All powers, duties, and responsibilities for a zoning board as provided by the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) are hereby transferred to the Planning Commission in accordance with section 11 of Public Act No. 168 of 1959 (MCL 125.331).

(Comp. Ords. 1990, § 130.312)

The office of Zoning Officer is hereby created. The Zoning Officer shall be appointed by the Township Board.

(Comp. Ords. 1990, § 130.2002)

The Zoning Officer shall have the following duties and powers:

(1)

The Zoning Officer shall administer and enforce all provisions of this chapter and shall issue all necessary notices or orders to ensure compliance with such provisions, except as otherwise provided elsewhere in this chapter.

(2)

The Zoning Officer shall receive applications for and issue certificates of zoning compliance in accordance with this chapter and shall issue certificates of occupancy as required by this chapter.

(3)

The Zoning Officer shall make all inspections required by this chapter, and all inspections necessary to enforce the provisions of this chapter, and may engage the assistance of the Township Fire Chief, Building Inspector, and engineer as deemed necessary in making such inspections. The Zoning Officer may engage other expert opinion to assist in making such inspections, subject to approval of the Township Board.

(4)

The Zoning Officer shall identify and process all violations of this chapter. The Zoning Officer shall be responsible for making periodic inspections of the Township or parts thereof for the purpose of identifying violations of this chapter.

(5)

The Zoning Officer shall submit to the Township Board and Planning Commission an annual report in which a summary of the activities of the office is presented.

(Comp. Ords. 1990, § 130.2003)

(a)

Applications for certificates of zoning compliance shall be made to the Zoning Officer. Each application shall include a site plan if required in section 74-54(k) and all information necessary to determine zoning compliance.

(b)

All plans to be submitted to the Building Inspector for a building permit shall first be submitted for review and approval by the Zoning Officer with respect to the requirements of this chapter. No building permit shall be issued unless a certificate of zoning compliance has been issued by the Zoning Officer for the same development and is in effect.

(c)

In all cases in which an occupancy permit is required, but a building permit is not required, the occupancy permit shall not be issued unless a certificate of zoning compliance has been issued by the Zoning Officer and is in effect.

(d)

A certificate of zoning compliance shall not be issued for any use or structure unless such use or structure and the lot on which it is situated meets all requirements of this chapter; provided, however, that a certificate of zoning compliance shall be issued for a use or structure and the lot on which it is situated on which one or more legal nonconformities exist. In such case, the certificate of zoning compliance shall not be issued for any use or structure and the lot on which it is situated if any illegal nonconformity exists thereon.

(e)

Application for a certificate of zoning compliance may be made by the owner or lessee of the structure or lot, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work or operation. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work or operation is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(f)

Subject to the limitations of section 74-54(h), approved amendments to a plan, application, or other records accompanying the same may be filed at any time with the Zoning Officer before completion of the work for which the certificate was approved and before a certificate of occupancy is issued; and such amendments, when approved, shall be deemed part of the original application and shall be filed therewith.

(g)

The Zoning Officer shall examine or cause to be examined all applications for a certificate of zoning compliance and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to all requirements of this chapter, the Zoning Officer shall reject such application in writing, stating the reasons therefor. If the application or plans do so conform, the Zoning Officer shall issue a certificate of zoning compliance therefor as soon as practicable. The Zoning Officer shall sign every certificate, or may authorize a subordinate to affix such signature thereto. The Zoning Officer shall stamp and endorse all sets of corrected and approved plans submitted with such application as "approved."

(h)

An application for a certificate of zoning compliance shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently pursued or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The Zoning Officer may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding 90 days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.

(i)

In case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based, any zoning compliance certificate issued thereto shall be deemed null and void.

(j)

Issuance of a certificate of zoning compliance shall be subject to the following conditions:

(1)

No certificate shall be issued until the required fees have been paid.

(2)

All work or use shall conform to the approved application and plans for which the certificate has been issued and any approved amendments thereto.

(3)

All work or use shall conform to the approved final site plan, if required, except foundation and grading permits may be issued in accordance with section 74-54(e).

