Commission shall serve as such without compensation and the appointed members shall hold no other municipal office except that one of such appointed members may be a member of the Zoning Board of Appeals.

   (B)   The terms of the ex officio members shall correspond to their respective official tenures except that the term of the administrative official selected by the Mayor shall terminate with the term of the Mayor selecting him.

   (C)   The term of each appointed member shall be three years or until his or her successor takes office except that the respective terms of two of the members first appointed shall be for one year and two for two years. Members other than the member selected by the City Commission may, after public hearing, be removed by the Mayor for inefficiency, neglect of duty, or malfeasance in office. The City Commission may for like cause remove the member selected by it. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Mayor in the case of members selected or appointed by him and by the City Commission in the case of the Commission member.

(1990 Code, § 5.353)

   The Commission shall elect its Chairperson from amongst the appointed members and create and fill such other offices as it may determine. The term of the Chairperson shall be for one year, with eligibility for re-election. The Commission shall have at least one regular meeting in each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.

(1990 Code, § 5.354)

   The Commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern corresponding civil employees of the city. The Commission may contract also with city planners, engineers, architects, and such other consultants as it may require. The expenditures of the Commission exclusive of gifts shall be within the amounts appropriated for the purpose by the City Commission, which shall provide the funds and equipment and accommodations necessary for the work of the Commission.

(1990 Code, § 5.355)

   The Commission shall have all powers heretofore granted by law, or the City Charter, to the Zoning Commission in regard to zoning of the city, and all powers and records of the Zoning Commission in regard to zoning of the city shall be transferred to the Commission.

(1990 Code, § 5.362)

   The Commission shall make and adopt a Master Plan for the physical development of the city, including any areas outside of its boundaries which, in the Commission’s judgment, bear relation to the planning of the city. The Plan with the accompanying maps, charts and descriptive matter shall show the Commission’s recommendations for the development of the territory, including among other things, the general location, character and extent of streets, viaducts, bridges, waterways, boulevards, parkways, playgrounds, and open space, the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, or other purposes; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property utilities or terminals; the general location, character, layout and extent of community centers, and neighborhood units; and the general character, extent and layout of the replanning and redevelopment of blighted districts and slum areas; as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises. As the work of making the whole master plan progresses, the Commission may from time to time adopt and publish a part or parts thereof, any such part to cover one or more major sections or divisions of the city, or one or more of the aforesaid or other functional matters to be included in the Plan. The Commission may amend, extend or add to the Plan.

(1990 Code, § 5.356)

   In the preparation of the Plan, the Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city with due regard to its relation to the purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city and its environs, which will with present and future needs best promote safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including among other things, adequate provision for traffic, safety from fire and other dangers, adequate provision for light and air, promotion of the healthful and convenient distribution of the population, promotion of good civic designs, efficient expenditures of public funds, and adequate provision of public utilities and other public requirements.

(1990 Code, § 5.357)

   (A)   The Commission may adopt the Plan as a whole, by a single resolution, or by successive resolutions adopt successive parts of the Plan, such corresponding with major geographical sections or divisions of the city, or with functional subdivisions of the subject matter of the Plan, and may adopt any amendment, or extension thereto, or additions thereto.

   (B)   Before the adoption of the Plan, or any such part, amendment, extension or addition, the Commission shall hold at least one public hearing thereon, notices of the time and place of which shall be given not less than 15 days prior to such hearing by one publication in a newspaper of general circulation in the city and by registered United States Mail to each public utility or railroad company owning or operating any public utility or railroad within the geographical sections or divisions of the city affected.

   (C)   The adoption of the Plan, or any such part or amendment, extension or addition, shall be by resolution of the Commission carried by the affirmative votes of not less than six members of the Commission. The resolution shall refer expressly to the maps and descriptive matter intended by the Commission to form the whole or part of the Plan, and the action taken shall be recorded on the map and Plan and descriptive matter intended by the Commission to form the whole or part of the Plan, and the action taken shall be recorded on the map and Plan and descriptive matter by the identifying signatures of the Chairperson and/or Secretary of the Commission. An attested copy of the Plan or part thereof shall be certified to the City Commission and to the County Register of Deeds.

