[HISTORY: Adopted by the Village Council of the Village of Bellevue 10-22-2013 by Ord. No. 2013-003. Amendments noted where applicable.]
Editor’s Note: This ordinance also superseded former Ch. 107, Bellevue Joint Planning Commission, adopted 10-11-2004 by Ord. No. 107.
This chapter shall be known and cited as the Village of Bellevue Planning Commission Ordinance.
This chapter is adopted pursuant to the authority granted the Village of Bellevue under the Michigan Planning Enabling Act, Public Act 33 of 2008 as amended, MCLA § 125.3801 et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006 as amended, MCLA § 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 chapter and any future amendments to this chapter. It is the purpose of this chapter to establish the appointments, terms and membership of the Planning Commission, to prescribe the authority, powers and duties of the Planning Commission, and to establish requirements regarding the Planning Commission's affairs including, but not limited to, officers, meetings, bylaws, and conflicts of interest.
The Village of Bellevue hereby establishes under the Michigan Planning Enabling Act, Public Act 33 of 2008 as amended, MCLA § 125.3801, et seq., the Village of Bellevue Planning Commission.
Appointments by President. The Village President shall appoint members of the Planning Commission, subject to approval by a majority vote of the members of the Village Council elected and serving. Appointments shall comply with the membership provisions of § 107-5 of this chapter.
Length of terms. Members shall be appointed for three-year terms. However, when appointments are first made to the Planning Commission, a number of members shall be appointed for one-year, two-year and three-year terms such that, as nearly as possible, the terms of one-third of all Planning Commission members will expire each year.
Beginning/expiration of terms. Terms shall begin November 1 and expire October 31 of the respective year. A Planning Commission member shall hold office until his or her successor is appointed.
Number and qualifications. The Planning Commission shall consist of five members. To be qualified as a member and to remain a member of the Planning Commission, each individual shall meet the following criteria:
The individual shall be a qualified elector of the Village except that two members may be qualified electors of one or more other municipalities;
The individual shall not be a declared candidate for any political office, except that this condition shall not apply to a Village Council representative to the Planning Commission;
After an individual's first appointment and before reappointment following a full three-year term on the Planning Commission, the member shall have attended Planning Commission training pursuant to § 107-8 of this chapter if the Village Council's adopted budgets for the previous fiscal year(s) included funds to pay for tuition, registration, and travel expenses for the training;
Village Council representative. One member of the Planning Commission may be a member of the Village Council, whose term of office shall coincide with his or her elected term of office on the Village Council. Such ex officio member shall have full voting rights.
Major interest representation. The membership of the Planning Commission shall be representative of the important segments of the Village such as, by example, housing, natural resources, recreation, business and industry, government, education and/or social development.
Geographic representation. The Planning Commission membership serving as qualified electors of the Village shall be representative of the entire geography of the Village to the extent practicable, as a secondary consideration to the representation of the major interests in § 107-5C of this chapter.
Misfeasance, malfeasance, or nonfeasance. 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.
Conflict of interest. Failure to disclose a potential conflict of interest shall be considered malfeasance in office. "Conflict of interest" shall be as defined in the Planning Commission's Bylaws.
Absenteeism. Failure to repeatedly attend Planning Commission meetings for reasons other than involvement in Planning Commission business as expressly authorized by the Planning Commission shall be considered nonfeasance in office. Planning Commission members absent from three or more consecutive, regularly scheduled Planning Commission meetings shall be subject to review by the Village Council and possible removal. Such review may be extended to members that fail to repeatedly attend special meetings of the Planning Commission where the Village Council determines such absenteeism significantly undermines the functioning of the Planning Commission including the lack of intended representation on the Planning Commission according to § 107-5D of this chapter.
Authorization and purpose. The Planning Commission, in its bylaws, may name "liaisons" to the Planning Commission. The purpose of liaisons is to provide certain Village and quasi-Village officials ability to participate in discussions with the Planning Commission during its meetings in addition to speaking as part of a public comment portion of such meetings. At a minimum, liaisons shall include, and irrespective of the provisions of the Planning Commission Bylaws:
Village staff whose job descriptions and duties involve assisting the Planning Commission in matters applicable to planning and zoning, including zoning administration and enforcement.
Consultants hired by the Village Council for the purpose of providing expertise in pertinent areas such as planning, zoning and engineering.
Legal counsel for the Village.
Appointed members of the Planning Commission shall attend educational programs designed for training members of Michigan planning commissions if the Village Council's adopted budget for that fiscal year includes funds to pay for tuition, registration, and travel expenses for the training. The member shall be ineligible for reappointment at the conclusion of the full term of office if he/she did not attend training. Training programs that qualify to meet this requirement shall be limited to the following organizations except where the Village Council authorizes funding for alternative sources of training: Michigan Association of Planning, Michigan State University Extension, Michigan Municipal League, and continuing education programs of Michigan State University, University of Michigan, Northern Michigan University, Central Michigan University, or Wayne State University. Nothing in this section shall require a member who has not had training from finishing his/her initial full term of office.