(k)

An application for a certificate of zoning compliance shall be accompanied either by a site plan as required in this section, or by a site plan as required under article II, division 4, site plan review, whichever applies. If a site plan is not required under article II, division 4, a site plan shall be submitted as required by this section. A required site plan shall be drawn to scale, submitted in three copies, and shall provide the following information:

(1)

Scale, date, and north point.

(2)

Location, shape, and dimensions of the lot.

(3)

Dimensioned location, outline, and dimensions of all existing and proposed structures, and the location and extent of all uses not involving structures.

(4)

A clear description of existing and intended uses of all structures.

(5)

Additional information as required by the Zoning Officer for the purposes of determining compliance with the provisions of this chapter.

(Comp. Ords. 1990, § 130.2003)

No building permit shall be issued for the erection, alteration, moving, or repair of any structure or part thereof which does not comply with all provisions of this chapter and unless a certificate of zoning compliance has been issued therefor by the Zoning Officer and is in effect. No structure shall be erected, moved, added to, or structurally altered unless a building permit shall have been issued therefor by the Building Inspector.

(Comp. Ords. 1990, § 130.2004)

(a)

Requirement; issuance. It shall be unlawful to use or occupy or to permit the use or occupancy of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure after December 13, 1976, until a certificate of occupancy shall have been issued therefor by the Building Inspector. A certificate of occupancy shall not be issued until it has been signed by the Zoning Officer, such signature signifying compliance with all provisions of this chapter. A certificate of occupancy shall not be issued for any building or structure or a part thereof, or for the use of land, that does not comply with all provisions of this chapter. The certificate shall state that the building, structure, and lot and use thereof, conform to the requirements of this chapter, and shall list each legal nonconformity existing on the premises. Failure to obtain a certificate of occupancy when required shall be a violation of this chapter and punishable under division 2 of this article.

(b)

Use of lot without structure. Any lot vacant at the effective date of this chapter shall not be used, nor may any use of a lot without a structure existing at the effective date of the ordinance from which this chapter is derived be changed to any other use, unless a certificate of occupancy shall have first been issued for the new or different use. A certificate of occupancy shall not be required for agriculturally used lands, such as cropland, pastureland, and woodland.

(c)

Change in structure. A structure or part thereof shall not be changed to or occupied by a use different from that existing at the effective date of the ordinance from which this chapter is derived unless a certificate of occupancy is first issued for the different use.

(d)

New or altered structure. Any structure or part thereof erected or altered after the effective date of this chapter shall not be occupied or used until a certificate of occupancy is issued for such structure.

(e)

Existing structure and use. A certificate of occupancy shall be issued, upon request of the owner, for an existing structure or part thereof, or for an existing use of land, including legal nonconforming uses and structures, if after inspection of the premises, it is found that such structures or uses comply with all provisions of this chapter, or otherwise have legal, nonconforming status. All legal nonconformities shall be clearly described on the certificate of occupancy. A certificate of occupancy shall not be issued for any premises on which illegal nonconformities exist.

(f)

Accessory structures. An accessory structure shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the principal structure, when such accessory structure is completed under the same building permit as the principal structure.

(g)

Application. Application for certificates of occupancy shall be made in writing to the Building Inspector on forms therefor furnished.

(h)

Certificates to include zoning. Certificates of occupancy as required by the Township building code for new buildings or structures, or parts thereof, or for alterations or repairs to existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter, provided such certificates are signed by the Zoning Officer.

(i)

Temporary certificates. Where permitted under the Township building code, a temporary certificate of occupancy may be issued provided that the temporary certificate is signed by the Zoning Officer.

(Comp. Ords. 1990, § 130.2005)

(a)

The applicant for a certificate of occupancy shall notify the Zoning Officer and the Building Inspector when inspection is desired. The Zoning Officer shall sign the certificate of occupancy within ten days after the inspection of such application if the Zoning Officer finds, after inspection, that the building or structure, or part thereof, or the use of land, complies with the provisions of this chapter and with all approved site plans.

(b)

If the Zoning Officer refuses to issue such certificate, the Zoning Officer shall notify the applicant in writing of such refusal and the reasons therefor within the ten-day period set forth in subsection (a) of this section.

(Comp. Ords. 1990, § 130.2006)

The Zoning Officer and Building Inspector shall maintain records of all certificates and permits issued under this chapter and such records shall be open for public inspection.

