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HomeMy WebLinkAboutOrdinances - 1968.08.01 - 8515ORDINANCE NO. 8 OAKLAND COUNTY PLANNING ORDINANCE AN CRDINANCE to provide a County plan and County Planning Commission as authorized and empowered by Act No. 252 of the Public Acts of 1945, as amended, with the powcrs and duties as therein set forth, for the purpose of guiding and accomplishing a co-ordinated, adjusted and harmonious development of the County which will. be in accordance with present and future needs for best promoting the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, as well as tor efficiency and economy in the process of development, having con- sideration of eNisting conditions and probablc -growth of the territory of the COunty of Oakland; such planning commission to function in cooperation with other constituted authorities of incorporated and MlinCnrporntrwl areas within the County of Oakland and to serve as a coordinating aggnoy for all planning commissions - • • within the County. ESTABLISHMENT OF COUNTY PLANNING COISSION Section 1. Under the authority of Act 252 of the Public Acts of 1.945, as amended, there is hereby established an OAKUM) CC.UNTY PLANNING COMMISSION with the powers and duties as therein set forth and as hereinafter provided and in whom is vested the general administration, management and responsibility to make an efficient and economic plan for the development of the County of Oakland in cooperation with the constituted authorities for invoryated and unincorporated areas within said County as best serves the present and future health, safety, morals, prosperity and general welfare of the inhabitants of the County of Oakland. This Ordinance shall be officially known and described as the *10)720.-tfiDCO-ONTY PLANNING COE.MSSION". COMMISSION MET23ERSHIP Section 2. The planning commission shall consist of (11) members as follows: (a) Eight (5) of the Commissioners shall individ- ually be representative of imperta7ut segments of the economic, covernantal and social life and development of Oakland County iu accordance with the major interests as they e;:ist in said County, such as ariculture t recreation, education, 9overnment, trt.n3porion, industry and commerce; provided hower, that eight (8) mcmbes shall hold no ol;cr office or position in County government. (b) The throe (3) persons who, from ti Ea to tic, occi:py thv officcs of County Drain Colni5sioncz, Cbairtaan of the County Pc;L'.z:1 Ce."=,m=.5'siom and Director of th'. Coun%y Dopaztmant of Wa.:17.s shall be o officio me7.bers of the Pining Coitmiszdon 7.7;o7:1 tc;;mo of office of thd &c officio nc-,ribrs haTl corronpond to tbcx ro.spootive t(e;iu;:la CL as nay bc c:-Lu:,i)lcd by theCounty Zoi:1:.:2 of eleven APPOINMENT AND TERM OF OFFICE OF COMMISSIONERS_ Section 3. (,a) Tha method of appointment and term of office of members of the County ?lanning Commission shall be by the Chair- man of the Oakland County Board of Supervisors, with the approval of the Board of Supervisors; provided that the term of each member as appointed in Section 2 (a) shall be for three (3) years, except upon the first appointment of the membership by said Chairman the term of office nay be varied to permit the establishment of over-lapping terms of office. .c.b) The reuappointment of County Planning Commissioners shall not be prohibited. OATH OF OFFICE • Section 4. Each member of the Oakland County Planning Commission shall, before assuming the duties of Commissioner, -qualify by taking an oath of office to be administered by the County Clerk. VACANCY ON COr.'..ISSION Section 5. A vacancy in the membership of the Commission shall be filled within sixty (60) days after the date of the vacancy, for the unexpired term, in the same manner as the position was previously filled. • REMOVAL OF KE.r.:EER Section 64 The Oakland County Board o,f Supervisors may remove any member of the planning commission for non-performance of duty or misconauct upon public hearing. • REIMBURSEVENT OF Mr1.2ER5 Section 7. (a) MuSbers of the planning ComRissi 71zA)1_ maY eEUstc DV resolution receive •iaault compensation and_ mileage as kenelkx 0: ;he Boar ,,1 of Supe.rvioors; except thi.o. ex o'fficio me;4bers shall serve withOlvt ccapenSatiOn. (b) Al! mmbaro of the Commission shall be relmbur;.,cd for actual, reasonable and necessary expenses incured ih :11c discharge of their duties. COMMISSION CKAIRMAN - SECRETARY - MEETTNGS Section 3. The Planning Commission shall elect a chairman from its appointive members as defined in Section 2 (a) hereof; and appoint a