(1990 Code, § 5.358)

   (A)   Whenever the Commission shall have adopted the Master Plan of the city or of one or more major sections or districts thereof, no street, square, park, or other public way, ground, or open space or public building or structure shall be constructed or authorized in the city in such planned section and district until the location, character and extent thereof shall have been submitted to and approved by the Commission; provided, that in case of disapproval the Commission shall communicate its reasons to the City Commission, which shall have the power to overrule such disapproval by a record vote of not less than two-thirds of its entire membership; provided, however, that if the public way, ground, space, building, structure or utility be one, the authorization or financing of which does not under the law or Charter provisions governing same, fall within the province of the City Commission, then the submission to the Planning Commission shall be by the board, commissioners, or body having such jurisdiction, and the Planning Commission’s disapproval may be overruled by the board, commission or body by a vote of not less than two-thirds of its membership. The failure of the Commission to act within 60 days from and after the date of official submission to the Commission shall be deemed approval.

   (B)   For the purpose of furthering the desirable future developments of the city under the Master Plan, the City Planning Commission, after the Commission shall have adopted a Master Plan, shall prepare co-ordinated and comprehensive programs of public structures and improvements. The Commission shall annually prepare such a program for the ensuing six years, which program shall show those public structures and improvements, in the general order of their priority, which in the Commission’s judgment will be needed or desirable and can be undertaken within the next year period. The above comprehensive coordinated program shall be based upon the requirements of the community for all types of public improvements, and to that end, such agency or department of the city concerned with such improvements shall, upon request, furnish the Commission with lists, plans, estimates of time and cost of public structures and improvements within the purview of such department.

(1990 Code, § 5.359)

   Whenever the City Commission shall have ordered the opening, widening or extension of any street, avenue, or boulevard, or ordered that proceedings be instituted to acquire or enlarge any park, playground, playfield or other public open space, such matter shall not be rescinded until after the matter has been referred back to the Commission for a report and until after a public hearing shall have been held. The City Commission shall have power to overrule the recommendation of the Commission by a vote of not less than two-thirds of its entire membership.

(1990 Code, § 5.360)

   The Commission 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. Members of the Commission, when authorized by the Commission, may attend city planning conferences or meetings, and the Commission may by resolution pay the reasonable traveling expenses incident to such attendance. The Commission shall consult and advise with public officials and agencies, public utilities companies, civic, educational, professional and other organizations and with citizens with relation to the protecting or carrying out of the Plan. The Commission has the right to accept and use gifts for the exercise of its functions. All public officials shall upon request furnish to the Commission within a reasonable time such available information as it may require for its work. The Commission, its members, officers and employees, in the performance of their functions, may enter upon any land, make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry out the purposes of this chapter.

(1990 Code, § 5.362)

   (A)   Approval of plats - street plan. Whenever the Planning Commission shall have adopted that sort of a master plan relating to the major street system of the territory within its subdivision jurisdiction or part thereof and shall have filed a certified copy of such plan in the office of the Register of Deeds of the County in which such territory or part is located, then no plat of a subdivision of land within such territory or part shall be filed or recorded until it shall have been approved by such Planning Commission and such approval entered in writing on the plat by the Chairperson or Secretary of the Commission.

   (B)   Regulations governing subdivision of land. In exercising the powers referred to in division (A) of this section, the Planning Commission shall be governed by all provisions of the city code regulating the subdivision of land.

   The Planning Commission shall approve, modify or disapprove a plat in accordance with Chapter 154 (subdivision regulations). The ground of disapproval of any plat shall be stated upon the records of the Commission. Any plat submitted to the Commission shall contain the name and address of a person to whom notice of a hearing shall be sent, and no plat shall be acted upon by the Commission without affording a hearing thereon. Every plat approved by the Commission shall by virtue of such approval be deemed to be an amendment of or an addition to or a detail of the city plan and a part thereof. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. The Planning Commission may from time to time recommend to the City Commission amendments to Chapter 155 or the Zoning Map or additions thereto to conform to the Commission’s recommendations for the zoning regulations of the territory comprised within approved subdivisions. The Commission shall have the power to agree with the applicant upon the use, height, area or bulk requirements or restrictions governing buildings and premises within the subdivision, provided such requirements or restrictions do not authorize the violation of Chapter 155. The requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as a part of the Zoning Code or Map.