(Comp. Ords. 1990, § 130.2007)

The Township Board shall, by resolution, establish a schedule of fees for administering this article. The schedule of fees shall be posted on public display in the office of the Building Inspector and may be changed only by the Township Board. No certificate or permit shall be issued unless the required fees have been paid in full.

(Comp. Ords. 1990, § 130.2008)

State Law reference— Fees authorized, MCL 125.295.

Building permits and certificates of occupancy listed on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by division 2 of this article.

(Comp. Ords. 1990, § 130.2009)

(a)

Publication of notice and public hearing. When public notice and a public hearing are required by this chapter or the Michigan Zoning Enabling Act (MCL § 125.3101 et seq.), hereinafter called "Zoning Enabling Act," publication of such notice shall comply with the Zoning Enabling Act and the provisions of this section. A public notice and a public hearing are required for all proposed zoning ordinance amendments, including rezonings, text amendments and planned unit developments, all proposed conditional use or special use permits, all applications before the Zoning Board of Appeals, and as otherwise specified in this chapter or Zoning Enabling Act.

(b)

Responsibility. The Township Clerk shall be responsible for preparing the content of the public notice of the public hearing, publication of the notice in a newspaper of general circulation in the Township, and mailing or delivery of the notice as provided in this section.

(c)

Content. All mailed, delivered and published notices of public hearings shall:

(1)

Describe nature of the request. Identify whether the request is for a rezoning, text amendment, conditional use permit, planned unit development, variance, appeal, ordinance interpretation or other purpose.

(2)

Location of affected property. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as tax parcel identification numbers, identifying the nearest cross street, or including a map showing the location of the property. Street addresses do not need to be included if the notice pertains to:

a.

A proposed rezoning of 11 or more adjacent properties; or

b.

A request to the Zoning Board of Appeals for an interpretation of this chapter or appeal of an administrative decision not involving a specific parcel.

(3)

Date, time and place. Indicate the date, time and place of the public hearing.

(4)

Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

(d)

Personal and mailed notice.

(1)

General. When the provisions of this chapter or the Zoning Enabling Act require that personal or mailed notice of the public hearing be provided, and except for a proposed rezoning of 11 or more adjacent properties or a request to the Zoning Board of Appeals for an ordinance interpretation or an appeal from an administrative decision that does not involve a specific parcel, written notice of the public hearing shall be mailed or delivered to all of the following:

a.

The owners of property for which approval is being considered, and the applicant, if different from the owners of the property.

b.

to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, regardless of whether the property or occupant is located within the boundaries of the Township. If the name of the occupant is not known, the term "occupant" may be used in the notice. Notice need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each dwelling unit or spatial area shall be given notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at reasonable locations at the structure.

c.

All persons or entities who have registered to receive notice pursuant to subsection (f) of this section.

d.

Other governmental units within 300 feet of the property involved in the application.

(2)

Certificate of mailing. The Township Clerk shall prepare a list of those to whom notice of the public hearing was mailed or delivered, and a certificate of the date of delivery of the notice or deposit of mailed notices in the U.S. Mail, first class, properly addressed with postage paid, and the date listed on the certificate shall be deemed the date of delivery or mailing.

(e)

Timing of notice. Unless otherwise provided in the Zoning Enabling Act or this section, notice of a public hearing shall be published once in a newspaper of general circulation in the Township, and mailed or delivered as provided in subsection (d) of this section, both not less than 15 days before the date of the public hearing.

(f)

Registration to receive notice by mail. Any public utility company, telecommunications service providers, railroad, neighborhood organization or any other person may register with the Township to receive written notice of public hearings pertaining to the zoning district in which such person or entity is located. The Township Clerk shall be responsible for providing such notices. The Township Board may, by resolution, establish uniform fees for providing the notices under this section. All parties requesting notice under this section must register on forms provided by the Township at least annually.

