[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as Ch. 58, Art. III, of the 2000 Code of Ordinances; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Subsequent amendments noted where applicable.]
A.
This chapter is adopted pursuant to the authority granted by the
Village Council under the Michigan Planning Enabling Act, Public Act
No. 33 of 2008, MCLA § 125.3801 et seq., and the Michigan
Zoning Enabling Act, Public Act No. 110 of 2006, MCLA § 125.3101
et seq., to establish the Spring Lake Village Planning Commission
(the "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.
B.
The purpose of this chapter is to provide that the Village Council
shall confirm the establishment, under the Michigan Planning Enabling
Act, Public Act No. 33 of 2008, MCLA § 125.3801 et seq.,
of the Planning Commission; to establish the appointments, terms and
memberships 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.
The Village Council confirms the establishment, under the Michigan
Planning Enabling Act, Public Act No. 33 of 2008, MCLA § 125.3801
et seq., of the Planning Commission. The Planning Commission shall
have nine members. Members of the Planning Commission as of the effective
date of this chapter shall, except for an ex officio member whose
remaining term on the Planning Commission shall be limited to that
member's term on the Village Council, 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, Public Act No.
33 of 2008, MCLA § 125.3801 et seq.
A.
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 member.
B.
The Planning Commission members, other than an ex officio member,
shall serve for terms of three years each.
C.
A Planning Commission member shall hold office until the member's
successor is appointed. Vacancies shall be filled for the unexpired
term in the same manner as the original appointment.
D.
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.
E.
One member of the Village Council shall be appointed to the Planning
Commission as an ex officio member.
F.
An ex officio member has full voting rights. An ex officio member's
term on the Planning Commission shall expire with that member's
term on the Village Council.
G.
No other elected officer or employee of the Village is eligible to
be a member of the Planning Commission.
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.
A.
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 chapter constitutes malfeasance in
office.
B.
For the purposes of this section, the Planning Commission shall define
conflict of interest in its bylaws.
The Planning Commission members may be compensated for their
services as provided by Village Council resolution. The Planning Commission
may adopt bylaws relative to compensation and expenses of its members
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.
A.
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 year, with opportunity for reelection as specified in the Planning
Commission bylaws.
B.
The Planning Commission may also appoint advisory committees whose
members are not members of the Planning Commission.
A.
The Planning Commission shall adopt bylaws for the transaction of
business.
B.
The Planning Commission shall hold at least four regular meetings
each year, and shall by resolution determine the time and place of
the meetings.
C.
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 otherwise provide, the secretary shall send written
notice of a special meeting to Planning Commission members at least
48 hours before the meeting.
D.
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 No. 267 of 1976, MCLA § 15.261 et seq.
E.
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 an official function shall be made available
to the public in compliance with the Freedom of Information Act, Public
Act No. 442 of 1976, MCLA § 15.231 et seq.
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 Council related to planning and development.
A.
Under the authority of the Michigan Planning Enabling Act, Public
Act No. 33 of 2008, MCLA § 125.3801 et seq., and other applicable
planning statutes, the Planning Commission shall make a Master Plan
as a guide for development within the Villages's planning jurisdiction.
B.
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.
C.
Unless rescinded by the Village, any plan adopted or amended under
the Village Planning Act, Public Act No. 168 of 1959, MCLA § 125.321
et seq., need not be readopted under the Michigan Planning Enabling
Act, Public Act No. 33 of 2008, MCLA § 125.3801 et seq.
A.
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.
B.
The Planning Commission shall review and make recommendations on
a proposed plat before action is taken by the Village Council under
the Land Division Act, Public Act No. 288 of 1967, MCLA § 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.
