First edition, (date)
Adopted by the Silver Creek Planning and Zoning board, (date)
Adopted by the Silver Creek Supervisory Board, (date)
This document is subject to review and revision by agreement of the Silver Creek Planning and Zoning Board and the Silver Creek Supervisory Board.
101.The organization shall be known as the Silver Creek Planning & Zoning Board of the Township of Silver Creek, Wright County, Minnesota.
201.The Silver Creek Planning & Zoning Board was organized by the Silver creek Advisory Board in 1976 as a means to handle planning & zoning issues being brought forward at that time. In the interest of providing a fair representation across the township, five categories of involvement were implemented. The five categories are: 1.) Senior Citizen 2.) Full time farmer 3.) Part time farmer 4.) Business Owner 5.) Lakeshore Owner
202.While recognizing that in todays environment it may not be possible, in the interest of trying to preserve the original 1976 member representation, efforts should be made by the Supervisory Board to select candidates for Planning & Zoning Board positions based (in part) on filling the above categories.
203.The Planning & Zoning Board is an advisory board to the Silver Creek Supervisory Board. Reviews and actions taken by the Planning & Zoning Board are recommendations to the Supervisory Board and DO NOT constitute a final decision on any application.
204.The board shall consist of five members who are appointed by the Silver Creek Supervisory Board. The five members shall consist of one chairperson, one vice chairperson and three members at large. The chairperson and the vice chairperson shall be elected to their positions by the at large members of the Planning & Zoning Board.
205.The board meetings will be chaired by the chairperson. In the event the chairperson is not in attendance, the vice chairperson will act as the chairperson.
206. The vice chairperson and each of the three members at large shall have equal voting power of one vote . In the event of a tie vote among the vice chairperson and the members at large, the chairperson shall cast the deciding vote.
207.Terms of service of board members shall be three years. Upon completion of a three year term, the Supervisory Board shall have the option of reappointing the same individual or appointing another individual to that position. A maximum of two consecutive terms may be served. A board member having served two consecutive terms may not serve on the board again until one year has elapsed.
208.The Supervisory Board shall have the right to ask any Planning & Zoning board member to step down at any time at the will of the Supervisory Board and to fill the vacant position per section 204 of this manual.
209. A board member may choose to resign at any time.
210.When a vacancy occurs on the board, it shall be filled by action of the Board of Supervisors. Supervisory Board action shall include advertising for the position in a newspaper officially designated by the Supervisory Board, advertising on the official township web site, advertising in the township newsletter, and advertising on the township bulletin board. Before the final selection of an applicant by the Supervisory Board, the Planning and Zoning Board shall be given the opportunity to interview all the applicants and discuss the applicants with the Supervisory Board.
211.Payment for services of Planning & Zoning Board members is set by the Supervisory Board and shall be reviewed on an annual basis. Current (2010) payment for services is $40.00 per attended meeting and $10.00 per site visit.
212.Planning and Zoning meetings shall be held at 7:00 P.M. on the second Tuesday of each month. Also in attendance at these regularly scheduled meetings shall be the Supervisory Board members and the Township clerk.
213.A regularly scheduled meeting may be cancelled by the Planning and Zoning Board chairperson upon adequate notification of all Planning & Zoning personnel, all Supervisory Board personnel, and the Township clerk.
214.Agenda of Board meetings shall be set by the Board chairperson.
301.To be heard by the Planning & Zoning Board at any regularly scheduled meeting, applicants must submit their applications by 4:00 P.M. on the second Tuesday of the preceding month. This will provide adequate time for the Township to provide three weeks notification to affected neighbors and landowners of the applicants request & hearing date.
302.“Affected neighbors and landowners” is deemed to include those living or owning land within an area of 500 feet of any property line of the applicant.
303.The Township shall be responsible for neighbor and landowner notification. Said notification shall be by first class mail. Said notification shall include a summary of the application as well as applicants name and address and address of affected property. Said notification will also include the date, time and location of the hearing.
304.Public notice of agenda for Planning and Zoning Board meetings shall be posted on the Township internet web page and on the information board located at the Township hall.
305.Applications for variances or rezoning and requests for renewals of Conditional Use Permits can only be submitted in the form of a written document to the Township Clerk in the Township office. Electronic mail, facsimiles, first class mail, currier service or hand delivery are acceptable means of delivery.
306.Applications to the Planning and Zoning Board shall include all pertinent information available at the time of application including, but not limited to: Applicants name, address, phone number, and address of affected property. Current property description as described on tax records, current zone and land use designation as set forth by Wright County. The application shall also include the proposed permit, variance or rezone request.
