(a) Creation. There shall be a Village of Beverly Hills Planning Commission pursuant to P.A. 33 of 2008, as amended, hereinafter referred to as the “Commission” with the powers and duties as hereinafter provided. This Ordinance shall be officially known and described as the “Village of Beverly Hills Planning Commission Ordinance.”
(b) Membership. The Commission shall consist of nine (9) members, who shall be qualified electors and freeholders in the Village of Beverly Hills, and who shall represent insofar as is possible, different professions or occupations, and geographic areas of the Village, and who shall be appointed by the Village Council. The term of each member so appointed shall be for a period of three (3) years from July 1st of the year in which the member is appointed, or until a successor takes office, except that in the case of the first Village Planning Commission appointed hereunder, the terms of three members shall be for a period of three (3) years each. Vacancies occurring otherwise than through the expiration term, shall be filled for the balance of the unexpired term by the Village Council. All members of the Commission shall serve without compensation.
The Village President, Village Manager, and one or more members of the Village Council may be appointed as ex officio members of the Commission, provided that not more than one-third of the Commission members may be ex officio members. The term of the Village Manager shall expire with the term of the Village President who appointed him or her as Village Manager.
(c) Removal. The Village of Beverly Hills may remove a member of the Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Failure to disclose a potential conflict of interest shall be considered malfeasance in office. Failure to repeatedly attend Commission meetings without being excused by the Commission Chair shall be considered nonfeasance in office. The secretary of the Commission shall report any member who has three (3) consecutive unexcused absences to the Village Council.
(d) Elections, Meetings and Bylaws. The Commission shall, from its appointed members, elect a chair, vice-chair and secretary. The Village Clerk, or his or her duly authorized deputy, shall assist the Commission and shall keep a record of all its proceedings. The Commission shall hold at least one regular public meeting quarterly, shall adopt Bylaws for the transaction of its business, and shall keep a full and complete record of its resolutions, transactions, findings and determinations, which record shall be provided annually to the Village Council.
(e) Powers and Duties. The Commission shall have their powers and duties as set forth in P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, (M.C.L. 125.3801 et dseq.); and P.A. 110 of 2006, as amended, being the Michigan Zoning Enabling Act (M.C.L. 125.3101 et seq.).
The Commission shall have the authority to apply for and receive grants from any government agency or the federal government and to receive gifts pursuant to P.A. 33 of 2008.
21.02 PLANNING COMMISSION CONSULTING SERVICES AND BUDGET
The Commission may call upon the Village Council for such services and data by the various departments as it may require. The Commission may recommend to the Village Council the securing of such professional and consulting services as it may require; provided, however, that no expenditures of funds shall be made, or contracts entered into for providing such professional or consulting services, unless the same shall be first approved and authorized by the Village Council. No later than the first day of April in each year, the Commission shall prepare and submit to the Village Council a tentative outline of its program for the ensuing Village fiscal year, together with its budget for such ensuing year, which outline and budget shall serve as a guide in the appropriation of monies by the Village Council; provided, that nothing contained herein shall be interpreted to require the Village Council to appropriate the sum or amount requested for such budget. No funds shall be expended in connection with the Commission in excess of amounts appropriated for that purpose by the Village Council.
21.03 FUNCTION AND DUTIES OF PLANNING COMMISSION
(a) It shall be the function and duty of the Commission to advise the Village Council in regard to the proper development of the Village of Beverly Hills, and to make suggestions for the development of any areas outside its boundary which, in the Commission’s judgment, bear relation to the planning of the Village. In this regard, the Commission is authorized to advise with and to cooperate with the planning and legislative bodies of other governmental units in any area outside the boundaries of the Village of Beverly Hills.
(b) The Commission is authorized to prepare a recommendation for the physical development of the municipality, either in its entirety, or in part. Such recommendations, together with accompanying maps, plats, charts, and descriptive matter shall indicate the Commission’s suggestions for the development of such territory.
(c) The Commission is authorized to recommend for the guidance of the Village Council, a Zoning Ordinance for the control of the height, area, bulk, location, and use of buildings and premises. The Commission may, from time to time, amend, extend or add to such recommendations, and the same shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the Village and its environs.
(d) The Commission may hold public meetings and/or hearings, from time to time, as it may deem advisable or necessary in connection with the proper performance of its functions hereunder. At least one joint meeting of the Village Council and Commission shall be held annually at a time to be designated by the Village President, and it shall be the duty of the Village President to call such meeting or meetings in accordance with the provisions hereof.
21.04 RECOMMENDATIONS OF PLANNING COMMISSION
When any recommendation, or part thereof, has been approved by the Commission, the same shall be referred to the Village Council.
21.05 VILLAGE COUNCIL REFERRALS
In addition to the functions hereinbefore set forth, it shall be the function of the Commission to pass upon all matters referred to it by the Village Council and to give the Village Council the benefit of its judgment with relation to such matters so referred. Matters so referred may include, but not be restricted to, requests for change of zoning, requests for closing, opening or altering streets or alleys, requests for issuing building permits, and any other matters which bear relation to the physical development or growth of the Village. {Ord. 342; 9-1-12}