HomeMy WebLinkAboutPlanningBoardPoliciesProcedures-1980 POLICIES AND PROCEDURES
OF THE
LANSING PLANNING BOARD
City of Lansing
October, 1973
and
as amended
February, 1977
and r
October, 1979
TABLE OF CONTENTS
Part I Responsibilities, functions and powers of the
Planning Board . . . . . . . . . . . . . . . . 1
Part II Rules of Administrative Procedure . . . . . . . . 5
Section 1 .0--Officers and Ex officio Members . . 5
Section 2.0--Duties of the Secretary . . . . . . 6
Section 3.0--Meetings . . . . . . . . . . . . . . 6
Section 4.0•--Hearings . . . . . . . . . . . . . . 10
Section 5.0--Committees . . . . . . . . . . . . . 11
Section 6.0--Matters to be acted upon by Staff
on behalf of the Board . . . . . . . 13
Section 7.0--Planning Board Staff . . . . . . . . 13
Section 8.0--Amendments in Rules of Procedure . . 15
Appendix A, Act 285, Public Acts of 1931 , as amended. . . . . i
Appendix B, Reference of Applicable Planning Legislation . . v
Reference Selections . . . . . . . . . . . . . vi
i
PART I
d powers- and powers are
ctions an y ies <, sanctions in Act
des on a i'Cies dun onsibi 602 and primarily 581) °
a - basic resp 5�� a 9 MCL.A 125
®" � �ard ' 6� Section as amended functions are
Planning Chapter r 19�1 Board
to of Mi ch'b Ban ��� 1 anni ng
The fans�g �
n Arta cl e the Sta and ands wha ch
contains Acts of ect
Z85 Public 1',,,Is rel at
Additional end' B° main
reSponsibili'cies �
ax the m
listed in App f®rl of
a simPli'�ied
contains
of
list st c of the Board o
development the
foil®wing sisal
The and powers plan for the C��hy
functions aster
e and adopt a of -the Plan.1) T® mak and un�Vr��tanding
Coruna tY° public utility
in encies 9
offi
public interest and ag organizations' an
To promote p public Tess'gals other revising the Plan.
2) advi5e with p rofess zonal and revising
T® Consult and educationals p lementing or condim
Civic9 rotec't imp resent
3) Companies in relation top and studies of
to its rela�
with citizens ive sur�'eys with due
ul and Comprehethe m�n_1 Ci dal aY
To matte caref rowth of Public Act 285 as
4) and future g territory° with
tions neighboring in aLccordance
tion t0 proposals
public works p ublic structures
To review P o'f p
5) amended.
-mated and comprehensive programs
Coord enter upon any land,
To m,TO s° their• functions) may monuments and
6) rovementnecessary
and amp' ers (in perf surVeys,Of lace and maintain
Board memh bons and to enable
7) eacamana as }nay be of
fe the City charter
es
make Sher such powers purposes
eon° shall have
marks Board sha out the p
the ions or carry
8) In general ill its fund Ordinance or Zoning Map
it 'the Municipal Codes* is to the Zoning
and mend amendments
reCom subdivisions° become part of the
9) The Board may;sting plans
for nevi or subdivision
or
restriCt:�®ns on
p,eguirems dinance or V'iap°
10) Z.oning
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recorded un-it
or
co be �i ledSubdivision
Or Boarand isd (see Appendix A
a subdivis�°n
11) Flo Pla-d°by the Planning ithin six' y
approve„
e�®ve a Pla'�, wPev�ew°')
Rey�ew ) modify or dvsa.pp„SubdiNJision
to approve endi`' A' ding a hearing
12) _he Boars s submission (see App . affording
Board wi o lout
(60) day on by the ae �
to be acted On peview ) - dditi°n or detail
d avision 3 dmak ' a
13) lVo Plat is
A aeSub � to be deemed an an1�.n ^1 c
(see App use,
approved p� Plan the appl i cant °bui l d'�"
1�l) Every Municipal ,e 1r9ith governing
of the the power to agr nts restr-1 ct-i ono t viol ate the
shall have ui rem`r®v i ded these i do
p ev.i ew")
The board or bulk re°' reports
15) height' area , subdivisio isq P A' "Subdivis fans and rep .