(1990 Code, § 5.365)

   The Commission, after the adoption of a Master Plan, shall have power to make, or cause to be made, and certify to the City Commission from time to time detailed and precise plats, each showing the exact location of the proposed future outside lines of one or more new, extended, or widened streets, avenues, places or other public ways, or of one or more parks, playgrounds, or other public grounds or extensions thereof as shown on such adopted Master Plan. At such times they shall transmit to the City Commission an estimate of the time period within which the land acquisition for public use indicated on the certified plat should be accomplished. The making or certifying of such a plat by the Commission shall not in and of itself constitute or be deemed to constitute the opening and establishment of any street or the taking or acceptance of any land for any of the aforesaid purposes.

(1990 Code, § 5.366)

   The City Commission may by ordinance adopt any such precise plan certified to it by the Commission; provided, that notice of time and place when and where it shall be considered for final passage shall be sent by mail to the record owners of land located within or abutting on the new lines of such proposed streets, ways, places, parks, playgrounds, or other public grounds or extensions thereof designated on the plat. Any modification of such certified plat before passage of the adopting ordinance and any amending ordinance originating in the City Commission shall be submitted to the Commission for its approval; provided, that in case of disapproval the Commission shall communicate its reasons to the City Commission, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. Any plat of a street, park, playground or other public ground certified by the Commission to the City Commission under this chapter shall be deemed approved by the Commission without further submission thereof to the Commission.

(1990 Code, § 5.367)

   Amendments or modifications to such certified plats or additions to the adopted Master Plan may be made and certified to the City Commission by the Commission and ordinances embodying amendments to or changes in such certified plats may be adopted by the City Commission in accordance with the legal procedure for enactment of ordinances, provided that notice of the time and place, when and where it shall be considered for final passage shall be sent by mail to the record owners of land located within or abutting on the lines of proposed streets, ways, parks, places, playgrounds, or other public grounds. Any such proposed amendment or change shall be submitted to and approved by the Commission; provided that in the case of disapproval, the Commission shall communicate its reasons to the City Commission which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. Any plat of a street, park, playground, or other public ground certified by the Commission to the City Commission under this chapter shall be deemed approved by the Commission without further submission thereof to said Commission.

(1990 Code, § 5.368)

   (A)   For the promoting of health, safety, morals, order, convenience and general welfare of the city, and to carry into effect the purposes of this chapter, the City Commission may provide by ordinance that no permit shall be issued for, and no building or structure or part thereof shall be erected on any land located within the proposed future outside lines of any new, extended or widened street, avenue, places or other public way, or of any park, playground, or other public grounds, or extensions thereof, shown on any such certified and adopted plat. Any such ordinance shall provide that the City Commission, when acting as a Zoning Board of Appeals, shall have the power, on appeal filed with it by the owner of such land, to authorize the granting of a permit for the erection of a building or structure, or parts thereof, within the lines of any mapped street, park, playground, or other public ground in any case in which said Board finds upon the evidence the arguments presented to it on such appeal:

      (1)   That the entire property of the appellant located in whole or in part within the lines of such mapped street, park, playground, or other public ground cannot yield a reasonable return to the owner unless such permit be granted; and

      (2)   That balancing the interest of the city in preserving the integrity of the adopted map, and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required by consideration of justice and equity.

   (B)   Before taking any such action the City Commission as such Zoning Appeal Board shall hold a public hearing thereon, at least ten days notice of the time and place of which shall be given to the appellant by mail at the address specified by the appellant in his appeal petition. In the event the Board of Appeals decides to authorize a building permit and erection, it shall have the power to specify the exact location, ground area, height and other details and conditions of size, character and construction and also the duration of the building, structure or part thereof to be permitted.

