NEWBERG TOWNSHIP PLANNING COMMISSION ORDINANCE

Adopted July 23, 2026

AN ORDINANCE to create a Planning Commission for Newberg Township as authorized by P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L. 125.3801 et. seq., for the purpose of planning and zoning in Newberg Township, to create a Planning Commission; organize and enumerate powers and duties of the Planning Commission; and to provide for the regulation and subdivision of land, coordinated and harmonious development of Newberg Township, and to function in cooperation with other municipalities and areas surrounding Newberg Township.

THE PEOPLE OF NEWBERG TOWNSHIP ORDAIN:

Section 1. Creation. There shall be a Newberg Township Planning Commission pursuant to P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L. 125.3801 et. seq., hereinafter referred to as the “Commission” with the powers and duties as therein set forth and as hereinafter provided. This ordinance shall be officially known and described as the “Newberg Township Planning Commission Ordinance.”

Section 2. Membership.
A. The Commission shall consist of seven (7) members appointed by the Newberg Township Board. To be qualified to be a member and remain a member of the Planning Commission, the individual shall meet the following qualifications:

i. shall be a qualified elector of the Township, except that one member may be a non-qualified elector;

ii. shall not hold any elected office or employment with the local unit of government, unless an ex officio member;

iii. shall not be a declared candidate for any political office, except this condition shall not apply to the Township Board representative to the Commission;

iv. after an individual’s first appointment and before reappointment shall have attended training for Commission members, pursuant to section 4 of this ordinance;

v. an individual serving on the Commission shall meet the conditions provided for each individual member in sections 2.B, 2.D, and 2.E of this Ordinance, except the geographical location of the individual’s residency may be considered optional.

B. Members shall be appointed for three-year terms. However, when first appointed, two
(2) members shall be appointed to a one-year term, two (2) members shall be appointed two-year terms, and three (3) members shall be appointed to three-year terms such that, as nearly as possible, the terms of½ of all commission members will expire each year. If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as provided for an original appointment such that, as nearly as possible, the terms of½ of all commission members continue to expire each year.

C. One member shall also be a member of the Township Board of trustees, whose term of office shall coincide with his or her elected term of office on the Township Board of trustees.

D. The membership shall be representative of the important segments of the community, such as the economic, governmental, educational, and social development of the Township, in accordance with the major interests as they exist in Newberg Township, as follows:

i. Agriculture;

ii. Natural resources;

iii. Recreation;

iv. Education;

v. Public health;

vi. Government;

vii. Transportation;

viii. Industry;

ix. Housing;

x. Commerce.

E. The membership shall also be representative of the entire geography of the Township to the extent practicable, and as a secondary consideration to the representation of the major interests.

Section 3. Liaisons.
A. The Commission, in its Bylaws, may name “liaisons” to the Commission. The purpose of liaisons is to provide certain Township and quasi-Township officials the ability to participate in discussion with the Commission in addition to speaking in public participation. At a minimum, liaisons shall include:

1. Planning Commission agents and consultants, if any.

2. Township Zoning Administrator/Code Enforcement Official.

3. Township Attorney.

Section 4. Training.
A. Appointed members of the Commission shall attend educational programs designed for training members of Michigan planning commissions if the adopted Township budget for that fiscal year includes funds to pay for tuition, registration, and travel expenses for the training.

   Nothing in this paragraph shall deem a member who has not had training from finishing his term of office unless the member resigns or is removed by action of the Township Board. The Commission member shall be ineligible for reappointment at the conclusion of the term of office if they did not attend training. The Commission shall include in its Bylaws what training programs qualify to meet this requirement.

Section 5. Members, Appointment and Terms.
A. In May of each year, the Township Clerk shall determine which members’ terms of office expire and shall post the available openings on the Township website.

B. By June 15 of each year, if the Clerk has not received any nominations or letters of interest for the open positions, the Clerk shall advertise on the Township website and in a local newspaper for applications. In each posting, the Clerk shall state during which month the Township will consider the applications.

C. Appointments for the Planning Commission shall be presented by the Township Supervisor, subject to a vote of approval by a majority of the Township Board

Section 6. Removal from Office.
A. The Township Board, by majority vote, 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 shall be considered nonfeasance in office.

B. The secretary of the Planning Commission shall report any member who has missed three regular meetings in a row to the Township Board.

Section 7. Initial Appointments; Vacancies.
A. The Township Board shall appoint all members of the Commission as specified in Section 2 of this Ordinance at the first Township Board meeting held after the effective date of this Ordinance.

B. The Township Board shall fill any vacancy in the membership of the Commission for the unexpired terms in the same manner as the initial appointment.

Section 8. Compensation. 
All members of the Planning Commission shall serve without compensation.

Section 9. Meetings & Quorum. The Commission shall meet at least four (4) times a year. A majority of the Commission (4 Commissioners) shall constitute a quorum for the transaction of the ordinary business of said Commission and all questions which shall arise at their meetings shall be determined by a vote of the majority of the members of the Planning Commission.

Section 10. Recommendations or Approvals. The affirmative vote of½ of the total number of seats for members of the Commission, regardless of whether vacancies or absences exist, shall be necessary for the adoption, or recommendation for adoption, of any plan or amendment to a plan.

Section 11. 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 seq.; and P.A. 110 of the Public Acts of 2006, as amended, being the Michigan Zoning Enabling Act, (M.C.L. 125.3101 et seq.).

Section 12. Effective Date. This Ordinance shall become effective 63 days after publication.

A Motion was made to adopt this Ordinance by Township Board Member Rifenberg and seconded by Township Board Member Harvey.

AYES: Duff, Blackburn, Harvey, Griffiths and Rifenberg NAYS: None

ORDINANCE DECLARED ADOPTED.
Date: July 23, 2026

Amanda Norton-Duff
Township Clerk

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