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HomeMy WebLinkAboutPlanningBoardPoliciesProcedures-1964 1; ry�y Lhe C i t-y P I ann i Board to f ac e ta ile 1 i b i I i t i es, f unct i ays and powers., Adopted an this _ 7 1964 Fink, Chairman � c C, Guernsey, Secretary'— These rul$es and -­ncd by me z:,-nd have beer arp- proved as Vi forra �,Pd -'ent w i th the I'S FOPS of the Char-i-er o'F tKI-I 1'1- ty Attorney OT ai a Dub! ic d-E City Clerk TABLE" OF CONTENTS Page Part ! . Res�nslbi ' | die«, f c(Aons and powers of Planning Board Part " , Rules of administrenive procedure 6 Section 1 ,0 Officers 6 S■ 0 01-1 2.0 Qutiea of \Bc Secretary 7 Section 3,0 Heet[n B Section 4,0 Hearings !! Section 5,0 [o22 t tees ii Section 6.0 Matters to be acted upon by si-af{ on behalf of the Board IG Section 7.0 Planning B Qd Staff 77 Section &0 Amendments In Rules of Procedure 20 Part 1 Responsibilities. Functions and Powers ACT 285, PUBLIC ACTS OF 1931 , SPATE OF MiCHIGAN 114t 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 health- ful 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:otherrpubVi`c 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 1931 , as amended. i The following list contains in 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 the municipality with due regard to its relation to neighboring territory. 3. To review public works proposals 'see Appendix A, "Public Works Review") . 4. To prepare co-ordinated 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 neces- sary to enable it to fulfill its functions or carry out the 2 purposes of the City Charter, the Municipal Code. 9. The Board may recommend amendments to zoning ordinance or map for new approved subdivisions 10. The Board may agree with applicant for subdivision plan ap- proval on requirements or restrictions that became part of 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 60 days of submission. . (See Appendix A "Subdivision Review") 13. No plat to be acted on by 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 or zoning ordinance or map to conform to its recommendations for zoning or ter- ritory in approved subdivision. 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 3 A "Subdivision Review") ,, 17. All preliminary plans and reports for the physical develop- ment of the City, including, the general location, character and extent of streets, viaducts, bridges, parks and open 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 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 re-plan- ning and redevelopment of blighted districts and slum area (See Appendix A "Urban Renewal Review') . C. A11 planning reports and plans before publication. d'. Capital improvements program for the City. e. City Planning Departinent's budget requirements for the fisca't ' yedr-and request- for appropriation. f. Selection of consultants and determination of basis for 4 compensation. go Such other matters as any member or the Planning Director shall find it advisable or essential to receive consideration by the Planning Board. IN. Petitions and board or staff proposals for changes in the zoning ordinance. i . Staff recommendations. 20. 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) . 5 Part II RULES OF ADMINISTRATIVE PROCEDURE 'the following rules of procedure 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 the voting members, a Chairman and Vice-Chairman. 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: All elective officers are eligible for re-election. 1 .2 TENURE: The Chairman and Vice-Chairman shall take office im- mediately following their selection and shall hold office for a term of one year or until their successors are selected and assume office. 1 .3 DUTIES.a.6The Chairman shall preside at all meetings and perform such other duties as may be ordered by, the Planning Board. bo The .Chairman shall appoint all committee members, for a term of one year (except the executive committee) and shall designate one member as Chairman for a . term of one year, and until his successor has been selected. The Chairman may re assign members or re-designate committee chairmen, when,, in his discretion, the situation requires anything herein to the 6 contrary notwithstanding. c. The Vice-Chairman shall act in the capacity of the Chair- man in his absence, and, in the event the office of the Chair- man 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 such other duties as the Board may determine. Section 2.0 DUTIES OF THE SECRETARY 2.1 MINUTES. a. The Secretary shall be responsible for the minutes and shall have them spread in sutiable volumes. Copies of the minutes shall be mailed to all voting board members five W days prior to the meeting at which they will be considered. b. The minutes of the, board meetings sha.l.l be filed in the office of the City Clerk as a public records 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 keep a record of the Board's trans- 7 actions, findings and determinations, which shall be a public record. 