Muskegon County Model Planning Commission Bylaws
Note: these bylaws can be adapted for any community since the state laws governing
planning have been consolidated. Highlighted text needs to have terms changed for
cities or villages. These can also be adapted for Zoning Boards of Appeal.
1.
Name Purpose
A. The name shall be the ______ Township Planning Commission, hereafter known as the
“Commission”.
B. These Bylaws are adopted by the Commission to facilitate the performance of its duties as
outlined in P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, (M.C.
125.3801 et seq.), hereinafter “the Planning Act”.
C. These Bylaws are also adopted to facilitate the duties of the Commission for administration of a
zoning ordinance as outline in P. A. 110 of 2006, as amended, being the Michigan Zoning
Enabling Act, (M.C.L. 125.3101 et seq.), hereinafter “the Zoning Act”.
2. Duties
A. The Planning Commission shall review any proposed amendments, supplements, or changes in
the Zoning Ordinance, together with boundaries of districts, or regulations therein. After such
review, the Commission shall prepare its recommendation and report and submit it to the Board
of Trustees.
B. The Commission shall review and act on all zoning amendments pursuant to the Zoning Act and
Zoning Ordinance including Planned Unit Development (“PUD”) zoning amendments. At least
one public hearing shall be held on a proposed amendment. After the hearing and deliberation
action shall be in the form of a recommendation to the Township Board.
C. The Commission shall review and act on all special use permits pursuant to the Zoning Act and
Zoning Ordinance. At least one public hearing shall be held. After the hearing action shall be in
the form of a motion which contains (or is included in the minutes) a finding of fact, conclusions,
conditions and a list of reasons for the Commissions’ action.
D. The Commission shall review and act on all those site plans for which the Zoning Ordinance
requires Commission action. Action shall be in the form of a motion which contains conditions,
conclusions and the reasons for the Commission’s action.
E. The Commission shall not act, or otherwise hear issues on Zoning Ordinance interpretation,
zoning map interpretation, or variances. Such matters shall be exclusively the jurisdiction of the
Zoning Board of Appeals.
F. The Commission shall review subdivision proposals and recommend appropriate actions to the
Township Board.
G. The Commission shall review the Master Plan, at a minimum, every five (5) years.
H. At the discretion of the Township Board, the Commission shall review the capital improvements
program (CIP). The review shall include each project to determine the conformance of the
projects with the Master Plan, development policies, and the goals and objectives of the
community.
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I.
The Commission shall, on or before March 1st of each year, make a written report to the
Township Board of the work of the Commission during the preceding year.
J. The Commission shall prepare special studies and plans, as deemed necessary by the Planning
Commission or Township Board and for which funds have been appropriated and approved by
the Township Board.
3.
Membership
A. Number. The Planning Commission shall be comprised of seven (7) members appointed by the
Township Supervisor and approved by majority vote by the Township Board (hereinafter
“Board”)
B. Term. Each member shall be appointed to hold office for a three (3) year term. Vacancies shall
be filled by the Township Board for the unexpired term. Individual Planning Commission
members are encouraged to provide names of interested parties to assist the Township
Supervisor as they execute the requirements of Sec. 125.3815 of the Michigan Planning
Enabling Act of 2008. Note: Application for membership is required on a form provided by the
Township.
C. Objectivity. Each member shall represent and advocate what is best for the community as a
whole, putting aside personal or special interests.
D. Board member. One member shall be a member of the Township Board and shall attend and/or
be familiar with the desires and needs of the Board, surrounding committees and their planning
commissions, and regional multi-county planning agency.
E. Attendance: If any member of the Commission is absent from three (3) consecutive regularly
scheduled meetings, then that member shall be considered delinquent. Delinquency shall be
grounds for the Township Board to remove a member from the Commission for nonperformance
of duty, or misconduct.
F. Resignation. A member may resign from the Commission by sending a letter of resignation to
the Township Supervisor.
4.
Training
Each newly appointed Commission member shall have a minimum of four (4) hours training
annually in planning and zoning. Failure to meet the training requirements may result in the
member not being reappointed to the Commission. The entire Planning Commission shall
participate in quarterly training sessions, e.g., via guest speakers, webinars or other usual
means of training.
5.
