[HISTORY: Adopted by the Village Council of the Village of
Bellevue 10-22-2013 by Ord. No.
2013-003[1]. Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former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.
A.
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.
B.
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.
C.
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.
A.
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:
(1)
The individual shall be a qualified elector of the Village except
that two members may be qualified electors of one or more other municipalities;
(2)
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;
(3)
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;
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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:
(1)
Village staff whose job descriptions and duties involve assisting
the Planning Commission in matters applicable to planning and zoning,
including zoning administration and enforcement.
(2)
Consultants hired by the Village Council for the purpose of providing
expertise in pertinent areas such as planning, zoning and engineering.
(3)
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.
A.
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.
B.
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.
C.
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.
D.
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,[1] shall be as specified in the Planning Commission's
bylaws.
E.
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).
A.
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:
(1)
The Planning Commission shall prepare and approve a master plan and
make amendments to such master plan as necessary.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
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.
C.
Grants. The Planning Commission shall have authority to apply for
and receive grants from any government agency or the federal government.
D.
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.
E.
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.
F.
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.
