[HISTORY: Adopted by the Village Council of the Village of New Haven 5-2-1961 by Ord. No. 110. Amendments noted where applicable.]
The is hereby established a Village Planning Commission to be known as "The Village Planning Commission of New Haven."
The Village Planning Commission of New Haven shall consist of nine members, who shall represent, insofar as is possible, different professions or occupations, who shall be appointed by the Village President, subject to the approval by a majority vote of the members elect of the Village Council.
All members of the Village Planning Commission shall serve as such without compensation and shall hold no other municipal office, except that one of such members may be a member of the Board of Zoning Appeals.
The term of each member shall be three years, except that three members of the first Commission to be appointed thereunder shall serve for the term of one year, three members for a term of two years, and three members for a term of three years; all members shall hold office until their successors are appointed.
Members may, after a public hearing, be removed by the Village President for inefficiency, neglect of duty or malfeasance in office.
Vacancies occurring otherwise than through the expiration of term shall be filed for the unexpired term in the same manner as original appointments are made.
The Commission shall elect its Chairman from amongst the members and create and fill such other of its offices as it may determine. The term of the Chairman shall be one year with eligibility for reelection.
The Commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
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 other corresponding civil employees of the municipality. The Commission may also contract with Village planners, engineers, architects, and other consultants for such services as it may require.
The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Village Council, which shall provide the funds, equipment and accommodations it deems necessary for the Village Planning Commission's work.
It shall be the function and duty of the Village Planning Commission to make and adopt a Master Plan for the physical development of the municipality, including any areas outside of its boundaries which in the Commission's judgment bear relation to the planning of such municipality. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the Commission's recommendations for the development of said territory, including, among other things, the general location, character and extent of streets, viaducts, bridges, waterways, boulevards, parkways, playgrounds and open spaces, the general location of public buildings and other property, and the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and 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 development 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 municipality or one or more of the aforesaid or other functional matters to be included in the plan. The Commission may from time to time amend, extend or add to the plan.
In the preparation of the Master Plan, the Village Planning Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and with due regard to its relation to the neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs which will, in accordance with present and future needs, best promote health, 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, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population and the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.
The Village Planning Commission may adopt the plan as a whole by a single resolution or may, by successive resolutions, adopt successive parts of the plan, said parts corresponding with major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extensions thereof or addition thereto. Before the adoption of the plan or any part, amendment, extension or addition, the Commission shall hold at least one public hearing thereon, notice 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 municipality and in the official gazette, if any, of the municipality, and by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the geographical sections or divisions of the municipality affected. The adoption of the plan or of any such part or amendment of extension or addition shall be by resolution of the Village Planning 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 and other 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 signature of the Chairman and/or Secretary of the Commission. An attested copy of the plan or part thereof shall be certified to the Village Council and to the County Register of Deeds.
Whenever the Village Planning Commission shall have adopted the Master Plan of the municipality 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 municipality or 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 Village Council, which shall have the power to overrule such disapproval by a recorded vote of not less than 2/3 of its entire membership.
For the purpose of furthering the desirable future development of the municipality under the Master Plan, the Village Planning Commission, after the Commission shall have adopted a Master Plan, shall prepare coordinated 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 six-year period. The above comprehensive coordinated programs shall be based upon the requirements of the Village for all type of public improvements, and, to that end, each agency or department of the Village concerned with such improvements shall, upon request, furnish the Commission with lists, plans and estimates of time and cost of public structures and improvements within the purview of such department.
Whenever the Village Council shall have ordered the opening, widening or extension of any street, avenue or boulevard, or whenever the Village Council shall have ordered that proceedings be instituted for the acquisition or enlargement of any park, playground, playfield or other public open space, such resolution shall not be rescinded until after the matter has been referred back to the Village Planning Commission for a report and until after a public hearing shall have been held. The Village Council shall have power to overrule the recommendation of the Village Planning Commission by a vote of not less than 2/3 of its entire membership.
The Village Planning Commission shall have the power to promote public interest in, and understanding of, the Master Plan and to that end 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 duly authorized by the Commission, may attend village planning conferences or meetings of village planning institutes, or hearings upon pending Village planning legislation, and the Commission may, by resolution spread upon its minutes, pay the reasonable traveling expenses incident to such attendance. The Commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and with citizens with relation to protecting or carrying out the plan.
The Commission shall have 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 and make examinations and surveys and place and maintain necessary monuments and marks thereon.
In general, the Village Planning 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.
Whenever the Village 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 Macomb County, 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 Village Planning Commission and such approval entered in writing on the plat by the Chairman or Secretary of the Commission.
Before exercising the powers referred to in § 77-11, the Village Planning Commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the proper arrangements of streets in relation to other existing or planned streets and to the Master Plan, and for adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and area of lots.
Such regulations may include provisions as to the extent to which streets and other ways shall be graded and improved and to which water and sewer and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of the plat. The regulations or practice of the Commission may provide for a tentative approval of the plat prior to such installation, but any such tentative approval of the plat shall be revocable and shall not be inferred on the plat. In lieu of the completion of such improvements and utilities prior to the final approval of the plat, the Village Planning Commission may accept a bond with surety to secure to the municipality the actual construction and installation of such improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the Commission. The Village shall have the power to enforce such bond by all appropriate legal and equitable remedies. All such regulations shall be published as provided by law for the publication of ordinances, and before adoption, a public hearing shall be held thereon. A copy thereof shall be certified by the Commission to the Register of Deeds of Macomb County.
The Village Planning Commission shall approve, modify or disapprove a plat within 60 days after the submission thereof to it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the Commission on demand; provided, however, that the applicant for the Commission's approval may waive this requirement and consent to an extension of such period. The grounds for disapproval of any plat shall be stated upon the records of the Commission. Any plat submitter 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 on by the Commission without affording a hearing thereon. Notice shall be sent to the address by registered mail of the time and place of such hearing not less than five days before the date fixed therefor. Similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats and records in the office of the County Register of Deeds, and their addresses appear in the directory of the city or on the tax records of the Village or county. Every plat approved by the Village Planning Commission shall, by virtue of such approval, be deemed to be an amendment of or an addition to or a detail of the municipal 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 Village Planning Commission may, from time to time, recommend to the Village Commission amendments of the Zoning Ordinance or Map or additions thereto to conform to the Village Planning Commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions. The Commission shall have the power to agree with the applicant upon 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 the then-effective Zoning Ordinance of the Village. Such 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 part of the Zoning Ordinance or Map of the Village.