HomeMy WebLinkAboutPlanningBoardPoliciesProcedures-1977 POLICIES AND PROCEDURES
OF THE
LANSING PLANNING BOARD
City of Lansing
October, 1973
and C°
as amended
February, 1977
N
C
� x
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 . . . . . . . . . . . . . . 5
Section 2.0--Duties of the Secretary . . . . . . 6
Section 3.0--Meetings . . . . . . . . . . . . . . 6
Section 4.0--Hearings . . . . . . . . . . . . . . 9
Section 5.0--Committees . . . . . . . . . . . . . 10
Section 6.0--Matters to be acted upon by Staff
on behalf of the Board . . . . . . . 11
Section 7.0--Planning Board Staff . . . . . . . . 11
Section 8.0--Amendments in Rules of Procedure . . 13
Appendix A, Act 285, Public Acts of 1931 , as amended. . . . . i
Appendix B, Act 312, Public Acts of 1929, as amended. . . . . xi
Reference Selections . . . . . . . . . . . . . . xii
i
PART I
Responsibilities, Functions and Powers
ACT 285, PUBLIC ACTS OF 1931 , STATE OF MICHIGAN
"It shall be the function and duty of the (Planning Board) to make and adopt a
Master Plan for the physical development of the municipality with due regard to
its relation to the neighboring territory. The plan shall be made with the
general purpose of guiding and accomplishing a coordinated, adjusted, and
harmonious development of the municipality and its environs which will, in
accordance with present and future needs, best promote health, safety, morals,
order, convenience, prosperity and general welfare, as well as efficiency and
economy in the process of development; including among other things, adequate
provision for traffic and promotion of safety from fire and other dangers,
adequate provision for light and air, the promotion of the healthful and
convenient distribution of population, the promotion of good civic design and
arrangement, wise and efficient expenditures of public funds, and the adequate
provisions of public utilities and other public requirements."
The Board's basic responsibilities, functions, and powers are contained in
Section 7.6 and 7.20 of the Charter of the City of Lansing and Act 285, Public
Acts of the State of Michigan 1931 , as amended. These responsibilities,
functions and powers are pursuant to Section 7.6(d) of the Lansing Charter and
Act 285 Public Acts of 1931 , as amended. Additional laws related to and under
which the Planning Board functions are listed in Appendix B.
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The following list contains a simplified form the main responsibilities ,
functions and powers of the Board:
1 ) To make and adopt a master plan for the physical development of the
community.
2) To make careful and comprehensive surveys and studies of present
conditions and future growth of themunicipality with due regard to its
relation to neighboring territory.
3) To review public works proposals (see Appendix A, "Public Works Review")
4) To prepare coordinated and comprehensive programs of public structures
and improvements.
5) To promote public interest in and understanding of the plan.
6) To consult and advise with public officials and agencies, public utility
companies , civic , educational , professional and other organizations , and
with citizens in relation to protecting or carrying out the plan.
7) Board members, officers , employees (in performance of their functions)
may enter upon any land, make examinations and surveys, place and
maintain necessary monuments and marks thereon.
8) In general , the Board shall have such powers as may be necessary to
enable it to fulfill its functions or carry out the purposes of the
City Charter, the Municipal Code.
9) The Board may recommend amendments to zoning ordinances or map for new
approved subdivisions.
10) Requirements or restrictions on subdivision plans become part of the
zoning ordinance or map.
11 ) No plat of a subdivision or land is to be filed or recorded until
approved by the Planning Board (see Appendix A, "Subdivision Review") .
12) The Board is to approve, modify or disapprove a plat within sixty (60)
days of submission (see Appendix A, "Subdivision Review") .
13) No plat to be acted on by the Board without affording a hearing (see
Appendix A, "Subdivision Review") .
14) Every approved plat is to be deemed an amendment, addition or detail of
municipal plan.
15) The Board may recommend amendments to the zoning ordinance or map that
conform to the Board 's recommendations for zoning regulations of the
territory within approved subdivisions .
16) The Board shall have the power to agree with the applicant on use, height,
area or bulk requirements or restrictions governing building or premises
in subdivision, provided these do not violate the zoning ordinance (see
Appendix A, "Subdivision Review") .
