City Ordinance Chapter 066 - Planning

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                                                     Chapter 66


                                                 Article I. In General
                   Secs. 66-1-66-33. Reserved.

                                            Article II. Planning Commission
                   Sec.   66-34.   Created; composition; appointment of members.
                   Sec.   66-35.   Terms of members; filling of vacancies.
                   Sec.   66-36.   Removal of members.
                   Sec.   66-37.   Election and term of officers.
                   Sec.   66-38.   General powers and duties.
                   Sec.   66-39.   Meetings; rules; records.
                   Sec.   66-40.   Employees; service contracts.
                   Sec.   66-41.   Compensation; expenses; preparation of budget; acceptance of
                   Sec. 66-42.     Bylaws adoption; public record requirements; annual report by
                                   planning commission.

*State law reference-Michigan planning enabling act, MCL 125.3801 et seq.

                                                      PLANNING                                                 § 66-39

           ARTICLE I. IN GENERAL                            Sec. 66-36. Removal of members.
                                                               The city commission may remove a member of
Secs. 66-1-66-33. Reserved.
                                                            the planning commission for misfeasance, malfea-
                                                            sance, or nonfeasance in office upon written charges
  ARTICLE II. PLANNING COMMISSION                           and after a public hearing. Before casting a vote
                                                            on a matter on which a member may reasonably
Sec. 66-34. Created; composition; appoint-                  be considered to have a conflict of interest, the
            ment of members.                                member shall disclose the potential conflict of
                                                            interest to the planning commission. The member
   A city planning commission is hereby created
                                                            is disqualified from voting on the matter if so
to consist of six members, who shall be represen-           provided by the bylaws or by a majority vote of the
tative of important segments of the community,
                                                            remaining members of the planning commission.
such as the economic, governmental, educational,
                                                            Failure of a member to disclose a potential con-
and social development of the city, in accordance
                                                            flict of interest as required by this section consti-
with the major interests as they exist in the city,
                                                            tutes malfeasance in office. Unless the city com-
such as agriculture, natural resources, recreation,
                                                            mission, by ordinance, defines conflict of interest
education, public health, government, transporta-
                                                            for the purposes of this section, the planning
tion, industry, and commerce. The membership
                                                            commission shall do so in its bylaws.
shall also be representative of the entire territory        (Code 1975, § 2-139; Code 2002, § 66-35)
of the city to the extent practicable, and who shall           State law reference-Removal of members, MCL
be appointed by the mayor, subject to approval by           125.3815(9).
a majority vote of the members-elect of the city
commission. In addition, the mayor, one of the              Sec. 66-37. Election and term of officers.
administrative officers of the city selected by the            (a) The planning commission shall elect a chair-
mayor and one member of the city commission                 person and secretary from its members and create
elected by it shall be members ex officio of the            and fill other offices as it considers advisable. An
planning commission.                                        ex officio member of the planning commission is
(Code 1975, § 2-135; Code 2002, § 66-31)                    not eligible to serve as chairperson. The term of
   State law references-Authority to create a planning      each officer shall be one year, with opportunity for
commission, MCL 125.3811; composition of planning commis-
sion, MCL 125.3815.
                                                            reelection as specified in bylaws.
                                                               (b) The planning commission may appoint ad-
Sec. 66-35. Terms of members; filling of va-                visory committees whose members are not mem-
            cancies.                                        bers of the planning commission.
  (a) The term of each appointed member of the              (Code 1975, § 2-141; Code 2002, § 66-37)
                                                                 State law reference-Similar provisions, MCL 125.3817.
planning commission shall be three years. All
members shall hold office until their successors            Sec. 66-38. General powers and duties.
are appointed.
                                                               The planning commission shall have and exer-
   (b) The terms of ex officio members of the               cise all of the powers granted to it under the
planning commission shall correspond to their               provisions of Public Act No. 33 of 2008 (MCL
respective official tenures, except that the term of        125.3801 et seq.) and shall perform all of the
the administrative official shall terminate with            duties on its part to be performed as provided in
the term of the mayor selecting him.                        such Act and shall be subject to all of the regula-
   (c) If a vacancy occurs on a planning commis-            tions therein provided.
sion, the vacancy shall be filled for the unexpired         (Code 1975, § 2-142; Code 2002, § 66-38)
term in the same manner as provided for an
                                                            Sec. 66-39. Meetings; rules; records.
original appointment. A member shall hold office
until his successor is appointed.                              (a) The planning commission shall hold not
(Code 1975, § 2-136; Code 2002, § 66-32)                    less than four regular meetings each year, and by
   State law reference-Similar provisions, MCL 125.3815.    resolution shall determine the time and place of

