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Code of Ordinance › Chapter 2 — ADMINISTRATION › Article III — BOARDS, COMMISSIONS AND COMMITTEES

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts and other ways. (Comp. Ords. 1987, § 12.001) Cross reference— Definitions generally, § 1-2.

There is hereby created a village planning commission which shall consist of five members. The members shall represent, as far as is possible, different professions or occupations, and shall be appointed by the president subject to approval be a majority vote of the members-elect of the council. All members of the commission shall be compensated in an amount that shall be established by resolution of the village council. Members of the commission shall hold no other municipal office, except that one of the members may be a member of the zoning board of appeals. The term of each member shall be three years. All members shall hold office until their successors are appointed, and terms shall expire on March 31. Members may, after a public hearing, be removed by the council for inefficiency, neglect of duty or malfeasance in office. A member of the council, to be selected by the council, shall serve as an ex officio member of the commission. Vacancies occurring otherwise than through expiration of term shall be filled for the unexpired term by the council. (Ord. No. 142, 6-20-2006; Ord. No. 142(2), 2-21-2017) State Law reference— Municipal planning commission, MCL 125.32 et seq., MSA 5.2992 et seq.

The planning commission shall elect its chair from amongst the appointed members and create and fill such other of its offices as it may determine. The term of chair 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. (Comp. Ords. 1987, § 12.003) State Law reference— Similar provisions, MCL 125.34, MSA 5.2994.

The planning 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 village. The commission may also contract with city 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 necessary for the commission's work. (Comp. Ords. 1987, § 12.004) State Law reference— Similar provisions, MCL 125.35, MSA 5.2995.

It shall be the function and duty of the planning commission to make and adopt a master plan for the physical development of the village, including any areas outside its boundaries which, in the commission's judgment, bear relation to the planning of the village. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of such territory, including, among other things, the general location, character and extent of streets, viaducts, subways, bridges, waterways, floodplains, waterfronts, boulevards, parkways, playgrounds and open spaces, the general location of public buildings and other public 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 such 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 redevelopment 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 parts thereof, any such part to cover one or more major sections or divisions of the village or one or more of the matters mentioned in this section or other functional matters to be included in the plan. The commission may from time to time amend, extend or add to the plan. (Comp. Ords. 1987, § 12.005) State Law reference— Similar provisions, MCL 125.36, MSA 5.2996.

In the preparation of the master plan, the planning commission shall make careful and comprehensive surveys and studies of the present conditions and future growth of the village, 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 village 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 provisions for traffic, the promotion of safety from fire and other dangers, adequate provisions for light and air, the promotion of the healthful and convenient distribution of population, 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. (Comp. Ords. 1987, § 12.006) State Law reference— Similar provisions, MCL 125.37, MSA 5.2997.

The planning commission may adopt the master plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, such parts corresponding with major geographical sections or divisions of the village or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such 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 village, 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 village affected. The adoption of the plan or any part or amendment or extension or addition shall be by resolution of the 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 matter by the identifying signature of the chair and/or secretary of the commission. An attested copy of the plan or part thereof shall be certified to the council and to the county register of deeds. (Comp. Ords. 1987, § 12.007) State Law reference— Similar provisions, MCL 125.38, MSA 5.2998.

1. (a) Whenever the planning commission shall have adopted the master plan of the village or of one or more major functions 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 village or in such planned section and district until the location, character and extent thereof shall have been submitted to and approved by the commission. In case of disapproval, the commission shall communicate its reasons to the council, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. If the public way, ground, space, building, structure or utility is one the authorization or financing of which does not, under the law governing such public way, ground, space, building, structure or utility, fall within the province of the village council, then the submission to the planning commission shall be by the board, commission or body having such jurisdiction, and the planning commission's disapproval may be overruled by such board, commission or body by a vote of not less than two-thirds of its membership. The failure of the commission to act within 60 days from and after the date of official submission to the commission shall be deemed approval.
2. (b) For the purpose of furthering the desirable future development of the village under the master plan, the 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 programs 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 comprehensive coordinated programs shall be based upon the requirements of the community for all types 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. (Comp. Ords. 1987, § 12.008) State Law reference— Similar provisions, MCL 125.39, MSA 5.2999.

Whenever the council shall have ordered the opening, widening or extension of any street, avenue or boulevard, or whenever the 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 planning commission for a report and until after a public hearing shall have been held. The council shall have power to overrule the recommendation of the village planning commission by a vote of not less than two-thirds of its entire membership. (Comp. Ords. 1987, § 12.009) State Law reference— Similar provisions, MCL 125.40, MSA 5.3000.

The 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 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 city planning conferences or meetings of the city planning institutes, or hearings upon pending city 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 citizens with relation to the 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 length of time, such available information as it may require for its work. The commission and 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 markers thereon. In general, the commission shall have such power as may be necessary to enable it to fulfill its functions, promote municipal planning, or carry out the purposes of this division. (Comp. Ords. 1987, § 12.010) State Law reference— Similar provisions, MCL 125.41, MSA 5.3001.

Whenever the planning commission shall have adopted that sort of 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 county register of deeds, 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 the planning commission and such approval entered in writing on the plat by the chair or secretary of the commission. (Comp. Ords. 1987, § 12.011) State Law reference— Similar provisions, MCL 125.43, MSA 5.3003.

1. (a) Before exercising the powers referred to in section 2-111, the planning commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and area of lots.
2. (b) 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 utilities 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 previous to such installation, but any such tentative approval shall be revocable and shall not be entered on the plat. In lieu of the completion of such improvements and utilities prior to final approval of the plat, the commission may accept a bond with surety to secure to the village 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 is hereby granted the power to enforce such bond by all appropriate legal and equitable remedies.
3. (c) 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 the county. (Comp. Ords. 1987, § 12.012) State Law reference— Similar provisions, MCL 125.44.

The 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 ground of disapproval of any plat shall be stated upon the records of the commission. Any plat submitted 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 such 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 in the county treasurer's office and their addresses appear in the directory of the village or on the tax records of the village or county. Every plat approved by the 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 planning commission may, from time to time, recommend to the council amendments of the zoning ordinance or map or additions thereto to conform to the 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 by the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as a part of the zoning ordinance or map of the village. (Comp. Ords. 1987, § 12.013) State Law reference— Similar provisions, MCL 125.45. Secs. 2-114—2-120. - Reserved. [5]

Footnotes:

--- (5) --- Editor's note— Entire division newly adopted on January 17, 2006 (Ordinance No. 136-A).

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