(g)

Sign requirement. For all proposed conditional or special use permits, planned unit developments or amendments to the zoning map (rezoning), the applicant or owner of the property shall place a sign no less than four feet by four feet on each side of the affected property that abuts a street. The sign shall not be erected in the road right-of-way or in a manner that would obstruct the vision of motorists or pedestrians. Each sign shall be erected at least 21 days, but not more than 30 days, before the Township public hearing on the application, and shall remain in place through the date of the public hearing. Each sign shall be removed from the property no later than three business days following the public hearing or the adjourned or continued date of the public hearing, whichever is later. Each sign shall state in six inch letters as applicable "PROPERTY PROPOSED FOR [REZONING] [CONDITIONAL USE PERMIT] [PLANNED UNIT DEVELOPMENT]" and shall state in letters of no less than two inches the street address or tax code parcel number, acreage of the property proposed for development, the current zoning and any proposed zoning or conditional use for the property and the date, time and place of the initial public hearing on the application. Upon request of the Township Zoning Officer, the applicant or owner shall post a bond in an amount not to exceed $100.00 per sign to ensure the removal of the sign as required by this section. The Township Zoning Officer shall inspect the property to confirm compliance with this section and shall submit an affidavit of compliance to the Township Planning Commission not less than seven days prior to the public hearing on the petition. Signs erected under this section are exempt from other provisions of the Township ordinances regulating signs. Failure to comply with any provisions of this section shall not constitute grounds for setting aside the granting of any application, but shall constitute grounds for adjourning and rescheduling the public hearing.

(Ord. No. 5-2006, §§ 130.900—130.906, 8-21-2006)

The Zoning Officer or Ordinance Enforcement Officer shall serve a notice of violation or a citation or order on the person responsible for the erection, construction, alteration, extension, repair, use or occupancy of a structure or lot in violation of the provisions of this chapter, or in violation of the site plan, conditional use permit or other application approved under this chapter, or in violation of a zoning compliance certificate issued under this chapter, and such notice or citation shall direct the discontinuance of the illegal action or condition of the abatement of the violation.

(Comp. Ords. 1990, § 130.2010(A); Ord. No. 3-99, 1-18-1999)

The imposition of the penalties prescribed in this Code shall not preclude the Township Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a structure or premises, or to stop an illegal act, conduct, business, or use of a structure or premises.

(Comp. Ords. 1990, § 130.2010(C); Ord. No. 3-99, 1-18-1999)

If construction is being undertaken contrary to a building permit, the state construction code, or the provisions of this chapter, the Zoning Officer shall give written notice to the holder of the building permit, or if a permit has not been issued, then to the person doing the construction, notifying such person of the violation and to appear and show cause why the construction should not be stopped. If the person doing the construction is not known or cannot be located with reasonable effort, the notice may be delivered to the person in charge of or apparently in charge of the construction. If the holder of the permit or the person doing the construction fails to appear and show good cause within one full working day after notice is delivered, the Zoning Officer shall cause a written order to stop construction to be posted on the premises. A person shall not continue or cause or allow to be continued construction in violation of a stop construction order, except with permission of the Zoning Officer to abate a dangerous condition or remove a violation, or except by court order. If an order to stop construction is not obeyed, the Zoning Officer may apply to the circuit court in the County in which the premises are located for an order enjoining the violation of the stop construction order. This remedy is in addition to and not in limitation of any other remedy provided by law or ordinance and does not prevent criminal prosecution for failure to obey the order. Any person who shall continue any work in or about the structure or premises after having been served with a stop construction order, except such work as is directed by the Zoning Officer to remove a violation or unsafe condition shall be liable for a fine of not less than $100.00 per day for each day such work continues in violation of the stop-construction order.

(Comp. Ords. 1990, §130.2010(D); Ord. No. 3-99, 1-18-1999)

Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after December 13, 1976, in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Comp. Ords. 1990, § 130.2010(E); Ord. No. 3-99, 1-18-1999)

(a)

The formulation and enactment of this chapter is based upon the division of the unincorporated portions of the Township into districts in each of which certain specified, mutually compatible uses are permitted by right and designated "permitted uses." In addition to such uses, however, there may be certain other uses that may be essential or desirable for the welfare of the community and its citizenry or substantial parts of it. Such uses are designated "conditional uses" as they may be appropriate and compatible with the permitted uses, but not at every or any location in a zoning district and not without restrictions or conditions being imposed by reason of special problems or conditions presented by the use, or its particular location in relation to neighboring properties from a zoning standpoint.

