Municipal Code

CHAPTER 1220 Planning Commission

EDITOR'S NOTE: A schedule of fees for planning related activities is adopted from time to time by resolution of Council. Copies of the latest such schedule and of the latest relevant legislation may be obtained, at cost, from the Village Clerk.


1220.01 Scope, purpose and intent
1220.02 Establishment
1220.03 Appointment and term
1220.04 Removal of members
1220.05 Conflict of interest
1220.06 Officers and committees
1220.07 By-laws, meetings and records

1220.08 Annual report
1220.09 Master plan
1220.10 Zoning powers
1220.11 Capital improvements program
1220.12 Subdivision and land division
recommendations
1220.13 Personnel; contract for services
1220.14 Gifts





CROSS REFERENCES
Municipal planning commissions - see M.C.L.A. 125.31 et seq.
Establishment - see CHTR. Ch. XIII, §1
Review expenses - see ADM. Ch. 210
Review and recommendation of subdivision proposals and variance requests - see P. & Z. 1225.06, 1225.12
Authority re zoning amendments - see P. & Z. 1246.02
Recommendations re Single-Family Planned Residential Development Option - see P. & Z. 1252.10



1220.01 SCOPE, PURPOSE AND INTENT.

This ordinance is adopted pursuant to the authority granted the Franklin Village Council under the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801, et seq.)and the Michigan Zoning Enabling Act, Public Act 110 of 2006 (MCL 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 ordinance and any future amendments to this ordinance.
The purpose of this ordinance is to provide that the Franklin Village Council shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801, et seq.) of the Franklin Planning Commission formerly established under the Municipal Planning Act, Public Act 285 of 1931 (MCL 125.31, et seq.); to establish the appointments, terms, and membership of the 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.
1220.02 ESTABLISHMENT.

The Village Council hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2009 (MCL 125.3801, et seq.), of the Franklin Planning Commission formerly established under the Municipal Planning Act, Public Act 285 of 1931 (MCL 125.31, et seq.). The Franklin Planning Commission shall have nine (9) members. As of the effective date of this Chapter, members of the Planning Commission shall 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 in the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3815, et seq.).
1220.03 APPOINTMENT AND TERM.

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. The Planning Commission shall serve for terms of three (3) years each. 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.
Planning Commission members shall be qualified electors 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.
If a member misses four (4) consecutive meetings of the Commission, or twenty-five percent (25%) of the Commission meetings in any twelve (12) month consecutive term, unless such absences are excused by the Commission for reasons entered into the proceedings of the Commission at the time of each absence, then said position may be declared vacant by the Village Council.
1220.04 REMOVAL OF MEMBERS.

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.
1220.05 CONFLICT OF INTEREST.

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 Section constitutes malfeasance in office.
For the purposes of this Section, conflict of interest is defined as, and a Planning Commissioner shall declare a conflict of interest and abstain from participating in Planning Commission deliberations and voting on the request in the following circumstances:
(a) An immediate family member is involved in a request for which the Planning Commission is asked to make a decision. An immediate family member shall include a spouse, mother, father, sister, brother, son, daughter, including an adopted child.

(b) The Planning Commission member has a business or financial interest in the property involved in the request or has a business or financial interest in the applicant’s company, agency, or association.

(c) The Planning Commission member owns or has a financial interest in neighboring property. For the purposes of this Section, neighboring property shall include any property immediately adjoining the property involved in the request.

(d) There is a reasonable appearance of a conflict of interest, as determined by a majority vote of the remaining members of the Planning Commission.
1220.06 OFFICERS AND COMMITTEES.

The Planning Commission shall elect a chairperson and a secretary from its members, and may create and fill other offices as it considers advisable. The term of each office shall be one (1) year, with opportunity for reelection as specified in the Planning Commission bylaws.
1220.07 BYLAWS, MEETINGS AND RECORDS.

(a) The Planning Commission shall adopt bylaws for the transaction of business.

(b) The Planning Commission shall hold at least four (4) 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 two (2) 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 forty-eight (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 267 of 1976 (MCL 15.261, et seq.), as amended.

(e) The Planning Commission shall keep a 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 442 of 1976 (MCL 15.231, et seq.), as amended.
1220.08 ANNUAL REPORT.

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.
1220.09 MASTER PLAN.

Under the authority of Article III of the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801, et seq.), and other applicable planning statutes, the Planning Commission shall make and adopt a master plan as a guide for development within the Village’s planning jurisdiction.
1220.10 ZONING POWERS.

(a) The Village Council hereby confirms the transfer of all powers, duties, and responsibilities provided for zoning boards or zoning commissions by the former City and Village Zoning Act, Public Act 207 of 1921 (MCL 125.581, et seq.); the Michigan Zoning Enabling Act, Public Act 110 of 2006 (MCL 125.3101, et seq.); or other zoning statutes applicable to the Planning Commission formerly established under the Municipal Planning Act, Public Act 285 of 1931 (MCL 125.31, et seq.).

(b) Any existing zoning ordinance shall remain in full force and effect except as otherwise amended or repealed by the Village Council.
1220.11 CAPITAL IMPROVEMENTS PROGRAM.

To further the desirable future development of the Village under the Master Plan, the Planning Commission, after the Master Plan is adopted, shall annually prepare a capital improvements program of public structures and improvements, showing those structures and improvements in general order of their priority, for the following year.
1220.12 SUBDIVISION AND LAND DIVISION RECOMMENDATIONS.

(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 fifteen (15) days before the hearing by publication in a newspaper of general circulation in the Village.

(b) The Planning Commission shall review and make a recommendation on a proposed plat before action thereon by the Village Council under the Land Division Act, Public Act 288 of 1967 (MCL 560.101, et seq.), as amended. 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 who notice of hearing has been sent. Not less than fifteen (15) days before the date of 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,
1220.13 PERSONNEL; CONTRACT FOR SERVICES.

The Village may employ a planning director and other personnel as it considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the Village Council. This authority shall be exercised by the Village Council, unless a charter provision or ordinance delegates this authority to the Planning Commission or another body or official.
1220.14 GIFTS.
The Planning Commission may accept gifts for the exercise of its functions. A gift of money shall be deposited with the Village Treasurer in a special nonreverting Planning Commission fund for expenditure by the Planning Commission for the purpose designated by the donor.