2.3 COMMUNICATIONS PETITIONS,, ETC, All communications, petitions and reports shall be addressed to the Board and delivered or mailed to the Secretary. Section 3.0 MEE! T3NGS 3.1 REGULAR MEETINGS ao Meetings of the Planning Board will be held the first Tuesday of every month at 7:30 Po M. , in City Hall , and at such other times and places as designated by the Board at a regular meeting. ba When the regular meeting day falls on a legal holiday, the Board shall select a suitable alternate day in the same month. 3.2 SPECIAL MEE?1N5S 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 Hoard members, notice shall be left at his 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 present 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 8 sending out or the delivery of notices for any special meeting, a copy of the notice of such meeting shall be also 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 meeting. b. The chairman may designate special meetings for the pre- sentation 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, and accounts shall be open to the public. 3.4 UORUM. a. Five members shall constitute a quorum for the trans- action 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 City Council without six (6) affirmative votes. 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 con- firmed at a subsequent meeting at which a quorum was present. 9 36 !E_Q A1:j Ce�i'3t�N. Any of the Planning Board having a direct or indirect f i nanc i 7? i in any matter before the Board, or who may stand to gain ct financially or otherwise due to action of the Beard ;n chi:' F(zittes ; or who shall be related by blood marriage to a persoal i.aving, a proprietary interest in any matter before the ?card; ,, :"1 indicate such interest or relation- ship to the Bard and be from voting on such matters, unless the consent of six fit; members of the Board, not including the disqualified member, shy l ha..+e3 been obtained. 3a6 LUCl G G Board mumbers s:ha l ,;e regular in attendance. in the event a Board member is from three (3) consecut 3 ve regular or 25% of the meetings -2.�y calendar year, unless such absence be excused, shall be ct;> << := w ` to have resigned from said Hoard 3.7 01RD:R OF ySUS_i MESS a Agand•, T h:,, Secretary stea l i prepare an agenda for each meeting and the .cyder- of business shall be as follows: to Roll Call 2. Hearings. a. Advertised Public hearings the Chairman; will declare such a public hearing open and state its Purpose. The petitions, or proponent of the actlon advertised will be heard first b. Citizen requested by the Board to attend the meeting for d1scusslon of a local p-roblem, or aresentation of further e� information on a�� issue previously considered, C. Commun i cat ions : ' he writers of wh:ch, or their repre- sentatives are present in the audience and -wish to give additional information, or exp o anat:on to the writ ten S to t[',P1 en't's., do Citizens seeking Information; or desiring to present matters for ne,xlt mee M i ng's agenda (Recess if des3rea) Sus i mess sess;on at 6ih ch decisions are made by the board a. Approval of in i nu tes bo Reports 1 0 Comm ttees a. Zoning b o Streets c, Dul ldinos :eta; Properties d ul-ban Renewal e. Ord i nance f., Capital improvements grFir ance h., Executive- 20 Planning Director's Report co Other cortmstnical.-Ions it do New Business eo Adjournment 3.8 MOjiONS. Motions shall be restated by the Chair before a vote Is taken. The names of the persons making the motions and its second shall be recorded and transmitted to the City Council . 3.9 VOTING. Voting shall be recorded by verbal yeas and nays, un- less otherwise ordered by the Chairman. 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 PARU AMENTARX PROCEDURE. Except where otherwise specified, meetings shall be conducted according to the Robert Rules of Order, with the exception that the Chairman shall have a vote. Section 4.0 HEARONGS 4.1 MASTER PLAN AND ZONING HEARINGS. ao 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. bo Notice of the time and place of the hearings shall be given, 12 �' -7 not less than fifteen (15) nays prior to such hearings by one publication in THE STATE JOURNAL, by the City Council Proceedings, and by certified mail to each 'public utility or railroad within the geographical sections or division of the City affected. 