or premises an see App ref imina�`y plans geneval
Ordinance ( all P o includi09 es' parks
honing bridg
ti review � '
aired �,° of the citJ viaducts s and other
Board is require
develoPmeA'. of streets' lie build�b�ic utilities
16) hys,Cal of p
®g able p actor and ext In ocati on extent of public
on char the genera location
end l.cviews .)
locate Open spaces eneral opubl is U,lOrics ��
and ®h Property See p,ppendix A' A nce with economic sources
public Is. ( con7 0�ma
development
17) in
To promote eof Jansin9'
of the City s to review the '�°ll0w�ng°ing' vacatingound abandon-
of
Board i narrow way' gr ,
18) The Planning cation' widening� � any public Public �Crks
l relo extension o`' A endix A'
A° Thh etchange °1 use
or Pr°per'Lles (see pp
me t of 'che reel inning a.nd .
spaces' building See Appendl\<
geview1,) a extent and 1 a and slum areas
al character' districts
The goner of blighted
b° redeugbanmRenewal P\ev-iew ) `glans berore publication-
planning"
A and pl a
reports the city
C° All ror in the honing
rovements Program changes
Do Capi'cal Imp or staff proposals for
Lions and board
DirectOr shall
E. Pet' the Planning lio
other n by the
Ordinance° 1 to essential
considers
matters or as any member or essentia
find it advisable
Planning Boar
Under Public Act Michigan `c I" Act to
19) Referral the State 0 create the
public Acts of 1931 Of al. planning and to cr for
Act 285 of the Pub vi 11age and munic"P' n and to Provide penalties
groVide Tor city,
of a planning
Commissio
,nd duties 0 this Act.
powers i the Provisions d a Master plan, nO .
violations Of Board has adopted . space or public
planning or opt: munici-
hat if a ic Way, ground zed in the
this Act states t other publ Istructed or authorised shall have been
square, park or plat shall be
street, ,ture shall be CM and extent there
or structure character - . .es that no d and such
building til -the location,
. curther Sca?�
pality Un Board. The Act. further
by the Planning Boar
fed by the , is aggroV t by the Chairman or Secretary of
approved rded Until it On the plat
filed Or reco in writing Board Shall
approval entered L the planning
the Board. f Lansing states thal.c.tions of planning
the City 0 ers and fU' such amendments
The charter Of all of the POW of 1931 and
possess and exercise 5 of the Public Acts
der Act 28 ted.
Commissions Un g acts as may be enac as stated In the
superseding carry
out its function e state Of
and to C a 1131 Of the city
Planning Board, in Order Public Acts Of nts Of the
t 285 of the m all departmeth, city's
The
City charter and in Act cooperation from
' - n must have full jurisdiction Within
Michigan, public agencies With
and from al o planning Board can
boundaries° t the approval or denial by thcil , or if the public
City Council , which does
should be noted that
vote of the), utility be one City COUY-Jc1l;
It :. Of the
overruled by ace
1� Cture 0 ince Overrule
be 0\1 space, buildings
structure, the 1rO`U Iction may
Way grounds City Charters fall With' such j risd*
not under the ssion or Body having of its membershiP,
then the Board, COD"" vote
he,( Board by a Z13 majority and agencies to Comply
the planning tments, boards Board
e Planning
for depa City Charter tie he statutes
of the C1 ?
,Ln order to make theeprovisions1. IMPiement t5 and ral procedures.
With Act 2111 ndard refer
shj�ll establish Sta I be adhered tOz
the following procedures Shal agency involved informally
.0jec ins
t, the,f to discuss the Project and
formation of the PY �_ St
A. During planning the planning 9epartment. a
contacts the community. . �Ct to Planning Board Or'
probable affect On formally refers PrOJe of the project�)
nature to the Master
B. Agency proposing project and Will specify the .'t conforms ie plans or any
referral forms ' and �qhether or not I landscaPnn-in, Boar, at
Standard refer,nd Purpose 01ding PlansD
and iMinary bul
its site p ,ell submitted to the Planning
Plane materials should be
other relevant the project Will go L.0
this time° complete in which
J report are sixty (60) days
staff analysis an, 1 have S' Inge, a public
Ca After Planning Board Who W" of a Master Plan Chi 1 be notified
the In the case _ies concerned will
before Project. .11 paru hearing.