307.Verbal presentations to the Board shall be supplemented with pertinent maps, drawings, sketches, photos and written data which will become property of the Township and kept on file by the Township.
308.Applicants submitting requests after the application deadline (see item 301), or other than in writing (see item 305) may be heard by the Planning and Zoning Board, but no action will be taken. Action by the Board will be delayed until the next regularly scheduled Planning and Zoning Board meeting in accordance with item 301.
309.In order for the Board to act on an application, applicants must appear in person or be represented by persons approved by the applicant. Failure to appear in person or by representative will cause the board to table the issue. The applicant will then be required to reschedule at another regularly scheduled Board meeting, according to item 301.
310.Persons (applicants or any other party) wishing to address the Board shall first identify themselves with their name and address.
311.Upon hearing an applicant’s request, the Planning and Zoning Board take the matter under consideration including taking questions /comments from the attending audience. The Board may choose to table the mater until further information can be gathered. Upon completion of consideration/ discussion, the Board will vote for approval or denial of the request and state reasons for their action. The Planning and Zoning Board may attach conditions to any approved recommendation that they may deem necessary to protect the interests of the surrounding area or the community as a whole, again stating reasons for the attached conditions.
312.After voting on any application, the recommendations of the Planning and Zoning Board will be forwarded to the Supervisory Board for further action. The Supervisory Board meets in conjunction with the Planning and Zoning Board and will hear the recommendation of the Planning and Zoning Board during that same meeting.
313.Upon receiving a recommendation from the Planning and Zoning Board, the Supervisory Board will vote on said recommendation. If the Supervisory Board votes to agree with the Planning and Zoning Board’s recommendation, the approval will be forwarded to the Wright County Planning and Zoning Board for final review and action. If the Supervisory Board votes to disagree with the recommendation of the Planning and Zoning Board, the Supervisory Board shall review the recommendation, and then vote to approve or deny the application. The Supervisory Boards decision will then be forwarded to the Wright County Planning and Zoning Board for further action.
314. Actions taken by the Supervisory Board are recommendations to the Wright County Board and DO NOT constitute the final decision on any application. Final approval or denial of any new Conditional Use Permit, renewal of a current Conditional Use Permit, Variance or Rezone request rests with the Wright County Planning and Zoning Board. Applicants must present to the Wright County Planning and Zoning Board after presenting to the Silver Creek Planning and Zoning Board and Silver Creek Supervisory Board. Applicants applying to be heard before the Wright County Planning and Zoning Board are urged to follow rules set forth by the Wright County Board. If an applicant should apply directly to the Wright County Board without first appearing before the Silver Creek Boards, the applicant may be denied his or her hearing (including forfeiture the County fee for said hearing) and be directed by the county to first appear before the Township Boards.
315.The Silver Creek Boards request the results of Wright County Board’s action, including any changes the Wright County Board may make to the Silver Creek Board’s recommendations.
316. The township clerk shall keep files of each applicant, including, but not limited to: applicants’ paperwork & other presented data, date of Board review, Planning and Zoning Board decision, Supervisory Board Decision, County Board decision, any other applicable information.
401. It shall be the duty and responsibility of the Planning & Zoning board to hear & act upon issues brought before them relating to zoning, requests for zoning changes, land use variances, conditional use permits and planned unit developments.
402. Conditional use permits shall pertain to allowable uses of the land as set forth in the Wright County land use plan.
501.It shall be the responsibility of each individual P & Z Board member to become familiar with issues being presented to the board PRIOR to any Board meeting. This, in many instances, will mean visiting the site in question. This will also mean becoming familiar with all pertinent County zone maps, County land use maps, and any other data available to them.
502.All Board members shall conduct themselves in a professional manner at all times while performing Township business.
503.Decisions of the board members are to be based on presented facts & conditions allowable by law and that they deem necessary to protect the interest of the surrounding area or community as a whole. Decisions are not to be based on personal agenda.
601.The Supervisory Board shall advertize for open position(s) on the Planning & Zoning Board by placing an advertisement in the Township legal newspaper, by a posting on the Township hall bulletin board, and by a posting on the Township web site.
602.An applicant shall submit a resume’ at least one week prior to the next regularly scheduled Planning & Zoning Board meeting.
603. Applicants shall appear before the Planning & Zoning Board and the Supervisory Board during the next regularly scheduled planning & Zoning Board meeting. Both boards will be given the opportunity to interview the applicant during said meeting.
604.The Planning & Zoning Board will consider all applicants & make their recommendation to the Supervisory Board during a closed portion of the Planning & Zoning Board meeting.
605.Selection of new Planning & Zoning Board Member(s) will be made by paper ballot vote by the Supervisory Board during their next regularly scheduled meeting.