(1990 Code, § 5.369)

   The proposed future outside lines of streets, parks, playgrounds and other public grounds shown on any plat certified and adopted as hereinbefore provided may for convenience be shown, wholly or in part, by appropriate symbols on any official map or other map of the city, provided that showing such lines on any map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for any of the aforesaid purposes.

(1990 Code, § 5.370)

   (A)   It is the purpose of this subchapter to require site plan review approval for certain buildings, structures, and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels, and the character of future development.

   (B)   The regulations contained in this chapter are intended to promote:

      (1)   Safe and convenient traffic movement, both within a site and in relation to access streets;

      (2)   Harmonious relationships of buildings, structures, and uses, both within a site and with adjacent sites;

      (3)   Conservation of natural amenities and resources; and

      (4)   To preserve the integrity of the utility system of the city.

(1990 Code, § 5.371)

   (A)   A detached single-family dwelling on a lot or parcel not having any other dwelling existing or to be located thereon or a two-family dwelling existing on a lot or parcel not having any other dwelling existing or to be located thereon does not require site plan review.

   (B)   All land uses shall be subject to site plan approval if any one or more of the following minimum standards are met:

      (1)   Any use requiring four or more parking spaces;

      (2)   The land being developed is two acres or more;

      (3)   The building being constructed consists of 2,500 square feet or larger;

      (4)   The proposed structure, use or land to be developed will abut an existing residential district.

(1990 Code, § 5.372)

   (A)   Applicant. The owner, or his designated agent, of the subject property shall file a request with the Planning Commission for site plan approval.

   (B)   Application. Applications for preliminary and final site plan approval shall be submitted to the City Planning Commission on a special form for that purpose. Each preliminary application shall be accompanied by the payment to cover costs of processing the application in an amount set by the City Commission. No part of the fee shall be refundable.

   (C)   Data required in preliminary application. Every application for site plan approval shall be accompanied by the following information and data:

      (1)   A special form supplied by the Zoning Administrator filled out in full by the applicant. This form shall contain the following information:

         (a)   The applicant’s name and address in full;

         (b)   Applicant’s phone number;

         (c)   A statement that the applicant is the owner of property or acting on the owner’s behalf;

         (d)   The name and address of the owner of record if the applicant is not the owner of record;

         (e)   The address, legal description and parcel number of the property;

      (2)   An accurate drawing(s) showing:

         (a)   Property dimensions;

         (b)   Topographic elevations as required by the City Engineer;

         (c)   Significant vegetation;

         (d)   Watercourses and water bodies, including man-made surface drainage ways;

         (e)   Existing public right-of-way, pavements and/or private easements;

         (f)   Existing buildings and structures;

         (g)   Zoning classification of abutting properties;

      (3)   A preliminary site plan, drawn to scale of 1 inch - 200 feet or less of the entire property involved showing:

         (a)   Dimensions of property included in proposed development;

         (b)   Location of abutting streets and proposed alignment of streets, drives and easements serving the development;

         (c)   Location of proposed buildings and intended uses thereof;

         (d)   Location of parking areas;

         (e)   Proposed water supply, wastewater systems and tentative locations;

         (f)   Proposed grades and site drainage pattern;

         (g)   Proposed common open spaces and facilities, if applicable;

         (h)   Proposed accessory buildings and uses, including free-standing signs;

      (4)   The Planning Commission may require written impact statements relative to traffic capacity or streets, schools, existing utilities or natural features.

(1990 Code, § 5.373)

   (A)   The Zoning Administrator shall send notice of site plan review, by first class mail, to all persons owning property within a 300 foot radius of the property in question.

    (B)   The City Planning Commission shall review the preliminary site plan to determine compliance with permitted land use, density of development, general circulation and other provisions of this code. The preliminary site plan shall also be reviewed for the same compliance, by the Zoning, Water, Wastewater, Public Works, Police and Fire Departments, along with the City Manager and City Engineer, and shall report to the Planning Commission their recommendations. This review will also include the County Drain Commission and county zoning, when applicable.