act on said be required and a(15) days Prior to said
hearing Will and place fifteen
of the time -3-
Board will come to a decision and will will notify the City
iill issue a certificate
De The Planning B licant agency, d
of approval or denial to the app
Council of its recommendation(s) m Board
"All matters referred or presented to the Planning®epart-
Ea forRef study
of the
Depart-
for study and recommendation before
ment at least ten (10) days befo
unless the rules are suspended by a vote of six members e
Board
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i
t
t
PART TI
Rules of Administrative Procedures planning Board to
rocedure are adopted by the City
The following rules of p
of its respon-
facilitate the performance of its duties and the exercising
sibilities, functions and powers.
Officio Members
Secti
on 1 .0 Officers and Ex- t
1 .1 Selection the voting
uly meeting, elect from among erstin of
The Board shall , at theerson and Vice Chairperson. Chairpersons
members, a Board Chairp Committees
at
n and Ordinance and Urbah Development will e
the Zoning the voting members of the Co Chairperson.
elected by appointment by the Board
their first meeting following pp 2 consecutive terms.
their
Board Chairperson shall serve over two ( )
Director shall be the designated Secretary of the Board4
The Planning D Director shall appoint a member
In the event of absence, the Planning designee.
of the planning staff as a secretary
nni ncs Board
Ex Members of- the Pla - Charter requires that
Article 5, Chapter 6, Section 5-601 of the City
bers
the City Council shall nominate and appoint two C for calonemyear term
shall serve as ex-Offieachmembers, without votes
commencing in July .
1 .2 Tenure ce following selection and
The Chairpersons shalla take o termfflone� (1)dyearlor until their successors
shall hold office for
are selected and assume office.
1 .3 Duties of the Officers perform such
The Board Chairperson shall preside at all meetBoard.s and
A. T be ordered by the Planning
other duties as may
d Chairperson shall appoint all committee The Chairperson members for a may
rm
B. The Boar except the Executive Committee.
of one (1) year ,
reassign members when the situation requires.
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C. The Vice Chairperson shall act in the capacity of the Board Chair-
person in the event of absence. In the event the office of the Chair-
person becomes vacant, the Vice Chairperson shall succeed to this
office for the unexpired term.
D. The Board Chairperson and the Planning Director shall be ex-officio
members of all committees.
E. The Secretary shall execute all documents in the name of the Board,
perform the duties hereinafter listed and shall perform other such
duties as the Board may determine.
Section 2.0 Duties of the Secretary
2.1 Minutes
A. The Secretary shall be responsible for maintaining the minutes of
Board meetings and shall have them available in suitable volumes.
Copies of the minutes shall be distributed to all voting Board members
prior to the meeting at which they will be considered.
B. The minutes of the Board meetings , as approved, shall be filed in the
office of the City Clerk as a public record and no official action
taken by the Board at any meeting shall be validated or effective
until a copy of the minutes of the meeting at which such action was
taken shall be filed with the City Clerk.
2.2 Records -- The Secretary shall be responsible for keeping a record of all
of the Board' s transactions.
2.3 Communications , Petitions, Etcetera -- All communications, petitions and
reports shall be addressed to the Board and delivered or mailed
to the Secretary.
Section 3.0 Meetings
3.1 Regular Meeting
Meetings of the Planning Board will be held on the first and third Tuesdays
of every month at 7:30 p.m. in City Hall and at such other times and places
as designated by the Board at a regular meeting.
In compliance with Section 5 of the Open Meetings Act, the Planning Board
shall post the dates, times and places of its regular meetings within ten
(10) days after the first meeting of the Board in either the fiscal or
calendar year. Any changes in the regular meeting schedule must be posted
within three (3) days after the agreed upon change and such change shall be
posted at least eighteen (18) hours before the rescheduled regular meeting.
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3.2 Special Meetings
A. Special meetings shall be led at of thethe BoardgUest of Noticetof ppeche dialhair-
person or of five (5) members
meetings shall be given by the Secretary
such meeting and
ao members
shall the
stateBoard
at least eighteen (18) hour Prior public notice of the special
the date, time and place of the meeting.
meeting shall state the date, time and place of the meeting and shall
be posted at least eighteen (18) hours before the meeting.
