ORDINANCE NO.   3-2011

Secord Township Ordinance to Confirm the Establishment of a Planning Commission with Zoning Authority

Preamble

An ordinance to confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the Secord Township Planning Commission; provide for the composition of that planning commission; provide for the powers, duties and limitations of that planning commission; and repeal any ordinance or parts of ordinances or resolutions in conflict with this ordinance.

THE TOWNSHIP OF SECORD, GLADWIN COUNTY, MICHIGAN, ORDAINS:

SECTION 1:  Scope, Purpose and Intent

This ordinance is adopted pursuant to the authiortiy granted the township board 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 Secord Township Board shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the Secord Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq.

SECTION 2:  Establishment

The township board hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the Secord Township Planning Commission formerly established under the township Planning Act, Public Act 168 of 1959, MCL 123.321, et seq.

The Secord Township Planning Commission shall have seven members.  Members of the Secord Township Planning Commission as of the effective date of this ordinance shall, except for an ex-officio member whose remaining term on the planning commission shall be limited to his or her term on the township board, 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 33 of 2008, MCL 125.3801, et seq.

SECTION 3:  Appointments and Terms

The township supervisor, with the approval of the township board by a majority vote of the members elected and serving, shall appoint all planning commission members, including the ex-officio member.

The planning commission members, other than an ex-officio member, shall serve for terms of three years each.

A planning commission member shall hold office until his or her 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 township except that one planning commission member may be an individual who is not a qualified elector of the township.  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 township, in accordance with the major interests as they exist in the township, 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 township to the extent practicable.

One member of the township board shall be appointed to the planning commission as an ex-officio member.

An ex-officio member has full voting rights, An ex-officio member’s term on the planning commission shall expire with his or her term on the township board.

No other elected officer or employee of the township is eligible to be a member or the planning commission.

SECTION 4:  Removal

The township board may remove a member of the planning commission for misfeasance, malfeasance or nonfeasance in the office upon written charges and after a public hearing.

SECTION 5:  Compensation

The planning commission members may be compensated for their services as provided by township board 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 township board, including, but not limited to attendance at conferences, workshops, educational and training programs and meetings.

SECTION 6:  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.  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 the opportunity for reelection as specified in the planning commission bylaws.

The planning commission may also appoint advisory committees whose members are ot members of the planning commission.

SECTION 7:  Bylaws, Meetings and Records

The planning commission shall adopt bylaws for the transaction of business.

The planning commission shall hold at least four regular meetings each year, and shall by resolution determine the time and place of the 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 otherwise provide, the secretary shall send written notice of a special meeting to planning commission members at least 48 hours before the meeting.

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.

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 a 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 1086, MCL 15.231, et seq.

SECTION 8:  Annual Report

The planning commission shall make an annual written report to the township board concerning its operations and the status of the planning activities, including recommendations regarding actions by the township board related to planning and development.

SECTION 9:  Authority to Make Master Plan

Under the authority 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 a master plan as a guide for development within the township’s planning jurisdiction.

Final authority to approve a master plan or any amendments thereto shall rest with the planning commission unless the township board passes a resolution asserting the right to approve or reject the master plan.

Unless rescinded by the township, any plan adopted or amended under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq., need not be readopted under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq.

SECTION 10:  Zoning Powers

The township board hereby confirms the transfer of all powrers, duties, and responsibilities provided for zoning boards or zoning commissions by the former Township Zoning Act, Public Act 184 of 1943, MCL 125.271, et seq.; the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq.; or other applicable zoning statutes to the Secord Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq.

Any existing zoning ordinance shall remain in full force and effect except as otherwise amended or repealed by the township board.

SECTION 11:  Subdivision and Land Division Recommendations

The planning commission may recommend to the township board 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 that 15 days before the hearing by publication in a newspaper of general circulation within the township.

The planning commission shall review and make a recommendation on a proposed plat before action thereon by the township board under the Land Division Act, Public Act 288 of 1967, MCL 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 hearing shall be sent.  Not less that 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 township.  Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.

SECTION 12:  Severability

The provisions of this ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a court of competent jurisdiction, it shall not affect the remainder of the ordinance, which shall continue in full force and effect.

SECTION 13:  Repeal

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.  The resolution or ordinance establishing the Secord Township Planning Commission under the Township Planning Act, Public Act 168 of 1959. MCL 125.321, et seq., is hereby repealed.

SECTION 14:  Effective Date

This ordinance shall become effective eight (8) days after publication thereof.  Adopted by the Township Board, Township of Secord, Gladwin County, Michigan at the meeting of the Township Board held on the fifteenth day of June 2011

Dated:     June 15, 2011                                                     ___________________________

                                                                                                                                Vincent C. Barry, Jr.

                                                                                                                                Secord Township Supervisor

Dated:     June 15, 2011                                                     ___________________________

                                                                                                                                Kathy Wilton.

                                                                                                                                Secord Township Clerk

CERTIFICATION

The above Ordinance No.: 1-2011 was adopted at a meeting of the Secord Township Board on the fifteenth day of June 2011, and published in the Gladwin County Record, a newspaper of general circulation in the Township of Secord on the twenty second day of June 2011.

Dated:     June 15, 2011                                                     ___________________________

                                                                                                                                Kathy Wilton.

                                                                                                                                Secord Township Clerk