Conflict of Interest
A. Commission members shall declare a conflict of interest and abstain from participating in a
hearing or deliberations on a request when any of the following issues is involved.
1. A relative or other family member is involved in any request for which the Commission is
asked to make a decision.
2. The 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.
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3. There is a reasonable appearance of a conflict of interest, as determined by the
Commission member declaring such conflict.
a. The Commission member declaring a conflict of interest should state the nature of the
conflict and whether he/she believes he/she could impartially consider the request
before the Commission. He/she should individually decide to abstain from any
discussion or votes relative to the matter that is the subject of the conflict. The member
declaring a conflict may absent him/herself from the room in which the discussion takes
place, unless doing so would violate his/her constitutionally protected rights to
participate. He/she should not make any presentations to the Commission as a
representative of the proposal.
b. Accepting Gifts. Gifts shall not be accepted by a member of the Commission or liaisons
from anyone connected with an agenda item before the Commission.
c. Not Voting on the Same Issue Twice. Any member on the Commission shall avoid
situations where they are sitting in judgment and voting on a decision which they had a
part in making. As used here, sitting in judgment and voting on a decision which they
had a part in making, at a minimum shall include, but not necessarily be limited to the
following situations.
i. When the appeal is of an administrative or other decision by the Commission and the
member of the Commission sits on both the Commission and Zoning Board of
Appeals.
ii. When the appeal is of an administrative or other decision by any committee of the
Commission, Board or other committee and the member of the Commission sits both
on that committee and Zoning Board of Appeals or both on the Commission and
Zoning Board of Appeals.
iii. When the case is an administrative decision which was decided by the Commission
and sent to the Board for further action, and the member of the Commission sits both
on the Commission and Board.
6.
Ex Parte Communication
A. The Commission desires to conduct all proceedings fairly, to create a record that includes all of
the evidence upon which recommendations and decisions were made, and to prevent the
appearance of undue influence on its recommendations and decisions. To this end, the
Commission members whom experience ex-parte communication are required to disclose the
details of the communication at the Commission meeting after the introduction of the item of
which the ex-parte communication pertained.
B. Commission members may attend meetings held by applicants with adjacent property owners,
however only in the capacity of an observer. If a Commission member does decide to take part
in discussions at said meeting, he/she shall disclose the nature of their participation to the
Commission prior to participating in a hearing or deliberations on a request. The Commission
shall make a determination as to whether or not he/she can impartially consider the request.
1. Free and open debate should take place on issues before the Commission. Such debate
shall only occur at meetings of the Commission.
2. Once a vote is taken and an issue is decided by vote, the duty of each member of the
Commission is to represent the position reflected by the outcome of the vote. Minority
reports and requests for reconsideration may take place only at an open meeting of the
Commission.
C.
Members of a public body shall avoid calling or electronic communication (e.g. email or
texting) with other individual members of that body outside of a public forum. Any
communication outside the public meeting is inappropriate.
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D.
7.
If Planning Commissioners are approached by members of the public wanting to discuss a
zoning case, they need to encourage that individual to come to the public meeting and
express their opinions for everyone to hear.
Misconduct
The Township Board shall provide for the removal of a member of the Commission for
misfeasance, malfeasance, or nonfeasance in office upon written charges and public hearing.
1. Misfeasance: The performance of a lawful act in an illegal or improper manner.
2. Malfeasance: The performance of an unlawful act carried out by a public official.
3. Nonfeasance: The failure to perform a required official duty or legally required act.
8.
Officers
A. Selection of Officers. At the regular meeting in January of each year, the Commission shall
select from its membership a Chair, a Vice-Chair and Secretary. All officers are eligible for
reelection. In the event the office of the Chair becomes vacant, the Vice-Chair shall succeed to
this office for the unexpired term and the Commission shall select a successor to the office of
Vice-Chair for the unexpired term. All other vacancies shall be filled from the Planning
Commission membership at the next regularly scheduled Planning Commission meeting. The
Commission or Secretary may also designate another person who is not a member of the
Commission to be the recording Secretary.
B. Tenure. The Chair, Vice-Chair and Secretary shall take office immediately following their
selection and shall hold office for a term of one year or until their successors are selected and
assume office.
E. Duties of the Officers:
1.