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17) The Board is required to review all preliminary plans and reports for
the physical development of the City, including the general location,
character and extent of streets, viaducts, bridges , parks
spaces; the general location of public buildings and other public
property, the general location and extent of public utilities and
terminals . (See Appendix A, "Public Works Review")
18) Selection of Planning Director subject to the Personnel Rules and
Regulations of the City of Lansing.
19) The Planning Board is to review the following:
A. The removal , relocation, widening, narrowing, vacating, abandonment,
change of use or extension of any public way, ground, open spaces,
buildings, or properties (see Appendix A, "Public Works Review")
B. The general character, extent and layout of the replanning
e and A,
redevelopment of blighted districts and slum area (see Appendix
"Urban Renewal Review")
C . All planning reports and plans before publication.
D. Capital Improvements Program for the City.
E. City Planning Department's budget requirements for the fiscal year
and request for appropriations.
F. Selection of consultants and determination of basis for
compensation.
G. Such other matters as any member or the Planning Director shall
find it advisable or essential to receive consideration by the
Planning Board.
H. Petitions and board or staff proposals for changes in the Zoning
Ordinance.
I . Staff recommendations.
20) Referrals
Act 285 of the Public Acts of 1931 of the State of Michigan is an Act
to provide for city, village and municipal planning, and to create the
powers and duties of a Planning Commission and to provide penalties
for violations of the provisions of this Act.
This Act states that if a Planning Board has adopted a Master Plan, 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 until the location, character and extent thereof shall
have been approved by the Board. The Act further states that no plat
shall be filed or recorded until it is approved by the Planning Board
and such approval entered in writing on the plat by the Chairman or
Secretary of the Board.
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The Charter of the City of Lansing states that the Planning Board shall
possess and exercise all of the powers and functions of Planning
Commissions under Act No.285 of the Public Acts of 1931 and such amend-
ments and superseding acts as may be enacted.
The Planning Board, in order to carry out its function as stated in the
City Charter and in Act 285 of the Public Acts of 1931 of the State of
Michigan, must have full cooperation from all departments of the City
and from all public agencies with jurisdiction within the City's
boundaries .
It should be noted that the approval or denial by the Planning Board
can be overruled by a 2/3 majority vote of the City Council , or if the
public way, ground, space, building, structure, or utility be one of
which does not, under the City Charter, fall within the province of
the City Council , then the Board, Commission or Body having such juris-
diction may overrule the Planning Board by a 2/3 majority vote of its
membership.
In order to make it easier for departments, boards, and agencies to
comply with Act 285 and the provisions of the City Charter, the Planning
Board should establish standard referral procedures.
To implement the statutes , the following procedures shall be adhered to:
1 ) During formation of project, agency involved informally contacts
the Planning Department staff to discuss the project and its
probable affect on the community.
2) Agency proposing project formally refers project to Planning Board
on standard referral forms will specify the nature of the project,
its location and purpose and whether or not it conforms to the
Master Plan . Site plans, preliminary building plans, landscape
plans, or any other relevant materials should be submitted to the
Planning Board at this time.
3) After staff analysis and report, the project will go before the
Planning Board who will have sixty (60) days in which to act on
said project. In the case of a Master Plan change, a public
hearing will be required, and all parties concerned will be
notified of the time and place fifteen (15) days prior to said
hearing.
4) The Planning Board will come to a decision and will issue a
certificate of approval or denial to the applicant agency, and
will notify the City Council of its recommendations .
5) REFERRALS
"All matters referred or presented to the Planning Board for study
and recommendation must be referred to the Planning Department at
least ten (10) days before the date of the meeting of the Board
(unless the rules are suspended by a vote of six members) ."
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PART II
Rules of Administrative Procedures
The following rules of procedure are adopted by the City Planning Board to
facilitate the performance of its duties and the exercising of its
responsibilities , functions and powers .
Section 1 .0 Officers
1 .1 SELECTION--The Board shall , at the July meeting, elect from among
t e voting members , a Chairman and Vice Chairman. A Planning
Board member shall not hold the office of Chairman for more than
two (2) consecutive years; and also, a Planning Board member shall
not hold the office of Vice Chairman for more than two (2)
consecutive years .