402 SPECaAi. UEA RING5o Notice of special hearings for the purposes of presenting preliminary master plans, obtaining public opinion or a problem, or discussion of a particular problem with In- terested parties will be given in the most practical manner and to persons, or group representatives, most Interested. 4.3 NOTICE OE DECISION. A written notice 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 de- cision. Section 500 CIJTEE§ 5.1 STANDING COMMITTEES. There shall be the following standing committees: ao 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 Executive Committee shall act for the Board, on occasions 13 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 , program priorities, publicity; etc., and shall report at each regular meeting on its activities and actions. bo ZO N MGo Shall be composed of not less than three (3) members, who shall review all petitions and recommendations for zoning ordinance changes, rezonings, conditional use permits, and community unit plans; receive the recommendations of the staff pertaining thereto and make its recommendations to the Board. co STREETS AND SUBD1ViSiONSa Shall be composed of not less than three (3) members. its duties shall be to review all applications for subdivisions, the locations, relocations, opening, closing or widening of streets, alleys, expressways, and limited access thoroughfares, receive the recommendation of the Staff thereto and make its recommendations to the Board. do BUILD MGS AND PROPERT1ESa Shall be .composed of not less than three (3) members and shall study and review independently, or in conjunction with, public or private interests on the lo- cation, relocation, enlargement or abandonment of public land or buildings in relation to the Comprehensive Plan; initiate or review applications for the location or use of land or buildings therefor; receive staff recommendations pertaining thereto and make its recommendations to the Board. 14 eo URBAN RENEWAL: Shall be composed of not less than three (3) members and shall study and review; independently, or in conjunction with public and private interests to im- prove housing conditions, eliminate sub-standard housing, improve environmental conditions and sanitation; review applications for urban renewal ; receive recommendations of the Staff, and make its recommendations to the Board. fo ORD�NANCE. Shall be composed of not less than three (3) members and shall develop, study, and review; independently, and in conjunction with, public and private interests, plan- ning ordinances, and regulations or amendments to existing planning ordinances and regulations; receive recommendations to the Staff pertaining thereto, and make its recommendations to the Board. go CAP$TAL IMPROVEMENTS. Shall be composed of not less than four (4) members and shall study the economics of capital ex- penditures as they relate to the use of public structures and improvements, as proposed by local governments, independently and in conjunction with local governmental agencies, including need, priority of need, cost, financing, joint use and partici- pation, location and relation to the Comprehensive Master Plan; receive the recommendations of the Staff and recommend to the Board. 15 i n . �1 A!i f• , . . Slial-1 ,ba composed of not less than two (2) members, who shall study and roview thp,proposed budget and appropria- tions, receive reeoamends"Ons of the Staff pertaining there- io MW make Its r!+an :9dations to the Board o C�+rr►litters .#uy r--_u0ft4*,%A •o tct ►Ard on methods of Improving their npr t at i�x►a i p1'w+re+it _r i tatlutl with the Staff,, Sect ion 6 0 lU4T1tER5 YO 8 TEO f'OH Y STA OH dEHAU OF THE iadARD r AC .a PLAWNG-a a The Planning Director shall rake 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 uncer- tainty- or doubt as to the plans, policies or procedures ap- proved or established by the Planning Board, presentation of the matter shall be made at the Planning Board meetings. b, The Planning Dirtetor shall make all personnel requisitions and changes, in accordance with the budget and appropriations, Including promotions, demotions, removals, or suspensions and other personnel masters when warranted in his judgment, provided that °emotions, removals and Isle disciplinary actions shall be subject to approval of the Board in accordance with the city's career personnel merit system- 16 �- c. Requisition and purchase of supplies, materials, and equip- ment in conformity with the budget and appropriations. d. The responsibilities given in Section 7. 