§   66-39                                          WINDCREST CODE

the meetings. Unless the bylaws provide other-               use of planning commissions and furnish such
wise, a special meeting of the planning commis-              other technical assistance and advice as they may
sion may be called by the chairperson or by two              have for planning purposes.
other members, upon written request to the sec-              (Code 1975, § 2-144; Code 2002, § 66-40)
                                                                 State law reference-Similar provisions, MCL 125.3825.
retary. Unless the bylaws provide otherwise, the
secretary shall send written notice of a special             Sec. 66-41. Compensation; expenses; prepa-
meeting to planning commission members not                                 ration of budget; acceptance of
less than 48 hours before the meeting.                                     gifts.
                                                                (a) Members of a planning commission may be
   (b) The business that a planning commission               compensated for their services as provided by the
may perform shall be conducted at a public meet-             city commission. The planning commission may
                                                             adopt bylaws relative to compensation and ex-
ing of the planning commission held in compli-
                                                             penses of its members and employees for travel
ance with the open meetings act, Public Act No.              when engaged in the performance of activities
267 of 1976 (MCL 15.261 et seq.). Public notice of           authorized by the city commission, including, but
the time, date, and place of a regular or special            not limited to, attendance at conferences, work-
meeting shall be given in the manner required by             shops, educational and training programs, and
that Act.                                                    meetings.
                                                                (b) After preparing the annual report required
   (c) A writing prepared, owned, used, in the               under section 66-42 the planning commission
possession of, or retained by a planning commis-             may prepare a detailed budget and submit the
sion in the performance of an official function              budget to the city commission for approval or
shall be made available to the public in compli-             disapproval. The city commission annually may
ance with the freedom of information act, Public             appropriate funds for carrying out the purposes
Act No. 442 of 1976 (MCL 15.231 et seq.).                    and functions permitted under state law, and may
(Code 1975, § 2-143; Code 2002, § 66-39)                     match city funds with federal, state, county, or
     State law reference-Similar provisions, MCL 125.3821.   other city or private grants, contributions, or
                                                                (c) The planning commission may accept gifts
Sec. 66-40. Employees; service contracts.
                                                             for the exercise of its functions. A gift of money so
                                                             accepted in either case shall be deposited with the
   (a) The city may employ a planning director               city treasurer in a special nonreverting planning
and other personnel as it considers necessary,               commission fund for expenditure by the planning
contract for the services of planning and other              commission for the purpose designated by the
technicians, and incur other expenses, within a              donor. The treasurer shall draw a warrant against
budget authorized by the city commission. This               the special nonreverting fund only upon receipt of
authority shall be exercised by the city commis-             a voucher signed by the chairperson and secre-
sion, unless a charter provision or ordinance                tary of the planning commission and an order
delegates this authority to the planning commis-             drawn by the city clerk. The expenditures of a
sion or another body or official. The appointment            planning commission, exclusive of gifts and grants,
of employees is subject to the same provisions of            shall be within the amounts appropriated by the
law as govern other corresponding civil employees            city commission.
of the city.                                                 (Code 1975, § 2-145; Code 2002, § 66-41)
                                                                 State law reference-Similar provisions, MCL 125.3823.
   (b) For the purposes of state law, the planning           Sec. 66-42. Bylaws adoption; public record
commission may make use of maps, data, and                                 requirements; annual report by
other information and expert advice provided by                            planning commission.
appropriate federal, state, regional, county, and               (a) The planning commission shall adopt by-
municipal officials, departments, and agencies.              laws for the transaction of business, and shall
All public officials, departments, and agencies              keep a public record of its resolutions, transac-
shall make available public information for the              tions, findings, and determinations.

                                                    PLANNING   § 66-42

  (b) The planning commission shall make an
annual written report to the city commission
concerning its operations and the status of plan-
ning activities, including recommendations regard-
ing actions by the city commission related to
planning and development.
  State law reference-Similar provisions, MCL 125.3819.


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