The Planning Director shall be the designated Secretary of the
Board. In event of his absence, the Planning. Director shall
appoint a member of his staff as a secretary designee.
1 .2 TENURE--The Chairman and Vice Chairman shall take office immediately
following their selection and shall hold office for a term of one
(1 ) year or until their successors are selected and assume office.
1 .3 [DUTIES
A. The Chairman shall preside at all meetings and perform such
other duties as may be ordered by the Planning Board.
B. The Chairman shall appoint all committee members for a term
of one (1 ) year (except the Executive Committee) and shall
designate one member as Chairman for a term of one year, or
until his successor has been selected. The Chairman may
reassign members or redesignate committee chairman, when in
his discretion, the situation requires anything herein to the
contrary notwithstanding.
C . The Vice Chairman shall act in the capacity of the Chairman in
his absence, and in the event the office of the Chairman becomes
vacant, the Vice Chairman shall succeed to this office for the
unexpired term and the Board shall select a successor to the
office of Vice Chairman for the unexpired term.
D. The Chairman 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.
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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 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 andcthiotderTuesday
times and every
placesmonth
designaOted.by the Board City
Hall ,
Boardata
an�3`at su
regular meeting.
3.2 SPECIAL MEETINGS:
A. Special meetings shall be called at the request of the
Chairman or of five members of the Board. Notice of special
meetings shall be given by the Secretary to the members of
the Board at least forty-eight (48) hours prior to such
meeting and shall state the purpose and time of the meeting.
If the Secretary is unable to contact 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 shall
be a legal special meeting if all members are thereat, or in
the event that any member or members be absent, if all absent
members have in writing, waived the requirements that notice
be given; provided that a quorum be present. At the time of
sending out or the delivery of notices for any special meeting,
a copy of the notice of such meeting shall also be sent out or
delivered to the offices of any daily newspaper published in
the City. Proof of the service of notices required by this
section or of the waiver thereof shall be entered in the Journal
of such meetings.
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B. The Chairman may designate special meetings for the presentation
of reports on the Master Plan, planning discussions, and deferral
of hearings and petitions to a subsequent meeting.
3.3 PUBLIC--All regular and special meetings, hearings, records of the
Boar, its resolutions , transactions, findings and determinations,
as well as acts shall be open to the public .
3.4 QUORUM:
A. Five members shall constitute a quorum for the transaction of
business, and the taking of official action except, no official
action shall be taken as to the adoption of a Master Plan, any
part 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 may exist a greater than remote
personal interest in that issue. Particularly when those issues
involve a member's own pecuniary interest, affect his/her employer,
or bear on some other fact associated with that issue, that member
should state his/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.
Judicial opinions regarding an employee/employer relationship
provides the following guides for determining when that interest
is too remote, absent other facts: an employee without substantial
management responsibility and owns less than $25,000 stock.
Furthermore, contracts between public bodies are not subject to the
constraints mentioned in this section.
This transaction shall occur prior to every instance of the above
mentioned potential conflicts of interest following the
introduction
of the issue into the business of the meeting. ANY MEMBER
of such
votes shall be entered into the records of the meeting.
OF THE BOARD WHO IOMATTQERAWI�HEMEMBERS .O NOT
THEBC04NCILLAND/ORINTERCEDE
ON BEHALF OF ANY SUCH
OTHER UNITS OF GOVERNMENT.
3.6 ATTENDANCE:
A. Board members shall be regular in attendance. In thereg eventlar a
Board member is absent from three (3)
consecutivetwenty-five (25) percent of the meetings in any calendar year,
unless such absence be excused, any Board member may ask that
a public hearing be held to allow that subject member to
explain his absences . A majority vote of the members present
is necessary to approve such a request.
The subject member will be notified by certified mail of his
hearing (15 days notice) . At the hearing any member may move
to excuse, warn or dismiss that member. A majority vote of
remaining members present is necessary to approve such a motion.
A record of these actions shall be entered into the minutes
of the Board.