(b)

This chapter, therefore, requires approval as to location and conditions of all uses listed in the several zoning districts as conditional uses, and those similar uses approved as to location and conditions pursuant to subsection 74-426(i) and this division, and expansion or changes of those uses described in section 74-6, and specifies in this article the procedures and standards to be followed in granting permits to allow such conditional uses. If compliance with the procedures and standards set forth in article IV of this chapter, district regulations, in article V of this chapter, supplementary district regulations, if applicable, and in this article is found, then a conditional use permit may be issued, subject to specific safeguarding conditions as may be imposed by reason of the nature, location, and external effects of such use. No conditional use shall commence until a conditional use permit is issued in accordance with this chapter.

(Comp. Ords. 1990, § 130.2101; Ord. No. 2-2008, 4-22-2008; Ord. No. 2-2015, 1-19-2015)

The Township Board shall have the authority to grant or deny conditional use permits.

(Comp. Ords. 1990, § 130.2102)

(a)

Information required for a conditional use permit application.

(1)

Application for a conditional use permit shall be made by filing an application form with the required information and paying the required fee with the Township Clerk. The fee shall be set by resolution of the Township Board.

(2)

For any conditional use that is also subject to site plan review pursuant to chapter 74, article II, division 4, section 74-172, the applicant shall submit, concurrent with the conditional use permit application, all information required for preliminary site plan review (or a combined preliminary and final site plan at the applicant's election), together with any additional information required by this chapter for such proposed conditional use. The applicant is encouraged to request a pre-application conference pursuant to section 74-172 (b) prior to submitting a conditional use permit application and preliminary site plan application to obtain informal feedback and comments from the Township on the feasibility of the proposed conditional use permit.

(3)

For any conditional use that also requires site plan approval, the conditional use permit application shall be processed concurrently with the site plan application, and the public hearing described below shall not be set until both applications are complete and all fees paid, together with any additional information required by this chapter for such proposed conditional use, as all such information is necessary or advisable for the Planning Commission to adequately review and analyze the proposed conditional use. Any Planning Commission recommendation of approval of the conditional use permit shall be subject to approval of the site plan for the project and final Township Board approval of such conditional use permit.

(b)

Notification requirements. The Planning Commission shall establish a date for a public hearing on an application for a conditional use permit after confirming that the applicant has provided all information and paid all fees required by this chapter, including the information required by section 74-133 (a)(3) above.

(1)

A notice of the public hearing shall be published and mailed in the manner prescribed in section 74-61.

(2)

A sign shall be posted on the property proposed for a conditional use in the manner described in section 74-61(g).

(Comp. Ords. 1990, § 130.2103; Ord. No. 6-2008, 9-22-2008; Ord. No. 2-2015, 1-19-2015)

The Planning Commission shall review the application for a conditional use permit in reference to the standards and findings required in this division and in relation to the information provided at the public hearing. The Planning Commission shall recommend approval, approval with conditions, or denial of the application for a conditional use permit and shall transmit its recommendations, together with a report thereon, to the Township Board. The report shall contain the Planning Commission's analysis of the application in relation to the required standards and findings, and shall include a summary of the findings made as a result of the public hearing. The Planning Commission shall make its report and recommendation within 135 days after the date on which the Planning Commission sets the public hearing on the conditional use permit. If additional information or analysis is required, the time limit for such report may be extended for up to an additional 135 days by the Planning Commission.

(Comp. Ords. 1990, § 130.2106; Ord. No. 8-02, § 130.2106, 5-20-2002)

After confirmation that all fees have been paid, the Township Board shall review the recommendation and report of the Planning Commission and shall approve, approve with conditions, or deny the application for a conditional use permit within 135 days after the meeting at which the recommendation was received from the Planning Commission. If additional information or analysis is required, the time limit for such action shall be extended for up to an additional 135 days by the Township Board. The Township Board's decision, basis for decision, and all conditions imposed, shall be described in a written statement, which shall be made a part of the record of the meeting at which action is taken.

(Comp. Ords. 1990, § 130.2107; Ord. No. 8-02, § 130.2107, 5-20-2002)

The Planning Commission and the Township Board shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and with respect to any additional standards set forth in article V of this chapter, supplemental regulations. The Planning Commission shall find and record adequate data, information, and evidence showing that the proposed use meets all required standards as follows:

(1)

Will be harmonious, and in accordance with the objectives, intent, and purposes of this chapter.