If the Secretary is unable to contact the Board members, notice shall
be left at the members usual place of residence. Notwithstanding,
the foregoing requirements for the calling of special meetings, any
special meeting of the Board be a legal special meeting if a quroaum
is present. At the time of sending out or the delivery of spec
meeting notices, copies shall be provided t the
seofiices f tthe
daily
iProof newspaper published in .h Y
required by this section or of the wa,Iver thereof shall be entered in
the journal of su:.h meetings.
B. Meetings closed to the public may be held, but shall be in accordance
g
with the Open Meetings Act (Public Act 267 of 1976) . Aat closed
roll call
meetin
may be held by the Board upon a two-thirds (2/3)
affirmvote. Closed meetings shall be held only for the following reasons :
a. To consider the purchase or lease of real property up to the time
the option to purchase or lease that real property is obtained.
b. To consult with legal staff regarding trial or settlement strategy
in connection with specific pending litigation but only when an
open meeting would have a detrimental financial effect on the
litigating or settlement position of the public body.
c. To consider material exempt from discussion or disclosure by State
or Federal statutes.
3,3 Public
All regular and special meetings, hearing, records of the Board, its
resolutions , transactions, findings and determinations, as well as acts
shall be open to the public.
The
heepiblic shall be give!"i reasonable
opportunity to be hear
d at The minutes of closed meetings sshall be documented in accordance with the
Open Meetings Act (Public Act 267 of
3.4 Quorum
nsaction of
A. Five (5) members shall�lcooftofficialitute a ga�tionrum fexcept noor the officialaction
business , and the taking
shall be taken as to the adoption of a Master Plan, any part
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of a Master Plan, or to recommend the rezoning of property to the
City Council without six (6) affirmative votes . Any amendment to
a motion is by majority vote of the members present.
B. Whenever a quorum is not present at a regular or special meeting,
those present may adjourn the meeting to another day or may meet as
a Committee of the Whole for the purpose of considering such matters
as are on the agenda. No action taken at such a meeting shall be
final or official , unless and until ratified and confirmed at a
subsequent meeting at which a quorum is present.
3.5 Disqualification
Planning Board members are urged to abstain from voting on any issue
where there mtty exist a greater than remote personal interest in that
issue, or where there may be the appearance of a conflict. Particularly
when those issues in,!olve a members own pecuniary interest, affect his
or her employer, or bear on some other fact associated with that issue,
that member should state his or her interest. Where abstention is not
voiced, the Board may permit said member to vote on 'the subject issue
if 2/3 of the remaining, present members vote to do so. In the event
of abstention, the reason for the abstention shall be stated in the
official communication from the Board Secretary.
Judicial opinions regarding an employer/employee relationship provides
the following guides for determining when that interest is too remote,
absent other facts ; an employee without substantial management respon-
sibility and owns less than $25,000 stock.
This transaction shall occur prior to every instance of the abovementioned
potential conflicts of interest following the introduction of the issue
into the business of the meeting. A record of such votes shall be entered
into the records of the meeting. ANY MEMBER OF THE E'.)ARD WHO IS SO
DISQUALIFIED SHALL 140T SUBSEQUENTLY INTERCEDE ON BEHALF OF ANY SUCH MATTER
WITH MEMBERS OF THE COUNCIL AND/OR OTHER UNITS OF GOVERNMENT.
3.6 Attendance
A. Board members shall be regular in attendance. In thz: eveni a Board
member is absent from three consecutive, or twenty-fire percent (25%)
of the regular meetings in any calendar year, unless such absence is
excused, will constitute ground for dismissal from the Planning Board.
A majority vote of the Planning Board is required to recommend dis-
missal of any Board member to the Mayor.
Any Board member may request a hearing before the Planning Board to
allow the Board member under consideration for dismissal a chance to
explain his or her absences. A majority vote of the members present
is necessary to approve such a hearing. If a hearing is held, the
subject member shall be given fifteen (15) days notice via certified
mail .
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At the hearing any member may move to excuse, warn or dismiss that
meoiber. A majority vote of the remaining members is necessary to
approve such a motion. These actions shall be recorded and trans-
mitted to the Mayor.
B. Such procedures do not prohibit a member from voluntarily resigning
from the Board.