B. Such procedures do not prohibit a member from voluntarily
resigning from the Board.
C. Following the roll call of Board e memberabsent s at any members hadtrequested
Chairman shall ask if any of th
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 b request.
Abmotion
y a to
ity
excuse or not excuse that member may pp
vote.
3.7 ORDER OF BUSINESS:
A enda--The Secretar shall prebe pare an agenda for each meeting and
t e order of business
1 . Roll Call
A. Excused absences
B. Staff requested to attend meeting
C. Approval 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 Directors Report
(3) Other Communications
(4) New Business
(5) Adjournment
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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.
3.8 MOTIONS--Motions shall be restated by the Chair before a vote is
to en. The names of the persons 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
of erwise ordered by the Chairman.
3.10 BOARD ACTION--Action by the Board on any matter on which a hearing
is Wd shall not be taken until the hearing has been concluded.
3.11 h PARLIAMENTARY ucted according to Robert's Rules of Order, with the
YEehepegs
shall
a ec•
exception that the Chairman shall have a vote.
Section 4.0 HEARINGS
4.1 MASTER PLAN AND ZONING HEARINGS:
A. Before the adoption of any part of the Master Plan as defined
in Section 6 of Act 286, 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
publication in THE STATE JOURNAL, by the City Council Proceed-
ings and by Certified Mail to each public utility or railroad
within the geographical sections or divisions of the City
affected.
4.2 SPECIAL HEARINGS--Notice of special hearings for the purposes of
presenting pre iminary 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 representatives most interested.
4.3 NOTICE OF DECISION--A written notice containing the decision of the
Board wi 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.
._g-
4.4 PUBLICITY--All public releases regarding committee discussions and
decisions reached at the Executive Session of the Planning Board
or releases of any other information relating to the work of the
Planning Board shall be made by the Chairman 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:
A. Executive--Shall be composed of the Chairman, Vice Chairman and
one Board member elected by the Board for a term of six (6)
months . The Chairman of the Executive Committee may call on
other non-committee Board members to attend those committee
meetings where additional input is required.
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 is to
provide group counsel to the Planning Director on matters such
as personnel , finance, program priorities, publicity, etc. , and
shall report at each regular meeting on its activities and
actions . The Committee shall review, modify and recommend to
the Board development policies for the revision of the Compre-
hensive Development Plan of the City.
B. Z,oninj and Ordinance Committee--Shall be composed of not less
than three 3 members , who shall review all petitions and
recommendations regarding zoning ordinance changes, rezonings,
conditional use permits, community unit plans, lot splits,
right-of-way maintenance, subdivision plats, and zoning code
enforcement.
C. Urban Development Committee--Shall be comprised of not less than
five 5 members, who shall review all petitions, plans, refer-
rals., and recommendations regarding Master Plan and amendments
neighborhood plans, urban renewal , relocation and rehabilitation
plans, capital improvements, housing and transportation; develop
plans of action for services within the areas of crime and delinquency, health, mental health, public and private supportive
social service, education and employment, advise the Board on the
development of the Department's information system, and advise
and recommend to the Board on the socio-economic aspects of
neighborhood and other physical development plans.
5.2 Committees may recommend to the Board on methods of improving their
operational procedures after consultation with the staff.
5.3 All Committee recommendations will be included in the Department
Report and 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 .
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 ncecwithview of the the Policy andnning Proccedured to of thekBoard. in
accordance
B. The Planning Director shall make all personnel requisitions
and changes, in accordance with the budget and appropriations,
including promotions , demotions , removals, or suspensions and
other personnel matters when warranted in his judgment,
provided that demotions , removals and like disciplinary actions
shall be subject to approval of the Board in accordance with
the City 's career personnel merit system.
C . Requisition and purchase of supplies , materials and equipment
in conformity with the budget and appropriations.
D. The responsibilities given in Section 6.1 (a) shall include
the review of plans requiring submission to the Planning Board.
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 City Council .
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 at all times be responsible to the Board for the adminis-
tration of the department.