The Planning Commission shall elect a chairperson and secretary from its members and create and fill other offices as it considers advisable. An ex officio member of the Planning Commission shall not serve as chairperson. The term of each officer shall be one year, with opportunity for reelection as specified in the Planning Commission Bylaws. A Planning Commission may appoint advisory committees whose members are not members of the Planning Commission.
Planning Commission members may be compensated for their services as provided by resolution by the Village Council.
Number of regular meetings required. The Planning Commission shall hold not less than four regular meetings each year and shall, by resolution, determine the time and place of the meetings.
Special 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 other members, upon written request to the secretary. Unless the bylaws provide otherwise, the secretary shall send written notice of a special meeting to Planning Commission members at least 48 hours before the meeting.
Quorum defined, required. A majority of the Planning Commission members, regardless of vacancies and absences, shall constitute a quorum and a quorum shall be necessary for the transaction of business and for taking official action on all matters before the Planning Commission.
Decisions and voting. An affirmative vote of at least two-thirds of all members of the Planning Commission, regardless if vacancies or absences may exist, is necessary to take official action on the adoption or amendment to a master plan. The number of affirmative votes required to take official action on any other matter or question that may arise at a Planning Commission meeting, including actions that may be required by the Village of Bellevue Zoning Ordinance, shall be as specified in the Planning Commission's bylaws.
Open Meetings Act. All business performed by the Planning Commission shall be done so as part of a public meeting in compliance with the Open Meetings Act, Public Act 267 of 1976 (as amended).
Planning Enabling Act. The Planning Commission shall have all powers and duties as set forth in Public Act 33 of 2008 as amended, the Michigan Planning Enabling Act (MCLA § 125.3801 et seq.), including but not limited to the following:
The Planning Commission shall prepare and approve a master plan and make amendments to such master plan as necessary.
The Planning Commission shall review and make a recommendation to the Village Council on a proposed plat under the Land Division Act, Public Act 288 of 1967, MCLA § 560.101 et seq., including the holding of a public hearing on such proposed plat in accordance with the notice requirements of the Planning Enabling Act.
The Planning Commission shall review proposals for streets, squares, parks, playgrounds, public ways, grounds, or other open space or public building or structure proposed by a legislative body or other body having jurisdiction over the financing of the project.
The Planning Commission may recommend to the Village Council provisions of an ordinance or rules governing the subdivision of land, and such recommended ordinance or rules shall be subject to a public hearing according to the notice requirements of the Planning Enabling Act.
The Planning Commission is exempt from the responsibility of preparing a capital improvements program unless the Village Council passes a motion providing otherwise, the intention being that the Village Council shall be responsible for the preparation of a capital improvement program.
Zoning Enabling Act. The Planning Commission shall also have all powers and duties as set forth for zoning boards and zoning commissions in Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act (MCLA § 125.3101 et seq.), including but not limited to preparation of a new zoning ordinance or amendments to an existing zoning ordinance, the holding of hearings for and submittal of recommendations to the Village Council regarding a proposed zoning ordinance and/or amendments thereto, and the administration of said ordinance as it may provide.
Grants. The Planning Commission shall have authority to apply for and receive grants from any government agency or the federal government.
Gifts. The Planning Commission may not accept gifts for the exercise of its functions. However, the Village Council may accept such gifts on behalf of the Planning Commission.
Annual report. The Planning Commission shall make an annual written report to the Village Council concerning its operations and the status of planning activities, including recommendations regarding actions by the Village Council related to planning and development.
Budget. After preparing the annual report required under § 107-12E of this chapter, the Planning Commission may prepare a detailed budget and submit the budget to the Village Council for approval or disapproval. The Village Council annually may appropriate funds for carrying out the purposes and functions of the Planning Commission, and may match local government funds with federal, state, county, or other local government or private grants, contributions, or endowments.
The Planning Commission shall adopt bylaws for the transaction of business.
The Planning Commission shall keep a record of its resolutions, motions, transactions, findings, and determinations. Such records shall be a public record and available for public inspection. 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, Public Act 442 of 1776.
All official actions taken by all Village of Bellevue Planning Commissions preceding the Planning Commission created by this chapter are hereby approved, ratified and reconfirmed.
Should any section, clause or provision of this chapter be declared unconstitutional, illegal or of no force and effect by a court of competent jurisdiction, then and in that event such portion thereof shall not be deemed to affect the validity of any other part or portion of this chapter.
All ordinances or parts of ordinances in conflict with this chapter are hereby repealed.
This chapter shall take effect on the date of its publication following adoption.