   (C)   The Planning Commission shall respond to the applicant with its decision within 45 days of filing, and if denied, shall cite the reason for denial. If approved, a certificate of preliminary site plan approval shall be issued to the applicant by the Zoning Administrator.

(1990 Code, § 5.374)

   (A)   Within 365 days of the date of issuance of the certificate of preliminary site plan approval, the applicant shall file for final site plan approval.

   (B)   The application shall be accompanied by the following information:

      (1)   A special form supplied by the Zoning Administrator and filled out in full by the applicant. This form shall contain the following information:

         (a)   The same information contained on the application form for preliminary site plan approval;

         (b)   A reference to the date on which the Planning Commission granted preliminary site plan approval.

      (2)   Final site plan and site development specifications for the site, or portion thereof, on which site plan approval is sought.

      (3)   The final site plan shall conform substantially to the preliminary site plan.

(1990 Code, § 5.375)

   Once site plan approval has been granted by the Planning Commission, changes to the approved site plan shall require a resubmission.

(1990 Code, § 5.376)

   (A)   The Planning Commission will forward its findings and recommendations for approval or rejection of the preliminary site plan to the City Commission for final site plan review.

   (B)   The City Commission shall, within 45 days of action by the Planning Commission, act upon the application for final site plan approval. If final site plan approval is denied by the City Commission, notice thereof, together with the reason, shall be sent to the applicant. If approved, a certificate of final site plan approval shall be issued to the applicant.

(1990 Code, § 5.377)

   (A)   All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property and the type and size of buildings. The site will be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

   (B)   The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal and by topographic modifications which result in maximum harmony with adjacent areas.

   (C)   The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants.

   (D)   All buildings, or groups of buildings, shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

   (E)   Every structure or dwelling unit shall have access to a public street, walkway, or other area dedicated to common use.

   (F)   There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system. In order to ensure public safety, pedestrian underpasses or overpasses may be required in the vicinity of schools, playgrounds, local shopping areas and other uses which generate a considerable amount of pedestrian traffic.

   (G)   The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of- way equal to that specified in the city specifications.

   (H)   All streets shall be developed in accordance with the city specifications unless otherwise approved by the City Commission.

   (I)   Any development affecting existing city streets shall comply with city specifications as to curb, gutter, walkways, liming, catch basins and underground utility locations.

   (J)   Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for the construction of sewer facilities, including grading, gutters, piping, and the treatment of turf, to handle storm water, prevent erosion and the formation of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in paved areas.

   (K)   All appropriate measures shall be taken, by the developer, to complete a water loop system when deemed advisable by the City Engineer and City Water Department.

   (L)   All appropriate measures shall be taken by the developer to provide adequate water and fire protection systems when deemed advisable by the City Engineer, Water Department and Fire Department.

   (M)   Underground utilities may be required in all areas for distribution of utilities, including water, sewer, electric, gas, telephone and cable TV when deemed advisable.

   (N)   All loading and unloading areas and outside storage areas, including areas for the storage of trash which face or are visible from residential districts or public thoroughfares, shall be screened by an opaque wall not less than six feet in height.

   (O)   Exterior lighting shall be so arranged that it is deflected adjacent away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

   (P)   In approving the site plan, the Planning Commission may recommend to the City Commission that a bond or other financial guarantee acceptable to the city of ample sum be furnished by the developer to ensure compliance for such requirements as drives, walks, utilities, parking, landscaping and the like.

(1990 Code, § 5.378)

   (A)   Any person considering himself aggrieved by any interpretation of the Planning Commission or its recommendation granting or denying site plan approval shall have the right to take an appeal to the City Commission as herein set forth for final site plan approval.

   (B)   In the event the City Commission shall reject the final site plan, an appeal may be taken to a court of competent jurisdiction; such appeal shall be deemed exclusive.

(1990 Code, § 5.379)

   The City Commission hereby determines that it is necessary for the best interests of the public to create a public body corporate which shall operate to halt property value deterioration, eliminate the causes of that deterioration, increase property valuation where possible in the business district of the city, and promote economic growth, pursuant amended to Act 197 of the Public Acts of Michigan, 1975 as amended.