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B. The City Planning Board Staff is charged with the duty of
preparation and administration of such plans as are appro-
priate to the City of Lansing and its environs and are within
the scope of the Michigan Municipal Planning Commission Act
(Act 285 Public Acts 1931 , as amended) and the Charter of the
City of Lansing (Section 7.6 and 7.20) .
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 the policy determinations of the Planning Board and
administrative policies of the City Council and Mayor.
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 Depart-
ment to submit to the Planning Board.
C . Polic Formulation--The Planning Director shall :
1 ) Be responsible for carrying out the directives of the
Planning Board .
2) Advise and assist the Planning Board in the establishment
of general planning policy.
3) Be responsible for formulation of staff policy.
D. Effectuation of Plans--The Planning Director shall recommend
the 31anning Boardion and private endeavors through such
necessary
for plans
with
respect to both public
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--The Planning Director shall :
1 ) Officially present the Planning Board' s recommendations to
the City Council .
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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.
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 effectua-
tion of plans .
5) Supply information for and encourage interested public
agencies and citizen organizations in programs to promote
public understanding and approval of planning.
6) Accept other responsibilities as may be directed by the
Planning Board, City Council and Mayor.
7.4 STAFF USE OF COMPENSATORY TIME--The Staff shall have the right to
utilize compensatory time to advance their education by course work
at any local educational institution, subject to the approval of
the Planning Director.
7.5 GRIEVANCE PROCEDURE--Whenever a grievance arises , it shall be brought
to tie attention of the Planning Director. If the grievance is not
settled in a satisfactory manner within ten (10) days , the grievance
shall be referred in writing to the Chairman of the Planning Board.
After a grievance has been referred to the Planning Director, the
Personnel Director may be requested by any of the parties directly
concerned to lend his assistance in an attempt to bring about a
prompt or satisfactory settlement. Such requests shall be in written
form containing all facts pertinent to the grievance. The settlement
of the grievance and the procedures involved shall conform to
Sections XIII and XIV of the Personnel Rules of the City of Lansing.
7 .6 DISCIPLINARY ACTIONS--The employment of any Staff members shall not
be terminated or suspended until having received a warning in
written form.
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
tthe be notified
of such amendments by mail at least five (5)
amend-
ment days before is to bereaomend the Rules of Procedure
voted tupon.
a affirmative
f six (6) members
shall be requl
8.2 SUSPENSION OF RULES--It shall
requi of re the of six (6) members of
the oard to susr e
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APPENDIX "A"
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
brid es,
general location, character and extent of streets, viaducts
anduopensspacesg
waterways, water fronts, boulevards , parkways, playgrounds
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, however, 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 the 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 Planning Commission shall have adopted that sort of a master plan
relating to the major street system of the territory within its subdivision
jurisdiction or part thereof and shall have filed a certified copy
of such
plan in the office of the County Register of Deeds of the county in which
such territory or part is located, then no plat of a subdivision of land
within such territory or part shall be filed or recorded until it shall have
been approved by such Planning Commission and such approval entered in writing
on the plat by the Chairman or Secretary of the Commission.
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-
tion. Such regulations may provide for the proper arrangement of streets in
relation to other existing or planned streets and to the master plan for adequate
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 to 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 consent to an
extension of such period. The ground of disapproval of any plat shall be
stated upon the records of the Commission .
iii
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 shall 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
their addresses appear in the directory of the municipality or on the tax
records of the municipality 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 regula-
tions 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, provided 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 power of amendment or repeal as though set out as a part
of the Zoning Ordinance or map of the municipality.