(2)

Will be compatible with the natural environment and existing and future land uses in the vicinity.

(3)

Will be compatible with the master plan.

(4)

Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways and structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for any such services.

(5)

Will not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property or the public welfare.

(6)

Will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.

(Comp. Ords. 1990, § 130.2108)

(a)

In granting a conditional use permit, the Township Board shall impose conditions it deems necessary to achieve the objectives and standards of this chapter, including the standards and findings described in section 74-136, the standards of the Michigan Zoning Enabling Act (MCL 125.3101 et seq.), and the public health, safety, and welfare of the Township.

(b)

Failure to comply with any such conditions shall be considered a violation of this chapter. In addition to the other rights and remedies available to the Township for a violation, if such violation is not corrected within a reasonable period of time after notice by the Township to the owner and occupant of the property, the Township Building and Zoning Official or other Township Officer may request that the Planning Commission set a public hearing before the Planning Commission in the manner set forth in section 74-61 (except no sign shall be required) for revocation of the conditional use permit. Any such revocation shall be pursuant to the recommendation by the Planning Commission after a public hearing, followed by approval of the Township Board.

(c)

Except as in the event of revocation as provided in section 74-137(b) above or abandonment as provided in section 74-137(d) below, an approved conditional use permit, including all attached conditions, shall run with the parcel in the approval and shall remain unchanged except upon mutual consent of the Township Board and the landowner. Any agreed upon change shall be entered into Township records and recorded in the minutes of the Township Board meeting at which the action occurred. A public hearing shall be held on any proposed changes as required for an original application.

(d)

If a parcel subject to an approved conditional use permit ceases to be used for such conditional use for a period in excess of 24 months, the Township Building and Zoning Official or other Township Officer may request that the Planning Commission set a public hearing before the Planning Commission in the manner set forth in section 74-61 (except no sign shall be required) for revocation of the conditional use permit for such parcel. Any revocation shall be pursuant to the recommendation of the Planning Commission followed by approval of the Township Board.

(Comp. Ords. 1990, § 130.2109; Ord. No. 2-2015, 1-19-2015)

No application for a conditional use permit which has been denied wholly or in part by the Township Board shall be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid.

(Comp. Ords. 1990, § 130.2110)

The Planning Commission shall review site plans as required in this article.

(Ord. No. 6-2009, 9-21-2009)

(a)

Buildings, structures and uses requiring site plan review. The following buildings, structures and uses require site plan review:

(1)

A residential building the use of which constitutes an R-1 or R-2 Residential Group under the Michigan Building Code of 2009 or any successor to such code;

(2)

A building containing two or more dwelling units;

(3)

Any principal nonresidential building or structure permitted in residential districts;

(4)

In any business or industrial district, any building with a floor area greater than 500 square feet, and any addition to such a building;

(5)

In any business or industrial district, any principal use of a lot that does not involve a building, including outdoor sales, outdoor displays, and storage of wrecked vehicles;

(6)

In any business or industrial district, more than one building or structure, except a sign, on a lot or parcel or combination of lots under one ownership;

(7)

In recreation-conservation and agriculture districts, any permitted principal building and structures except (a) single-family residences with a floor area of 5,000 square feet or less, and (b) farm buildings and structures;

(8)

A mobile home park;

(9)

A condominium development;

(10)

All proposed conditional uses and related buildings or structures and all planned unit developments; except those conditional uses specifically exempted from site plan review, such as certain bed and breakfast operations;

(11)

Public utility buildings and structures;

(12)

Except as limited by § 206(1) of the Michigan Zoning Enabling Act, a structure licensed under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737 or in the Child Care Organizations Act, 1973 PA 116, MCL 722.111 to 722.128;

(13)

Any parking lot, or addition to a parking lot, containing five or more parking spaces;

(14)

Any principal public building in any zoning district; and

(15)

Any structure or use for which site plan review is otherwise required by this chapter.

(b)

Prohibited actions. No person may begin grading, removal of trees or other vegetation, land filling, or construction of buildings, structures or improvements for any project that requires site plan approval until a final site plan is approved and the other requirements of this article (such as an executed development agreement and deposit of performance guarantee) are met.