1 (a) shall include the review of plans requiring submission to the Planning Board. Section 7.0 PLANNING pM0 STAFF 7.l Aii1NOR i ZAT 10N. The City Planning Board Staff consists of a Plan- ning 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 Plan- Ong Director shall at all times be responsible to the Board for the administration of the department. b. The City Planning Board Staff is charged with the duty of preparation 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 1931 , as amended) and the Charter of the City of Lansing (Section 7.6 and 7.20) . 7.3 PLANING G DIRECTOR'S Dl1TIES. a. The Planning Director sha11 be responsible for the professional and administrative work in di- recting and coordinating the program of the City Planning Board. His work shall be carried on with the highest degree of professional 17 responsibility, subject to the policy dsterminations of the Plan- ning Board and administrative policies of the City Council and N�pr• b. Administrative dutle=. Tim Planning Director shall: 1. Supervise and review the work of the professional, technical and noiw technical employees of the City Planning Board Staff. 2. Prepare a proposed annual budget for the Planning De- partment to submit to the Planning Board. c. Policy 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 establish- ment of general planning policy. 3. Be responsible for formulation of staff policy. d. Effectuation of Plans. The Planning Director shall recom- mend to the Planning Board, action necessary for effectuating plans with respect to both public and private endeavors through such control techniques as.- ) . Zoning and Subdivision control . 2. Programs for capital expenditures 18 3. Long range comprehensive plans for the guidance of city growth. •• Public Relations. The Planning Director shall: }• Officially present the Planning Soard's recommendations to the City Council. x, 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 cgmprehens ive plans 4, Cooperate with public and private agencies and with individuals for the development, acceptance and ef- fectuation of plans. 5. Supply information fo,= and encourage interested public agencies and citizen organizations in programs to pro- mote public understanding and approval of planning. 6. Accept other responsibilities as may be directed by the Planning Board, City Council or Mayor. 705 STAFF USE OF GOMPENSATORy T MEa The Staff shall have •the right 19 to utilize compensatory time to advance their education by course work at any local educational institution, subject to the approval of the Planning Director. 7.6 GRIEVANCE PROCEDURE. Whenever a grievance arises it shall be brought to the 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 Chair- man 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 Section 13 of the Personnel Rules of the City of Lansing. 7.7 DISClPLiNARY ACTIONS. The employment: of any Staff members shall not be terminated or suspended until having received a warning in written form. Section 8.0 MEND ENTS 1N 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 20 the C:rrendment is to be voted upon. The of;"i rfrat.i ve vote of six (6) members shall be required 4o .amend the rules of procedure. 8.2 SUSPENS30N OF RULES,, 8t shall require the vote of six P6) members of the Board to suspend the rules of procedure., 2° A MTEND1X Not ;yet completed rep be submitted at a iaweb date. SELECTED REFERENCES USED iM TIHIS DOICUME-NIF ASPO, Planning Advisory Service 3nflormazion Report #90, Copyright 1960, American Society of Planning Officials Charter of the City of Lansing, Movember 3, 1955 City_2L ?ko�La� la�, The Rules o f Procedure or -the City Planning Com- mission and Staff .Re 'rbz 2 L Ra ) I .L�merjt of_Uin �, annir cecture. flichigan State �pnsirla Archi' University, June 9, 1959 Laws of Procedure, Toledo, Lucas County Plan CL%mmissloll, 1960 Laws Related to Planning, Mich39an Secretary of State­­41i chi gan Chapter Planners, 1959 Local Planning Co-nnilssioners Mandbook. Miciligan C'napter of American Institute of Planners, 1964. Now That 'You Have Said 'Yes, Soared Members Manua] , The Lansihns Cwvwnity Services Council , Februa%,-y, 196.14 Roberts Rules of Order, revised 19enry M,, Rolbert, Scot"--, Foresman. � co," Chicago, Minols, 1951 Thle Meeting Will Came is Order, Extension buliekin 294,, Richigaa State University Cooperative EY,-!-ens!vn Service, Cast Lansing, December, 1963 M07