Urban Renewal Review, Act 250, Public Acts 1941 (as amended)
DEVELOPMENT PLANS, CONTENTS, APPROVAL, REQUIREMENTS
Section 4
1 ) A development plan shall contain:
(a) A metes and bounds or other legal description of the development area,
(b) A statement of the various stages , if more than one is intended, by
which the development is proposed to be constructed or undertaken,
and the time limit for the completion of each stage, together with
a metes and bounds description of the real property to be included
in each stage ,
(c) A statement of the existing buildings or improvements in the develop-
ment area to be demolished , if any,
iv
(d) A statement of existing buildings or improvements, in the development
area not to be demolished immediately, if any, and the approximate
period of time during which the demolition, if any, of each such
building or improvement is to take place,
(e) A statement of the proposed improvements, if any, to each building
not to be demolished immediately, any proposed repairs or alterations
to such building, and the approximate period of time during which
such improvements, repairs or alterations are to be made,
(f) A statement of the type, number and character of each new industrial ,
commercial , residential or other building or improvement to be
erected or made ,
(g) A statement of those portions, if any, of the development area
which may be permitted or will be required to be left as open space,
the use to which each such open space is to be put, the period of
time each such open space will be required to remain an open space,
and the manner in which it will be improved and maintained, if at all ,
(h) A statement of those portions, if any, of the development area which
the redevelopment corporation proposes to sell , donate, exchange or
lease to, with or from the City and an outline of the terms of such
proposed sale, donation, exchange or lease,
(i) A statement of the proposed changes, if any, in Zoning Ordinances
or maps necessary or desirable for the development and its protection
against blighting influences ,
(j) A statement of the proposed changes , if any, in streets or street
levels and any proposed street closings ,
(k) A statement of the character of the existing dwelling accommodations,
if any, in the development area , the approximate number of families
residing therein together with a schedule of the rentals being paid
by them, and a schedule of the vacancies in such accommodations,
together with the rental demanded therefor,
(1 ) A statement of the character, approximate number of units, approxi-
mate rentals and approximate date of availability of the proposed
dwelling accommodations , if any, to be furnished during construction
and upon completion of the development,
(m) A statement of the proposed method of financing the development in
sufficient detail to evidence the probability that the redevelopment
corporation will be able to finance or arrange to finance the
development.
(n) A statement of persons who it is proposed will be active in or
associated with the management of the redevelopment corporation
during a period of at least one year from the date of the approval
of the development plan.
v
The development plan and any application to the Planning Commission or
supervising agency for approval thereof, may contain in addition such other
statements or materials as may be deemed relevant by the proposer thereof,
including limits on the amounts which may be paid as compensation for
services to the officers and employees of the redevelopment corporation,
suggestions for the clearance, replanning, reconstruction or rehabilitation
of one or more areas which may be larger than the development area but which
include it and any other provisions for the redevelopment of such area or
areas.
2) No development shall be initiated until certificates of approval of the
development plan therefor shall have been issues by both the Planning
Commission and the supervising agency.
3) A Planning Commission may approve a development plan, but no certificate
of approval thereof shall be issued by it unless and until an application
for approval has been filed with it, together with the developement plan,
and unless and until the Planning Commission shall determine:
(a) That the area within which the development area is included is
substandard or insanitary and that the redevelopment of the
development area in accordance with the development plan is
necessary or advisable to effectuate the public purposes declared
in Section 2 of this Act.
(b) That the development plan is in accord with the master plan or City
map, if any, of the City.
(c) That the development area is of sufficient size to allow it
redevelopment in an efficient and economically satisfactory manner.
(d) That the various stages, if any, by which the development is
proposed to be constructed or undertaken, as stated in the
development plan, are practicable and in the public interest.
(e) That public facilities, including but not limited to, school , fire,
police, transportation, park, playground and recreation are presently
adequate or will be adequate at the time that the development is
ready for use to service the development area .
(f) That the proposed changes, if any, in Zoning Ordinances or maps and
in streets and street levels, or any proposed street closings are
necessary or desirable for the development and its protection against
blighting influences and for the City as a whole.
(g) Upon data submitted by or on behalf of the redevelopment corporation,
or upon data otherwise available to the Planning Commission, that
there will be available for occupation by families, if any, then
occupying dwelling accommodations in the development area similar
accommodations at substantially similar rentals in the development
area or elsewhere in a suitable location in the City, and that the
carrying into effect of the development plan will not cause undue
hardship to such families.
vi
Any such determination shall be conclusive evidence of the facts so determined
except upon proof of fraud or willful misfeasance. In arriving at such
determination, the Planning Commission shall consider only those elements of
the development plan relevant to such determination under subparagraphs (a)
through (g) of this paragraph 3 of Section 4 of this Act and to the type of
development which is physically desirable for the development area concerned
from a City planning viewpoint and from a neighborhood unit viewpoint if the
development plan provides that the development area is to be primarily resi-
dential . Upon approval of a development plan by the Planning Commission, it
shall forthwith issue a certificate of approval thereof.