(c)

Who may apply. Any person with a legal interest in the property may apply for site plan review. If the applicant is not the fee simple owner of all land covered by the project, the application also shall include the written consent of each fee simple owner. The applicant shall provide a current title commitment of the property showing all owners and parties in interest.

(d)

Site plan stages. The procedure for processing site plans includes three stages:

(1)

Pre-application conference (optional). The applicant may request a pre-application conference. The conference is encouraged, but is not mandatory. During this conceptual review phase, the applicant presents a generalized site plan showing the overall concept of the project. Such matters as use, density, compatibility with development in the area and the effect of the project on Township services will be discussed during this phase. The applicant schedules the conference through the Township Supervisor. Conference attendees will include the applicant and the applicant's consultants, the Township consultants, one or more representatives from the Planning Commission, and representatives of other Township departments as appropriate.

(2)

Preliminary site plan review. At this phase, the applicant submits a preliminary site plan meeting the requirements of this article. The requirements for a preliminary site plan are less detailed than for a final site plan.

(3)

Final site plan review. Following approval of the preliminary site plan, the applicant submits a final site plan meeting the requirements of this article.

The applicant or a representative must be present at each scheduled review, or the application will be tabled for a maximum of two consecutive meetings due to lack of representation, after which the site plan will be dismissed and a new application required.

(e)

Combining preliminary and final site plans. An applicant may, at the applicant's discretion and risk, combine a preliminary and final site plan in one application for approval if the project will not be developed in phases. However, the Planning Commission shall have the authority, in its sole discretion, to require submittal of a preliminary site plan separate from a final site plan, when the complexity or size of the project warrants.

(f)

Site condominiums. Site plan requirements for site condominiums shall be the same as for other projects, with the addition of the following:

(1)

The preliminary site plan for a site condominium project shall contain the information required by this article, shall comply with section 74-601 of the this chapter, and shall include all land intended for the project. When buildings or structures are not proposed at the time of preliminary site plan review, the preliminary site plan shall provide the location and dimensions of lots, including required yards.

(2)

The final site plan for a site condominium project shall contain the information required by this article for each phase of the project and shall comply with section 74-601 of this chapter.

(Ord. No. 6-2009, 9-21-2009; Ord. No. 6-2011, 8-15-2011)

(a)

Application. An applicant may apply for preliminary or final site plan approval by filing with the Township Clerk, at least 20 calendar days prior to the next Planning Commission meeting, a completed application form, the required fees, and 17 copies of all information required by this article. Five (5) of the submittal copies shall include full size (24 × 36 inches) drawings and twelve (12) of the copies shall include reduced (11 × 17 inches) drawings. In addition to the required paper copies, an electronic version of the site plan submittal (including all supporting materials) shall be provided in a format acceptable to the Township.

(b)

Preliminary determination that an application is complete. Following receipt of an application, Township staff and consultants will make a preliminary determination as to whether the application is complete or more information is required. If the Township staff and consultants determine that an application is complete, they will inform the chair of the Planning Commission, who will place the application on the agenda for the next available Planning Commission meeting. If more information is required, the application will not be on the agenda for the next Planning Commission meeting and the applicant will be so notified.

(c)

Final Determination that Application is Complete; Planning Commission action.

(1)

At the Planning Commission meeting at which the application appears on the agenda, the Planning Commission will study the application, including all information provided and fees paid, as well as reports of Township staff and consultants, and make the final determination as to whether the application is complete. If the Planning Commission makes a final determination that the application is complete, the Planning Commission will proceed with analysis and consideration of the application. If the Planning Commission makes a final determination that the application is incomplete, the application shall be tabled until such time as the required information is provided.

(2)

Within 135 days of the date of the meeting at which the Planning Commission makes the final determination that the application is complete, the Planning Commission will approve or reject the site plan. The Planning Commission may require changes in the plan prior to approval and may attach conditions to its approval. The Planning Commission shall advise the applicant in writing of its actions on the plan.

(3)

The 135-day time limit in the previous paragraph may be extended upon a written request by the applicant made during the 135-day period and approved by the Planning Commission. The Planning Commission may also extend the time limit on its own motion during the original 135-day period for up to an additional 135 days if it determines further information or analysis is required.