secretary; and create and fill such other .offices as it nay determine advisable. The Commission shall holtrmeetings as often as is determined necessary, but not leSs than four (4) regular meetings shall be held each year. It shall adopt rules . ror the transaction of-business and shall keep a record, of its resolutions, transactions, findings and determinations, which record shall be a public record. All meetings of the Planning Commission shall be public.. - QUORUM - VOTING Section 9. Each Commissiover shall be entitled to one vote in the meetings of the Pla.nnifig Conmission. Six (6) members of the Planning Commission shall constitute a quorum and at least ..Y- (6) concurring votes shall be. necessary for a decision by the :Commision at any meetino of the Commission. ' . . APPROPRIATIONS roR COMMISSION Section 10. The County Board of Supervisors may appropriate funds for reimbursement of the members of the Commission for such reasonable and necessary expenses as may be deemed necessary fGr carrying out the powers herein conferred and the duties herein prescrib. JURISDICTION - BOARD OF -AUDITORS Section 11. The Planning Department shall be under the jurisdiction of theCounty Board of Auditors. • - STATUS OF EMPLOYEES Section12. ' The appointment of employees shall be subject to the same provisions of law as govern other corresponding civi) employees of the rounty. USE OP PUW-IC TNFORMTTON Section 13 The County Plning Comission jyauthorized and i:irecLd to mike use of the expert advice and ini:ormii.un which oay be furnialwd by appropriate federal, state, county and municipal (ic.1 ,4COAtS and agenc5 having infurmation, mapa and data :)crticle:It to County FUNCTION OF COUNTY PLANNING CONTITSSION AND PLAN Section 14. It shall be a function of the County Planning Commission to make a plan for the development of the County. (a) Which plan way include planning in cooperation with the constituted authorities for incorporated areas in whole- or to the extent to which, in the Commissioners' judgment, they are related to the planning of the unincorporated territory or of the County as.a whole. (b) The plan, with accompanying naps, plats, charts and all pertinent -and descriptive explanatory matter, shall show the planning commission's recommendations for the development of the County. (c) In the preparati9n of a county development plan, the Planning Commission shall'Makc careful and comprehensive studies of the existino conditions and probable growth of the territory within its jurisdiction. PURPOS OF PLAN Section 15. Such plan shall be made with the purpose of guid- ing and accomplishing a coordinated, adjusted and harmonious development of the county which will be in accordance with present and future needs for best promoting the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, as well as for efficiency and economy in the process of development. DUTY OF PLANNING COMMISSION Section 16. It shall be the duty of the Oakland County Plann- ing Commission to: (a) Make studies, investigations and surveys relative to the economic, social, and physical development of the County. (b)" Formulate plans and make recommendations for the most effective economic, social andphysical development of the County. (o) Cooperate with all departments of the State and Federal government and other public agencies concerned with programs directed towards the economic, social and physical development of thc County and seek the maximum coordination of the County prnc:rams of tesc agencies. (d) -Consult with representatives of adjacent countes in respect to their planninn so that conflicts in over-all county plans nay be av,:tidcd. CO-ORDINATING AGENCY Section 17. ' The Oakland County Planning Commission may serve as a co-ordinating agency for all planning committees and commissions within the County. ADOPTION OF PLAN - AMENDMENT • V Section 18. The Planning Commission may adopt the plan as a whole Liy a single resolution, or may by successive reso/utions adopt successive parts of the plan, said parts corresponding to major geographical sections of the county or to functional divisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. • • 7 VOT2 ON ADOPTION - PUBLIC IMARING Section 19. The adoption of the plan, or of any such part, amendment, extension or addition, shall by resolution be carried by the T.,Ifirmative votes of not less than a majority of the full member- ship of the Commission after duly advertised public nearing. The resolution shall refer expressly to the maps, plats, charts and descriptive and w.planatory matter intended by