Planning Commission Bylaws and Rules of Procedure
Article I: Name
Sec. I The name of the organization shall be the “CITY OF STANDISH PLANNING COMMISSION.”
Article II: Authority
Sec. 1 These by-laws and rules of procedure are adopted by the City of Standish Commission pursuant to the Michigan Municipal Planning Act, Public Act 285 of 1931, as amended; the City or Village Zoning Act, Public Act 207 of 1921, as amended; the Michigan Subdivision Control Act, Public Act 59 of 1978, as amended; the Michigan Condominium Act, Public Act 288 of 1967, as amended; and the Michigan Freedom of Information Act, Public Act 442 of 1976, as amended.
Article III: Members
Sec. 1 Membership Composition. The City of Standish Planning Commission membership shall consist of the Mayor of the City, by virtue of his or her office; one (1) of the administrative officials of the City selected by the Mayor; and one (1) member of the City Council selected by the Council, who shall serve as members ex officio. The City of Standish Planning Commission membership shall also consist of six (6) other persons who shall be appointed by the Mayor.
Sec. 2 Compensation. All appointed members of the commission may be compensated at a rate to be determined by the appointing or legislative body of the City.
Sec. 3 Restrictions. An appointed member shall not hold another municipal office except that one (1) of the appointed members may be a member of the zoning board of adjustment or appeals or a member of a joint fire administrative board.
Sec. 4 Terms of Office. The terms of ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the Mayor shall terminate with the term of the Mayor. The term of each appointed member, if six (6) members are appointed, shall be three (3) years or until his or her successor takes office except that the respective terms of two (2) of the members first appointed shall be for one (1) year and two (2) for two (2) years.
Sec. 5 Removal. After public hearing, a member other than the member selected by the City Council may be removed by the Mayor for inefficiency, neglect of duty, or malfeasance in office. The City Council may for like cause remove the member selected by the Council. Any member missing three (3) consecutive regular meetings of the Planning Commission or at least twenty-five percent (25%) of the regular meetings during any given calendar year shall be automatically deemed negligent of duty and shall be removed from the Planning Commission after a public hearing before the City Council.
Sec. 6 Vacancies. A vacancy on the commission occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Mayor in the case of a member selected or appointed by the Mayor and by the Council in the case of the member appointed by Council.
Sec. 7 Voting Rights. All ex officio members, in addition to appointed members, shall have full voting rights.
Article IV: Officers
Sec. 1 Selection. The City of Standish Planning Commission shall elect its Chairman from amongst the appointed members of the Commission. The Commission shall also elect a Secretary from amongst its appointed or ex officio members and may create and fill such other of its offices as it may determine to be necessary.
Sec. 2 Terms of Office. The terms of the Chairman, Vice Chairman, and Secretary shall be one (1) year in length or until their successors are elected, with eligibility for re-election.
Sec. 3 Duties. The Chairman shall preside over all meetings of the Planning Commission and shall perform the duties prescribed by these by-laws and by the parliamentary authority adopted by the Planning Commission. The Vice Chairman shall perform the duties of the Chairman in the absence or disability of the Chairman. The Secretary shall be responsible for keeping a written record in the English language of the resolutions, transactions, findings, and determinations of the Planning Commission, which record shall be a public record subject to the provisions of the Michigan Freedom of Information Act, Public Act 442 of 1976, as amended. The Secretary shall also be responsible for the preparation and dissemination of Planning Commission meeting agendas and materials and proper posting of Planning Commission meeting and public hearing notices pursuant to the Michigan Open Meetings Act, Public Act 267 of 1976, as amended. The Secretary shall also perform other duties as prescribed by these by-laws, and the parliamentary authority adopted by the Planning Commission.
Sec. 4 Vacancies. If a vacancy should occur in any office, the Planning Commission shall elect another person to fill such vacancy in the same manner and under the same conditions outlined above for the remainder of the term of said office.
Article V: Meetings
Sec. 1 Regular Meeting. The City of Standish Planning Commission shall meet on the third Wednesday of each month unless otherwise ordered by the Chairman of the Planning Commission at a time to be established by rule of the Commission.