2.
3.
The Chairperson shall preside at all meetings and hearings of the Planning Commission
and shall have the duties normally conferred by parliamentary usage on such officers.
The Vice-Chairperson shall act for the Chairperson in his/her absence.
The Secretary, shall serve as the liaison between the Commission and the designated
staff who is responsible for the execution of documents (e.g., minutes) in the name of the
Commission.
9. Township Board and Zoning Board of Appeals Representatives
A. The Township Board representative to the Commission shall report the actions of the Township
Board to the Commission and update the Township Board on the functions and duties of the
Commission.
B. Zoning Board of Appeals (ZBA) representative to the Commission shall report the actions of the
Zoning Board of Appeals to the Commission.
10. Meetings.
A. Regular Meetings. Meetings of the Commission will be held on ________ at _____ pm at the
Township Hall. When the regular meeting day falls on a legal holiday, the Commission shall
select a suitable alternate day in the same month. The Planning Commission shall hold not less
than 4 regular meetings each year or as often as is determined necessary. An annual notice of
regularly scheduled Commission meetings and application deadlines shall be adopted in
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January of each year. Notices shall comply with P. A. 267 of 1976 as amended, (being the
Michigan Open Meeting Act M.C.L. 15.261 et seq.)
B. Special Meetings. Special Meetings shall be called in the following manner.
1. By the Chairperson or Zoning Administrator.
2. By any two members of the Commission.
3. By the Chair at the request of any non-member of the Commission, upon payment of a nonrefundable fee to cover costs of the special meeting as set in the schedule of fees adopted
by the Township Board.
4. Notice of special meetings shall be given by the Secretary to members of the Commission at
least eighteen (18) hours prior to such meeting and shall state the purpose, time, day,
month, date, year and location of the meeting (the Secretary may delegate this function to
staff). In addition, notices shall comply with P. A. 267 of 1976, as amended, (being the
Michigan Open Meetings Act M.C.L. 15.261 et seq.). Meetings addressing zoning matters
shall additionally comply with the Zoning Act.
5. Special meetings may also be called to act upon or address issues that cannot be delayed
until the next regularly scheduled meeting.
6. Study sessions. Upon the call of the Chairperson or the Planning Commission and with
appropriate notice to the Planning Commission members and the public, the Planning
Commission may convene a work session devoted exclusively to the exchange of
information relating to municipal affairs. No votes shall be taken on any matters under
discussion nor shall any Planning Commission member enter into a formal commitment with
another member regarding a vote to be taken subsequently. However, Planning
Commission members may express their opinions and indicate their probable votes
because of the discussion.
C.
Recess. The chair, or the Commission, after the meeting has been in session for two (2)
hours, may suspend the Commission’s business and evaluate the remaining items on its
agenda. The Commission shall then decide to finish that meetings agenda, may act to
continue the meeting on another day (fix the time at which to adjourn), or complete some
agenda items and continue the meeting on another day to complete other agenda items or
postpone certain agenda items to the next meeting. If applicable, such action shall include
the time, day, month, date, year, and location the Commission will reconvene. If more than
18 hours will pass before the reconvened Commission, public notice shall be given to
comply with P. A. 267 of 1976, as amended, (being the Michigan Open Meeting Act M.C.L.
15.261 et seq.) Upon reconvening, a roll call of attendance shall be the first item of
business before proceeding with the same agenda. The Commission shall resume with the
same meeting agenda, proceeding at the same point where they let off, without the addition
of additional business.
D.
Quorum. More than half the total number of seats for members of the Commission,
regardless if vacancies exist or not, shall constitute a quorum for the transaction of business
and the taking of official action for all matters before the Commission. Whenever a quorum
is not present at a regular or special meeting, those present shall adjourn the meeting to
another day.
E.
Public Records. All meetings, minutes, records, documents, correspondence and other
materials of the Planning Commission shall be open to public inspection in accordance with
the Michigan Open Meetings Act and the Freedom of Information Act, except as may
otherwise be provided by law.
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11. Order of Business: Agenda.