C. Following the roll call of Board members at any meeting the Chairman
shall ask if any of the absent members had requested that their
absence be excused. The Planning Director or any member of the Board
will relate to the Board any such request made to them and the
reasons for that request. A motion to excuse or not excuse that
member may be approved by a majority vote.
3.7 Order of Business
Agenda- The Secretary shall prepare an agenda for each meeting and the
order of business shall be as follows:
I . Roll Call
A. Excused Absences
B. Staff Requested to Attend Meeting
C. Apprual of Agenda
2. Hearings
A. Advertised Public Hearings
B. Members of the Audience Wishing to Address the Board
Recess (if desired)
3. Business Session
A. Approval of Minutes
B. The remainder of the agenda shall contain the following
categories:
(1 ) Committee reports from each of the regular or special
committees of the Board
(2) Planning Director's Report
(3) Other Communications
�4) New Business
5) Adjournment
The Secretary of the Board is authorized to rotate these agenda
categories based upon the importance of issues before the Board
at a given meeting.
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3.8 Motions
Motions shall be restated by the Chair before a vote is taken. The nram's
of persona making the motion and its second shall be recorded and
transmitted to the City Council .
3.9 Voting
Voting shall be recorded by verbal yeas and nays, unless otherwise
ordered by the Chairperson.
3.10 Board Action
Action by the Board on any matter on which a hearing is held shall not.
be taken until the hearing has been concluded.
3.11 Parliamentary Procedure
Except where otherwise specified, meetings shall be conducted according
to Robert's Rules of Order, with the excep-i,ion that the Chairperson sha'Fl
have a vote.
Section 4.0 Hearings
4.1 Master Plan and Zoning Hearin sue.°
A. Before the adoption of any part of the Master Plan as defined in
Section 6 of Act 285, Public Acts of 1931 , as amended, or any
amendment of the Master Plan, or recommending approval of an
amendment to the Lansing Zoning Ordinance to the City Council , the
Board shall hold a public hearing on the matter.
B. Notice of the time and place of the hearings shall be given not
less than fifteen (15) days prior to such hearings by one publica-
tion in THE STATE JOURNAL, by the City Council Proceedings and by
certified mail to each public utility or railroad within the
geographical sections or divisions of the city affected.
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4.2 Special Hearings
Public notice of special hearings for the purposes of presenting
preliminary master plans, obtaining public opinion on problems or
discussion of a particular problem with interested parties will be
given in the most practical manner and to persons or group represen-
tatives most interested not less than 18 hours prior to the meeting.
4.3 Motice of Decision
A written not-ice containing the decision of the Board will be sent to
petitioners and originators of a request for the Board to study a special
problem. Such .notice will also be sent to the City Council along with
details of the petition and the circumstances involved in arriving at
said decision.
4.4 Publicity
All public releases regarding committee discussions and decisions
reached at the Business Session of the Planning Board, or releases of
any other information relating to the work of the Planning Board shall
be made by the Chairperson or the Secretary, with approval of an
Executive Committee member.
Section 5.0 Committees
5.1 Standing Committees
There shall be the following standing committees:
Ao Executive--Shall be composed of the Board Chairperson, Vice Chair-
person and the Chairpersons of the Zoning and Ordinance and Urban
Development Committees. The Board Chairperson shall serve as
Chairperson of the Executive Committee and may call on other non-
committee Board members to attend those committee meetings where
additional input is required.
B. The Executive Committee shall act for the Board on occasions when
immediate action is necessary providing such action is lawful and
in accord with these rules, The Committee may provide group counsel
to the Planning Director on matters such as the budget and work
program. The Committee may review➢ modify and recommend to the
Board development policies for the revision of the Comprehensive
Development Plan of the City.
B. Zonin and Ordinance Committee--Shall be composed of not less than
four 4 members, who shall review all petitions and recommendations
regarding Zoning Ordinance changes, rezonings, special use permits,
planned unit development, lot splits, right-of-way maintenance,
subdivision plats and zoning code enforcement.
C. Urban Develo ment Committee--Shall be comprised of not less than
our 4 members, who shall review all petitions, plans, referrals
and recommendations regarding Master Plan and amendments to neigh-
borhood plans, urban renewal , relocation and rehabilitation plans,
capital improvements, housing and transportation, economic develop-
ment, development of the Department's information system and advise
and recommend to the Board on the socio-economic aspects of neigh-
borhood and other physical development plans.