A Planning Commission may state general standards of City and neighborhood
unit planning to which a development plan should conform to be approved by it.
Such standards, however, shall be as flexible as possible and only for the
guidance of prospective proponents of development plans. Variations therefrom
shall be freely allowed upon a showing of their advisability, to the end that
individual initiative be encouraged .
4) A supervising agency may approve a development plan, but no certificate
of approval thereof shall be issued by it unless and until the Planning
Commission first shall have approved thereof and there has been filed
with the supervising agency the development plan, the certificate of
approval by the Planning Commission and an application for approval by
the supervising agency, and unless and until the supervising agency shall
determine:
(a) That the proposed method of financing the development is feasible
and that it is probable that the redevelopment corporation will
be able to finance or arrange to finance the development.
(b) That the persons who it is proposed will be active in or associated
with the management of the redevelopment corporation during a period
of at least one year from the date of the approval of the development
plan have sufficient ability and experience to cause the development
to be undertaken, consummated and managed in a satisfactory manner.
Any such determination shall be conclusive evidence of the facts so determined
except upon proof of fraud or willful misfeasance. In considering whether or
not a certificate of approval of the development plan shall be issues, the
supervising agency shall consider only those elements of the development plan
relevant to such determination under subparagraphs (a) and (b) of this para-
graph 4 of Section 4 of this Act. Upon approval of a development plan by the
supervising agency, it shall forthwith issue a certificate of approval thereof.
5) The Planning Commission and the supervising agency may approve an amend-
ment or amendments to a development plan, but no such amendment to a
development plan which has theretofore been approved by the Planning
Commission and the supervising agency shall be approved unless and until
an application therefor has been filed with the Planning Commission or
the supervising agency by the redevelopment corporation containing that
part of the material required by paragraph one of this Section 4, which
shall be relevant to the proposed amendment, and unless and until the
Planning Commission or the supervising agency, as the case may be, shall
vii
make the determinations required by paragraph 3 or 4 of this Section 4
which shall be relevant to the proposed amendment.
6) The Planning Commission and the supervising agency may each adopt a
schedule of fees to be paid upon the filing of the development plan,
amendments .thereto and other instruments in connection therewith. The
amount of these fees shall not exceed the reasonable cost of the
examining, inspectional and supervisory services required under this
Act.
POWER OF MUNICIPALITY. REQUISITE PLANS, STATEMENTS AND ACTIONS: HEARING ON
ADOPTION OF DEVELOPMENT PLAN, NOTICE.
Section 4
The following plans, statements and actions are hereby made requisite for and
conditions of the exercise of the powers herein granted for the acquisition,
sale or lease of real property for the carrying out of a development plan in
a development area .
(1 ) A master plan of the municipality adopted by the local legislative
body, or a master plan which is sufficiently advanced to designate
areas in need of rehabilitation.
(2) A plan adopted by the local legislative body of the general features
of development of the district within which the development area
lies and of other districts adjacent to the development area, of
such extent, content and particularity as is necessary to the coordina-
tion of the development area plan with the future development of the
territory surrounding the development area; or, if no future develop-
ment is planned, then in coordination with the present development.
(3) A development plan, adopted by the local legislative body, after
public hearing thereon as hereinafter provided of the development
area in which the land proposed to be acquired is located or for
the effectuation or protection of which development the proposed
land acquisition is deemed necessary. Such plans shall designate
the location and extent of streets and other public facilities
within the area and shall designate the location, character and
extent of the categories of public and private land uses proposed
for and within the area, such as residential , recreation, business ,
industry, schools, open spaces and others, and shall also include a
feasible method for the relocation of families who will be displaced
from the area in decent, safe and sanitary dwelling accommodations
within their means and without undue hardship to such families , and
such other general features of the proposed rehabilitaiton as may
be determined by the local legislative body.
viii
The plan shall designate the location, extent, character and estimated cost
of the improvements contemplated for the area, and may include any or all of
the following improvements:
Partial or total vacation of plats, or replatting; opening, widening,
straightening, extending, vacating or closing streets, alleys or
walkways; locating or relocating water mains, sewers, or other public
or private utilities; paving of streets, alleys or sidewalks in special
situations; acquiring parks, playgrounds, or other recreational areas
or facilities; street tree planting, green belts or buffer strips and
other appropriate public improvements.