The zoning administrator shall prepare an agenda for each meeting and the order of business shall
be as follows:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
Call to Order
Pledge of Allegiance
Roll Call
Approval of Minutes
Approval of Agenda
New Business
Public Hearings/Public Comment
Correspondence
Unfinished Business
Board reports
Adjourn
12. Hearings.
A. All hearings shall be conducted in accordance with the Michigan Zoning Enabling Act P. A. 110
of 2006, as amended, by P.A. 12 of 2008.
B. Hearing procedure. All public hearings held by the Commission must be held as part of a
regular or special meeting by the Commission. The following rules of procedure shall apply to
public hearings held by the Commission.
1.
2.
3.
4.
5.
6.
7.
Chairperson opens the public hearing and announces the subject.
Chairperson summarized the procedures/rules to be followed during the hearing.
Planner/engineer/other consultants present and overview of the case and staff report
Applicant presents/answers questions.
Members of the public speak or ask questions
Chairperson closes the public hearing and returns to the regular meeting.
Commission begins deliberation and arrives at a decision.
C. Rules for speaking.
1. To ensure everyone has the opportunity to speak, the chairperson may elect to limit the time
permitted for each person to speak, except that the applicant may be permitted additional
time as the chairperson allows. The chairperson may also elect to allow persons to speak
only once, until all persons have had the opportunity to speak, at which time the
chairperson, in his/her discretion, may permit additional comments.
2. All comments by the public, staff and Commission members shall be directed to the
chairperson. All comments shall be related to the topic of the request or purpose of the
hearing; unrelated comments shall be ruled out of order.
13. Decisions
A. Parliamentary Procedure. Parliamentary procedure in Commission meetings shall be generally
governed by Roberts Rules of Order (Newly Revised) except where the Commission determines
that other procedures are necessary to ensure fairness or for the convenience of the
Commission, or except where state statute or local ordinance direct otherwise.
B. Basis of decisions. The Planning Commission shall (1) use ordinance standards as the basis for
making decisions, (2) use public comment for informational purposes only, not as a head count
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to determine approval or denial and (3) not engage in searching for ways to assist an applicant
to attain what they want.
C. Tabling. Any member of the Planning Commission may request tabling of an agenda item for
the purpose of attaining additional information that will assist the Planning Commission in
making the best possible decision. Planning Commission members that have a conflict of
interest in an agenda item shall not be allowed to make a request to table or postpone the item
that they have a conflict of interest in.
D. Motions. Motions shall be restated by the chairperson before a vote is taken. The name of the
maker and supporter of a motion shall be recorded.
E. Voting. An affirmation vote of the majority of 2/3rds the Commission membership is required to
adopt any part of the Master Plan or amendments to the plan (MCL 125.328). Unless required
by statue, other actions or motions placed before the Commission may be adopted by a majority
vote of the membership in attendance, as long as a quorum is present. Voting shall be by voice
vote; a roll call vote shall be required if requested by any Commission member or directed by
the chairperson. A roll call vote is also required of the adoption of the master plan, or
amendment to the plan. All Commission members, including the chairperson, shall vote on all
matters, unless a conflict of interest is involved.
F. Commission Action. Action by the Commission on any matter on which a hearing is held shall
not be taken until the hearing has been concluded.
14. Planning Commission Packets
The agenda and complete packet of accompanying material shall be mailed or personally delivered
to Commission members at least one week prior to the regular meeting date.
15. Fiscal Year
The fiscal year of the Planning Commission shall be the same as that of the Township.
16. Compensation
Members of the Planning Commission may be compensated for their services as provided by
resolution of the Township Board.
17. Bylaw Adoption & Amendments
These Bylaws of the Planning Commission will be reviewed and adopted by a majority vote. A copy
of the Bylaws adopted shall be distributed to each Planning Commission member. These bylaws
may be amended at any meeting by a vote of the majority of the members of the Planning
Commission at any regular meeting, if notice of the proposed amendment shall be delivered to all
members of the Planning Commission at least seven (7) days before the regular meeting at which
they are to be considered. All bylaws and parts thereof which conflict with any of the terms of these
bylaws are hereby rescinded. Where a conflict exists between these bylaws and State laws, or
local ordinances governing Township zoning and planning, such laws and/or ordinances shall
govern.
The rules were adopted following a motion by Commissioner _______and supported by Commissioner
_______ Dated: ___________________
________________________ Chairperson, Planning Commission
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