(Ord. 532, passed 10-25-2004)

   The terms used in this subchapter shall have the same meaning as given to them in Act 197 or as hereinafter provided. As used in this subchapter:

   AUTHORITY. The Downtown Development Authority of the City of St. Johns created by this subchapter.

   ACT 197. Act No. 197 of the Public Acts of Michigan of 1975, as amended.

   BOARD or BOARD OF DIRECTORS. The Board of Directors of the Authority, the governing body of the Authority.

   CHIEF EXECUTIVE OFFICER. The City Manager of the City of St. Johns.

   COMMISSION or CITY COMMISSION. The City Commission of the City of St. Johns.

   DOWNTOWN DISTRICT. The downtown district designated by this subchapter, as now existing or hereafter amended, and within which the Authority shall exercise its power.

(Ord. 532, passed 10-25-2004)

   There is hereby created, pursuant to Act 197, a Downtown Development Authority for the city. The Authority shall be a public body corporate and shall be known and exercise its powers under the title “Downtown Development Authority of the City of St. Johns”. The Authority may adopt a seal, may sue and be sued in any court of this State and shall possess all the powers necessary to carry out the purposes of its incorporation as provided by this subchapter and Act 197. The enumeration of powers in this subchapter or in Act 197 shall not be construed as a limitation upon the general powers of the Authority.

(Ord. 532, passed 10-25-2004)

   Upon completion of its purposes, the Authority may be dissolved by the City Commission. The property and assets of the Authority, after dissolution and satisfaction of its obligations, shall revert to the city.

(Ord. 532, passed 10-25-2004)

   The Downtown District shall consist of the territory in the city described in Exhibit A, attached to Ordinance 664 and made part hereof, subject to such changes as may hereinafter be made pursuant to this subchapter and Act 197.

(Ord. 532, passed 10-25-2004; Am. Ord. 573, passed 2-25-2008; Am. Ord. 664, passed 9-27-2021)

   The Authority shall be under the supervision and control of the Board. The Board shall consist of 13 members including the Chief Executive Officer of the city, who shall be appointed and serve in accordance with Act Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The Chairman of the Board shall be elected by the Board. The Board shall adopt Bylaws governing its procedures subject to the approval of the City Commission.

(Ord. 532, passed 10-25-2004; Am. Ord. 533, passed 1-10-2005)

   Except as specifically otherwise provided in this subchapter, the Authority shall have all powers provided by law subject to the limitations imposed by and herein.

(Ord. 532, passed 10-25-2004)

   (A)   The fiscal year of the Authority shall begin on July 1 of each year and end on June 30 of the following year, or such other fiscal year as may be hereafter adopted by the Commission.

   (B)   The Board shall prepare annually a budget and shall submit it to the City Commission for approval. The Board shall not finally adopt a budget for any fiscal year until the budget has been approved by the City Commission. The Board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the ordinance authorizing the revenue bonds.

   (C)   The Authority shall submit financial reports to the City Commission at the same time and on the same basis as departments of the city are required to submit reports. The Authority shall be audited annually by the same department auditors auditing the city and copies of the audit report shall be filed with the Commission.

(Ord. 532, passed 10-25-2004)

   (A)   The Development Plan meets the requirements set forth in section 17 (2) of PA 197 of 1975.

   (B)   The proposed method of financing the development is feasible and the Authority has the ability to arrange the financing.

   (C)   The development is reasonable and necessary to carry out the purposes of this section.

   (D)   The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the plan and of this section in an efficient and economically satisfactory manner.

   (E)   The development plan is in reasonable accord with the City Comprehensive Plan.

   (F)   Public services, such as police and fire protection and utilities, are or will be adequate to service the project area.

   (G)   Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and the municipality.

   (H)   Amendments to an approved Development Plan and/or Tax Increment Financing Plan must be submitted by the Authority to the City Commission body for approval or rejection.

(Ord. 540, passed 7-16-2005)