5.2 Committees may recommend to the Board on methods of improving their
operational procedures.
5.3 All Committee recommendations will be included in the Department Report
and be available for review prior to Board meetings.
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Section 6.0 Matters To Be Acted Upon By Staff on Behalf of the Board
6.1 Actions by Planning Staff
A. The Planning Director shall take action or make recommendations in the
name of the Planning Board in accordance with such plans, policies and
procedures as are approved or established by the Planning Board from
time to time. Where there is a serious conflict of interest, public
controversy, or uncertainty or doubt as to the plans, policies or
procedures approved or established by the Planning Board, presentation
of the matter shall be made at the Planning Board meetings.
B. The Planning Director is hereby authorized to approve or disapprove
applications for minor subdivisions as established in the Subdivision
Regulations as officially adopted by the Planning Board. An appeal of
the Director's determination may be made to the Planning Board when
presented in writing. The time of such review of -the Planning Board
to take place in accordance with the Policies and Procedures of the
Board.
C. The Planning Director shall be responsible for providing the Planning
Board with staff and all necessary information for the Board to meet
the Charter responsibilities of Article 5, Chapter 6, Section 6-602.
Section 7.0 Planning Board Staff
7.1 Authorization
The City Planning Board staff consists of a Planning Director and such
other personnel as may be recommended by the Board and authorized by the
Mayor and approved by the City Council . This authorization is in keeping
with Article 4, Chapter 3, Section 4-306(5) of the Lansing City Charter.
7.2 Responsibility
A. All members of the staff shall be responsible to the Planning Director
and wherever practical all orders to any staff member shall clear
through the Planning Director. The Planning Director shall be respon-
sible to the Mayor for the administration of the Department. The
Planning Director, however, shall keep the Board informed as to the
operations of the Department.
B. The City Planning Board's staff is charged with the duty of prepara-
tion and administration of such plans as are appropriate to the city
of Lansing and its environs and are within the scope of the Michigan
Municipal Planning Commission Act (Act 285, Public Acts of 1931 , as
amended) and the Charter of the City of Lansing (Article 5, Chapter 6,
Section 5-602).
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7.3 Planning Director's Duties
A. The Planning Director shall be responsible for the professional and
administrative work in directing and coordinating the program of the
City Planning Board. His work shall be carried on with the highest
degree of professional responsibility, subject to administrative
policies of the Mayor and policy direction by the City Council .
B. Administrative Duties
The Planning Director shall :
1 ) Supervise and review the work of the professional , technical and
non-technical employees of the City Planning Board staff.
2) Prepare a proposed annual budget for the Planning Department to
submit to the Planning Board for their review prior to submission
to the Mayor.
C . Policy Formulation
The Planning Director shall :
1 ) Be responsible for carrying out the directives of the Planning
Board as outlined in Article 5, Chapter 6, Section 5-602.
2) Advise and assist the Planning Board in the establishment of
general planning policy.
3) Advise and recommend to the Planning Board a staff position on
all rezoning, special use permits, site plan reviews and sub-
division development.
4) Be responsible for formulation of staff policy.
D. Effectuation of Plans
The Planning Director shall recommend the Planning Board action
necessary for effectuating plans with respect to both public and
private endeavors through such control techniques as :
1) Zoning and subdivision control
2) Programs for capital expenditures
3) Long range comprehensive plans for the guidance of city growth.
E. Public Relations
Tile Planning Director shall :
1 ) Officially present the Planning Board' s recommendations to the
Mayor and City Council .
2) Officially represent the Planning Board and its staff at planning
conferences, interdepartmental meetings of the city government and
serve generally as a liaison between the Planning Board and the
public.
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3) Encourage private development or investment in accord with
comprehensive plans.
4) Cooperate with public and private agencies and with individuals
for the development, acceptance and effectuation of plans.
5) Supply information for and encourage interested public agencies
and citizen organizations in programs to promote public under-
standing and approval of planning.
6) Accept other responsibilities as may be directed by the Planning
Board, with review and approval by the Mayor.
