ORDINANCE NO. 2016-4
VILLAGE OF BEAR LAKE
PLANNING COMMISSION ORDINANCE
An ordinance to establish the VILLAGE OF BEAR LAKE PLANNING COMMISSION; provide for the composition of that Planning Commission; provide for the powers, duties and limitations of that Planning Commission; and repeal any ordinance or parts of ordinances or resolutions in conflict with this ordinance.
THE VILLAGE OF BEAR LAKE, MANISTEE COUNTY, MICHIGAN, ORDAINS:
Section 1: Scope, Purpose and Intent
This ordinance is adopted pursuant to the authority granted to the Village of Bear Lake under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, 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 and any future amendments to this ordinance.
The purpose of this ordinance is to provide that the Village of Bear Lake shall hereby establish the Village of Bear Lake Planning Commission; to establish the appointments, terms, and membership of the Planning Commission; to identify the officers and the minimum number of meetings per year of the Planning Commission; and to prescribe the authority, powers and duties of the Planning Commission.
Section 2: Establishment
The Village of Bear Lake hereby creates a Village Planning Commission consisting of five (5) members. The Planning Commission is formed under the authority of and subject to the powers, duties and limitations provided in the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and further subject to the terms and conditions of this ordinance and any future amendments to this ordinance.
Section 3: Appointments and Terms
The Village President, with the approval of the Village Council by a majority vote of the members elected and serving, shall appoint all Planning Commission members, including the ex officio members.
When the Planning Commission is first established, the members appointed, other than the ex officio member, shall be appointed to 1-year, 2-year or 3-year terms such that, as nearly as possible, the terms of one-third of all the Planning Commission members will expire each year. After that, all Planning Commission members, other than the ex officio member, shall serve for terms of three (3) years each.
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.
Planning Commission members shall be qualified electors of the Village, except that one Planning Commission member may be an individual who is not a qualified elector of the village. 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 Village, in accordance with the major interests as they exist in the Village, 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 Village to the extent practicable.
One (1) member of the Village Council shall be appointed to the Planning Commission as an ex officio member. An ex officio member has full voting rights. The ex officio member’s term on the Planning Commission shall expire with his or her term on the Village Board.
No other elected officer or employee of the Village is eligible to be a member of the Planning Commission.
Section 4: Removal
The Village Council may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.
Failure to disclose a potential conflict of interest shall be considered malfeasance in office.
Failure to regularly attend Commission meetings shall be considered nonfeasance in office.
Section 5: Conflict of Interest
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. Upon notification of a conflict of interest, the Planning Commission member will abstain from discussing or voting on the matter before the Planning Commission.
Section 6: Compensation
The Planning Commission members may be compensated for their services as provided by village council resolution. The Village Council may adopt bylaws relative to the compensation and expenses of the Planning Commission for travel when engaged in the performance of activities authorized by the village council, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings.
Section 7: Training
Appointed members of the Planning Commission shall attend educational programs designed for training members of Michigan planning commissions if the adopted Village of Bear Lake budget for that fiscal year include funds to pay for tuition, registration and travel expenses for the training. Nothing in this paragraph shall deem a member who has not had training from finishing his/her term of office unless the member resigns or is removed by action of the Village of Bear Lake Board of Trustees.
Section 8: Officers and Committees
The Planning Commission shall elect a 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 one (1) year, with opportunity for reelection as specified in the Planning Commission bylaws.
The Planning Commission may also appoint advisory committees whose members are not members of the Planning Commission.
Section 9: Bylaws, Meetings and Records
The Planning Commission shall adopt bylaws for the transaction of business.
The Planning Commission shall hold at least four (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 bylaws, a special meeting of the Planning Commission may be called by the chairperson or by two (2) other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to Planning Commission members at least 48 hours before the meeting.
The business that the Planning Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, MCL15.261, et seq.
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 a Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.
Section 10: Annual Report
The Planning Commission shall make an annual written report to the village council concerning its operations and the status of the planning activities, including recommendations regarding actions by the Village Board related to planning and development.
Section 11: Authority to Make Master Plan
Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, 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 Village’s planning jurisdiction.
Final authority to approve a master plan or any amendments thereto shall rest with the Planning Commission unless the Village Council passes a resolution asserting the right to approve or reject the master plan.
Section 12: Zoning Powers
All powers, duties, and responsibilities provided by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, MCL 125.3101, et seq., or other applicable zoning statutes, to zoning boards or zoning commissions are hereby designated to the Planning Commission as of the effective date of this ordinance.
Section 13: Subdivision and Land Division Recommendations
The Planning Commission may recommend to the Village Council 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 Village.
The Planning Commission shall review and make recommendation on a proposed plat before action thereby the Village Council under the Land Division Act, Public Act 288 of 1967, 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 Village. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.
Section 14: Severability
The provisions of this ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a court of competent jurisdiction, it shall not affect the remainder of the ordinance, which shall continue in full force and effect.
Section 15: Repeal
All ordinances or parts or ordinances in conflict with this are hereby repealed. To the extent that Ordinance 2006.01 was enacted, the same is hereby repealed.
Section 16: Approval, Ratification and Recommendation.
All official action taken by the Village of Bear Lake Council or any prior Planning Commission preceding the Planning Commission created by this ordinance are hereby approved, ratified and reconfirmed. Any project, review, or process taking place at the effective date of this ordinance shall continue with the Commission created by this ordinance, subject to the requirements of this ordinance, and shall be a continuation of any previous Village of Bear Lake Planning Commission. This ordinance shall be in full force and effect from and after its adoption and publication.
Section 17: Publication
This ordinance shall be published within fifteen (15) days after its passage and shall become effective twenty (20) days from the date of its passage.
The undersigned, as the duly elected and acting Clerk of the Village, hereby certifies that
this ordinance was duly adopted by the Village Board at a regular meeting of said Board,
at which a quorum was present, held on ____________________, and that copies of the
ordinance were transmitted and published as directed.
Jeff Bair, Village President
Cindi McPherson, Village Clerk