Sec. 2 Annual Meeting. The regular meeting of the Planning Commission in January of each year shall be known as the Annual Meeting and shall be for the purpose of electing officers, receiving annual reports of officers and committees, and for any other business that may arise.
Sec. 3 Special Meetings. Special Meetings may be called by the Chairman or by any two (2) members of the Planning Commission upon written request to the Secretary. The purpose of the meeting shall be stated in the call. The business which the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Michigan Open Meetings Act. Public notice of the time, date, and place of the special meeting shall be given in the manner required in the Open Meetings Act, and the Secretary shall send written notice of a special meeting. All public hearings without a quorum present shall be rescheduled for the next regular or special meeting and no additional public shall be required, provided that the date, time, and place for the rescheduled public hearing is announced at the meeting.
Sec. 4 Quorum. Five (5) members of the Planning Commission shall constitute a quorum of the Commission for the conduct of business. When a quorum is not present, no official action of the Commission, except for closing of the meeting, may take place. The members of the Commission may discuss matters of interest, but can take no action until the next regular or special meeting. All public hearings without a quorum present shall be rescheduled for the next regular or special meeting and no additional public notice shall be required, provided that the date, time, and place for the rescheduled public hearing is announced at the meeting.
Sec. 5 Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Michigan Open Meetings Act and the relevant enabling act under which public hearing is being held. Public hearings conducted by the Planning Commission shall be run in an orderly and timely fashion, which shall be accomplished by adhering to the following public hearing procedure:
A. Opening Announcement. The Chairman shall give an official opening announcement of the public hearing indicating the basic nature of the request and citing how public notice was provided of the hearing.
B. Announcement of Order of Hearing. The Chairman shall explain the order of the public hearing as being as follows:
- Explanation of the request as received by the Commission.
- Review and recommendations by Planning Commission staff and consultants.
- Comments and explanations by applicant.
- Questions by the Planning Commission.
- Responses by staff, consultants, and/or the applicant.
- Opening of hearing for public comments.
- Closing of hearing to public comments.
- Consideration of action by the Planning Commission.
C. Rules of Conduct. The Chairman shall then announce the rules of conduct of the public hearing as follows: (1) All comments shall be addressed to the Chair; (2) Each person shall be given an opportunity to be heard, but second comments will not be permitted until every person has had the opportunity to speak for the first time; (3) In the interest of fairness to the public, statements from the floor should be as concise as possible; (4) The Chairman reserves the right to terminate a presentation or ask for a summation if comments become excessively repetitive or stray from the issues at hand; (5) For large hearings, a time limit of three (3) minutes per person shall be placed on public comments; (6) At all times during the public hearing, the Chair expects courtesy from all participants and catcalls, booing, or other outbursts from the public shall not be tolerated; and (7) Decisions of the Planning Commission shall be based upon findings of fact based upon proper facts and accepted principles of planning.
D. Presentation of Proposal. The Chairman shall then turn the meeting over to the Commission’s staff and consultants present their reports of findings of compliance with local ordinances and requirements; conformance with desirable and established principles of development; conflicts and discrepancies; recommendations; and answers to questions from the Commission for reasons of clarification. The applicant presents a brief review of the project proposal; responds to questions raised by the Commission’s staff and consultants’ responds to questions by the Commission; and states for the record any changes to the proposal which will be made to correct problems noted.
E. Opening of Hearing to Floor. The Chairman then opens the public hearing to comments from the floor, reminds the public of the rules of conduct, and indicates that once a person has been recognized by the Chair they shall stand and give their name and address and a concise statement of their questions and/or concerns. In the event of large hearings, the Chairman may encourage groups in attendance to be represented by a spokesperson. When individual time limits have been imposed, the Chairman reserves the right to limit the amount of time allocated to a spokesperson to avoid filibustering. The Chairman may elect during the course of public comments to obtain brief answers from the Commission’s staff or consultants or from the applicant if such comments may expedite the hearing. The Chairman shall receive for the official record any letters and/or petitions received by the Commission regarding the matter at hand and shall read and/or summarize these materials.
F. Closing of Public Hearing. When all public comments have been