The local legislative body prior to its determination of such blighted area
and adoption of such development plan shall hold a public hearing thereon.
Notice of the time and place of such hearing shall be given by publication
in a newspaper of general circulation not less than thirty (30) days prior
to the date set for such hearing. Notice of such hearing shall be mailed at
least twenty-five (25) days before such hearing to the last known owner of
each parcel of land in such area at the last known address of such owner as
shown by the records of the Assessor. Such notice shall contain a descrip-
tion of the development area. For purposes of this notice it shall be
sufficient to describe the boundaries of the development area by its location
in relation to highways, streets, streams or otherwise. Such notice shall
further contain a statement that maps, plats and particular description of
the development plan is available for public inspection at a place to be
designated in such notice. At the time set for hearing the local legislative
body shall provide an opportunity for all persons interested to be heard and
shall receive and consider communications in writing with reference thereto.
POWER OF MUNICIPALITY. JURISDICTION OF PUBLIC AGENCIES
Section 6
After the acquisition of the real property, such property as will be used by
public agencies shall be transferred or placed under the jurisdiction of the
appropriate public agencies for public use as defined in this Act. The
remainder of the land which, in accordance with the development plan, is to
be devoted to private uses shall be sold, leased or exchanged to corporations,
companies or individuals, or to urban redevelopment corporations whose use of
such property shall be in accordance with the limitations and conditions
provided in the development plan.
Any such sale, lease or exchange may be made without public bidding, but only
after public hearing by the local legislative body upon the proposed sale,
lease or exchange and the provisions thereof. The sale, lease or exchange
shall be under terms and conditions fixed by the local legislative body and
ix
shall contain provisions that the development plan for the property shall be
carried out.
WORK DONE IN ACCORDANCE WITH PLAN
Section 10
On and after the date when a plan has been approved Tor the rehabilitation of
an area by the local legislative body, no permit shall be issued for work or
work done in the area which is not in accordance with the plan officially
adopted and made effective by the local legislative body. Provided, however,
that the local legislative body shall provide by ordinance that the Zoning
Board of Appeals, if the municipality has such a Board, or if not, then a
Board of Appeals created for the purpose, shall have the power on appeal filed
with it by the owner of real property in the area to approve a minor deviation
from the plan for the area in any case in which such a Board finds upon the
evidence presented to it that the application of the plan results in unneces-
sary hardship or practical difficulties and a minor deviation from the develop-
ment plan is required by considerations of justice and equity. Before taking
any such action, the Board shall hold a public hearing thereon. At least ten
(10) days notice of the time and place of which shall be given by public notice
in a newspaper published or circulated generally in the municipality and by
notice to all property owners within 200 feet of the property in question.
Such notice is to be by mail addressed to the respective owners at the address
given in the last assessment roll .
x
APPENDIX "B"
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
xi
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 Lansi q, November 8, 1955
Laws of Procedure, Toledo, Lucas County Plan Commission, 1960
Laws Related to Plannin , Michigan Secretary of State--Michigan Chapter
merican Institute of Planners, 1959
Local Planning Commissioners Handbook, Michigan Chapter of American
Institute of Planners, 964
Now That You Have Said Yes , Board Members' Manual , The Lansing Community
Services Counc il , February, 1964
Robert's Rules of Order, revised Henry M. Robert, Scott, Foresman and
Company, Chicago, Illinois, 1951
The Meetin Will Come to Order, Extension Bulletin 2949 Michigan State
University Cooperative ;tension Service, East Lansing,
December 1963
The Rules of Procedure for the Cit Plannin Commission and Staff,
City of Royal Oak, Department of Urban Planning an Lansing
Architecture, Michigan State University, June 9, 1959
xii