7.4 Grievance Procedure
The grievance procedure shall conform to the Personnel Rules of the City
of Lansing.
Section 8.0 Amendments in Rules of Procedure
8.1 Amendments
Amendments in the Rules of Procedure may be initiated by any member of
the Planning Board at any regular meeting and voted upon at the next
regular meeting. All Board members must be notified of such amendments
by mail at least five (5) days before the amendment is to be voted on.
The affirmative vote of six (6) members shall be required to amend the
Rules of Procedure.
8.2 Suspension of Rules
It shall require the vote of six (6) members of the Board to suspend the
Rules of Procedure.
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APPENDIX "A"
ADDITIONAL RESPONSIEILIT.IES OF_TWF_ UANNI.NG,80ARD
Public Works Review, Act 285, P.A. 1931 (as amended)
MUNICIPAL PLANNING COMMISSION; ADOPTION OF MASTER PLAN, CONTENTS , AMENDMENTS.
"Section 6
It shall be the function and duty of the Commission to make and adopt a master
plan for the physical development of the municipality, including any areas
outside of its boundaries which in the Commission 's judgment bear relation to
the planning of such municipality. Such plan, with the accompanying maps,
plats, charts and descriptive matter shall show the Commission's recommenda-
tions for the development of said territory, including among other things, the
general location, character and extent of streets, viaducts, subways, bridges,
waterways, water fronts, 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 the
foregoing 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 a part or
parts thereof any such part to cover one or more major sections or divisions
of the municipality or one or more of the aforesaid or other functional matters
to be included in the plan. The Commission may from time to time amend, extend,
or add to the plan. "
MUNICIPAL PLANNING COMMISSION; PUBLIC WORKS; pOARS OF COUNCIL; FAILURE TO ACT;
PROGRAM.
"Section 9
Whenever the Commission shall have adopted the master plan of the municipality
or of one or more major sections 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 municipality or in such planned
section and district until the location, character, and extent thereof shall
have been submitted to and approved by the Commission. Provided that in case
of disapproval the Commission shall communicate its reasons to Council , which
i
shall have the power to overrule such disapproval by a recorded vote of not
less than 2/3 of its entire membership, provided, howevero that if the public
way, ground, space, building, structure or utility before the authorization,
or financing of which does not under the law or charter provisions governing
same, fall within the province of the municipal 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 said Board, Commission or Body by a vote of not less than 2/3 of its member-
ship. The failure of the Commission to act within sixty (60) days from and
after the date of official submission to b,he Commission shall be deemed approval .
For the purpose of furthering the desirable future development of the munici-
pality under the master plan, the City Planning Commission, after the Commis-
sion shall have adopted a master plan, shall prepare coordinated and comprehen-
sive programs of public structures and improvements. The Commission shall
annually prepare such a program for the ensuing six years, which program 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 above comprehensive coordinated programs shall be based upon the require-
ments of the community for all types of public improvements and, to that end,
each agency or department of such municipality 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. "
Subdivision Review, Act 285, P.A. 1931 (as amended)
MUNICIPAL PLANNING COMMISSION; NECESSITY FOR APPROVAL OF PLATS; STREET SYSTEM.
"Section 13
Whenever a'plonning,-comm.iss.ion shall have•,adopted -a master plan relating to
the major. st"et.system oU the territory within its subdivision jurisdiction
Qry part thereof apd shil- T have iE':aled a terttfie-d:-,copy -of--such plan in the
office-of� the,Countyy,Reg; stets Qf: Deeds of the, comity i n which such territory
y
or part- is loeai ed, :xhen no: plat �df:a^'subdiVf ion of land-within such
territory o part shall bQ-if led.;or recorded until it. shall, have been
approved by 5,uch plannfng,ieommis ion. and -such approval entered+ih"writing
on the plat by the Chairman or Secretary of the cop-iiiggion.."
ii
MUNICIPAL PLANNING COMMISSION; REGULATIONS GOVERNING SUBDIVISION OF LAND; BOND
TO SECURE IMPROVEMENT; PUBLICATION OF REGULATIONS.