the Commission to fern the whole or part of. the plan, and the action taken shall be recorded Or. the maps, plats, charts and descriptive and explanatoxy matter by the identifying signature of the Chairman of the Common. CERTIFICATION OF PLAN APPROVAL OF PRO.7ECT EY COMMISSION Section 20. Following adoption of the plan, or any part thf:xcof, by the Planning Commission and the certification by the Commission to the Oakland. County Board of Supervisors of a copy of the County Plan, no work shall be initiated on any project involving The ex:wnd- iture of funds by .tne County Eoar, Oepartment, or Agency, for the acquisition of —land, the erection of structures, the extension, construction or improvement of any physical facility by the County Eoard, Dc?aron or Agency unless a fr.11 description of the pl'ojeet, its prop7fsed locatl.on and c):tent thereof shall have 'oven submItted to the Plannih Com7Jission and the repot and advice of the Comf:dsoin th.,:reon been recci,Jed b; the! County Board of and by Coui2ty Dcpal:tmnt or A(..,71 .izy, submiAtincj the prol/usaI. WAIVER OF qEV1EW t7,ection 21. The requIrcment for the Plaunin Co:Qmission's -eic i1 bv dO•mad to hc-• waived if within 30 days after the pro- th thQ Ccfmflion ail ft1;:til. in writinD, it3 repozt rinl advice tyQn the proposal. ADOPTION OF PLAN BY MUNICIPALITY Section 22. Any plan describing the recemmcaded deve/opment of an Incorporated area shall not be recognized as an official plan for that area unless adopted by the municipality in the manner prescribed for the adoption of said plans by municipalities under the provisions of the state statutes or the local Charter. PUBLICITY AND EDUCATION Section 23. The Commission is hereby enpowered to promote public interest in an understanding of the plan and to that end may publish and distribute copies of the County Plan or of any report thereon and may employ.saTch other means of publicity and education as it may determine advisable. Suction 24. Members of the Commission, when duly authorized by the Co;ttmission, may attend conferences and meetings doaIing with planning problems and techniques and any hearings on pending planning legislation and the Commission may, by resolution, pay the reasonable traveling expenses incident to such attendance. he Planning Comm- ission, as part of its duties, shall consult and advise with public officials and public agencies, other planning Commissions, or committees, private organizations and agencies, '.nd citizens of the CovnZy to develop adequate support and understanding o the objectives of the County Plan. GIF-rS Section 25. The Oakland County Planning Commission shall have the rigl)t to accept and use gifts to be used for the purposem herein contained. APPOINTMENT OF ADVISORY COMMITTEES Section 26. The Planning Commission may appoint advisory Comm- ittees or Councils which may be composed of individuals qualified by experience, training, or interests to assist in the consideration and solutin of County problems and representative of the governmental on withfn the county, t;och ns townnhips or incorpor.7,te ,;! places and other functional groups or agencies. ACCEPTANCE OP RANTS Section 27. In addition to the powers conferred by other provisions of this ordinance, the commission may ai,ply for, receive and accept grants from &ny governmental agency, or from the federal government, necessary, convenient or desirable. The commission may do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in carrying out the functions of the commission, when approved by a 2/3 vote of the board of supervisors. SAVING AND REPEAL PROVISIONS Section 28. (a) If any section, sub-section, paragriAph, sntence, clause or phrasd orihis Ordinance is for any reason held to be invalid or unconstitutional, such holding shall not be doustrucd as affecting the validity of any of the remaining &lecl:ions, sub-sections, paragraphs, scntences,'cIauscs or phrases of this ordinance or the ordinance as an entirety; it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any section or part of any section. (b) It is further Ordained that all actions by the Oland County Planning Commission heretofore estab1i ,3hed Xi:icellaneous Resolution No, 2496, dated August 9, 1949, of the Oakland County Board of Supivisors, be and the same are hereby ratified. (c) All Ordinances or Resolutions, or parts the:reef s insofar as the same may be in conflict herewith are hereby rePealeJ. .gPFPCTWE DATE • Section 29. The effective date of the Oakland County Planning Ordinance shall be the 1st day of August, A, D., 1968. • ••••:: •