"Section 14
Before exercising the powers referred to in Section 13, the Planning Commission
shall adopt regulations governing the subdivision of land within its jurisdic-
-il-ion. Stich regulations may provide for the proper arrangement of streets in
relation to other existing or planned streets and to the master plan for ade.qUc)..L',.e
and convenient open spaces for traffic, utilities, access of fire fighting
apparatus, recreation, light and air, and for the avoidance of congestion of
population, including minimum width and area of lots.
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 utility mains, piping or other facilities shall be installed as a condi-
tional 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 the final approval of the plat, the Commission may
accept a bond with surety Q';o secure to the municipality 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 municipality is hereby granted the power to enforce such bond by all
appropriate legal and equitable remedies.
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 recorders of the
counties in which the municipality and territory are located."
MUNICIPAL PLANNING COMMISSION; APPROVAL OR DISAPPROVAL OF PLATS; PROCEDURES;
EFFECT.
"Section 15
The Planning Commission shall approve, modify or disapprove a plat within
sixty (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 cq,nsent 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 the said address by registered mail of the time and place
of such hearing not less than five (5) days before the date fixed therefor.
Similar notice' shal'1 be mailed to the owners of land immediately adjoining
the platted land, as their names appear upon the plats in the county
auditor's office and the,i`r addresses appear in the directory of the munici-
pality or on the tax recordsrof the muni6.1pality 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 consti-
tute 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 Council amendments to the Zoning Ordinance or map or additions
thereto to conform to the Commission's recommendations for the zoning
regulations of the territory comprised within approved subdivision. 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, providdd such requirements or restrictions do not
authorize the violation of the then effective Zoning Ordinance of the
municipality. 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 in the same manner and with the same sanctions
and penalties and subject to the same powr of amendment or repeal as though
set out as a part of the Zoning Ordinance or map of the municipality."
iv
APPENDIX "B"
REFERENCE OF APPLICABLE PLANNING LEGISLATION
Metropolitan District Act, Act 312, Public Acts 1929, as amended
Soil Conservation Districts Act, Act 297, Public Acts, 1937, as amended
City and Village Zoning Act, Act 207, P.A. 1921 , as amended
Home Rule Cities Act, Act 131 , P.A. 1957, as amended
Airport Zoning Act, Act 23, P.A. 1950, as amended
Urban Redevelopment Corporations Act, Act 250, P.A. , 1941 , as amended
Rehabilitation and Blighted Areas Act, Act 344, P.A. 1945, as amended
Municipal Sales of Blighted Area Property, P.A. 188, Public Acts of 1952,
as amended
The Plat Act, Act 172, P.A. 1929, as amended
Mapped Improvements Act, Act 222, P.A. 1943, as amended
Neighborhood Areas Planning Act, Act 208, P.A. 1949, as amended
Recreation and Playground Act, Act 156, P.A. 1917, as amended
Park Conveyances Act, Act 300, P.A. 1939, as amended
Flood or Beach Erosion Control Act, Act 278, P.A. 1952, as amended
Harbors, Channels and Navigation Facilities Act, Act 66, P.A. 1952, as amended
Trailer Coach Park Act, Act 143, P.A. 1939, as amended
Trailers, Regulations , and Taxation Act 172, P.A. 1958, as amended
Public Improvements Reserve Fund Act, Act 177, P.A. 1943, as amended
Economic Development Legislation, P.A. 198, 255 and 338, as amended.
v
SELECTED REFERENCES USED IN THIS DOCUMENT
ASPO, Planning Advisory Service Information Report #90, Copyright 1960,
American Society of Planning Officials.
Charter of the City of Lansing, August 8, 1978
Laws of Procedure, Toledo, Lucas County Plan Commission, 1960
Laws Related to Plannin , Michigan Secretary of State-Michigan Chapter
American Ins tit of Planners, 1959
Local Planning Commissioners Handbook, Michigan Chapter of American
Institute of Planners, 96
Now That You Have Said Yes , Board Members' Manual , The Lansing Community
Services Council , February, 1964
Robert's Rules of Order, revised Henry M. Robert, Scott, Foresman and
Company, Chicago, Illinois, 1951
The Meeting Will Come to Order, Extension Bulletin 294, Michigan State
University Cooperative Extension Service, East Lansing,
December 1963
The Rules of Procedure for the City Planning Commission and Staff,
City of Royal Oak, Department of Urban Planning and Lansing
Architecture, Michigan State University, June 9, 1959
vi