(4)

The time periods set forth in 3. above shall not include any tabling or delay of action or consideration resulting from (a) lack of representation by the applicant at the meeting, (b) the applicant's request or (c) failure of the applicant to supply required information (including required approvals from third parties) by the filing deadline.

(5)

In reviewing the plan, the Planning Commission may consult with the Township Zoning Officer, the Township Fire Chief, the Township engineer, Township attorney, planning consultants and other governmental officials and departments as it deems necessary, and with public utility companies that might have an interest in or be affected by the project. At any time during the site plan review process the Planning Commission may require the applicant to provide additional information or studies deemed necessary or advisable by the Planning Commission to properly evaluate the project, and address the standards for review or conditions for approval.

(6)

The Township engineer must approve all engineering drawings and plans before the Planning Commission approves a preliminary or final site plan.

(Ord. No. 6-2009, 9-21-2009)

(a)

Format and information required. All site plans shall be prepared in the following format and contain the following information:

(1)

Plans shall be prepared by a professional engineer, architect, planner, landscape architect, or land surveyor registered in the State of Michigan, whose seal shall be affixed to the first sheet.

(2)

Each sheet in a set of plans shall show:

a.

The name and general description of the property;

b.

All revision dates;

c.

The scale;

d.

A north arrow, which shall be displayed on the right side of the sheet (and each sheet shall be oriented so that north is either up or to the left;

e.

The title of each sheet; and

f.

The name, address, and telephone number of the person or firm that prepared the sheet.

(3)

Each sheet in a set shall be numbered consecutively and shall have proper match lines or other keys to provide reasonable continuity and orientation.

(4)

The first sheet in each set shall be the cover sheet and shall include a sheet index. At a minimum, the cover sheet shall show:

a.

The name and address of the applicant and each record property owner;

b.

The name and addresses of all adjacent property owners;

c.

The legal description of the property;

d.

The tax identification number;

e.

The address of the site;

f.

Lot dimensions and bearings;

g.

Zoning classification and existing land use of the property and adjacent properties;

h.

zoning data, including:

1.

Required setbacks;

2.

Minimum lot area;

3.

Lot width;

4.

Building height;

5.

ground floor and total floor area to be constructed;

6.

Proposed total ground floor coverage (ground floor area divided by net lot area);

7.

Proposed total floor area ratio (total floor area divided by net lot area).

i.

The date of the plan and all revision dates;

j.

The project name (lower right corner);

k.

Any existing or proposed deed restrictions and easements;

l.

The Township identifying number for the project in the lower right corner once it has been assigned; and

m.

A vicinity map showing the general location of the site in relation to the nearest cross street (or section corner for a metes and bounds parcel).

(5)

All plans shall be of a scale not greater than one inch equals 20 feet and not less than one inch equals 200 feet, and of such accuracy and clarity that the Planning Commission can readily interpret the plan.

(6)

All plans shall show a high resolution aerial photo of the site.

(7)

No applied shading shall be used that obscures any lettering or other graphical information.

(8)

If a site is to be developed in two or more phases, all plans shall show the entire property in the development, its proposed layout, and the location of each phase.

(9)

The term "adjacent" shall be used when referring to abutting property and property across a street.

(10)

The term "roadway corridors" shall be used to describe the entire area between fronting buildings on a public or private street.

(b)

Re-submittals. With each re-submittal of a plan, the applicant shall provide a written response to the Planning Commission's and Township Consultants' comments concerning the prior plan.

(Ord. No. 6-2009, 9-21-2009)

(a)

Information required. In addition to the information required for all site plans, a preliminary site plan shall provide the following information:

(1)

Physical features.

a.

The shape, size and location of existing and proposed development on the site, including buildings, parking areas and service drives, loading zones and the location of existing and proposed public streets serving the property.

b.

For residential projects, the number and types of dwelling units and density.

c.

For non-residential projects, the number of buildings.

d.

The location, width, and purpose of existing easements.

e.

The location of: (1) any drain tile that serves the property, whether located on or off the property that is the subject of the site plan; and (2) any drain tile on the property that serves other properties. If the applicant determines that no drain tile exists on the property, the applicant will provide a written statement to the Planning Commission representing that the applicant has made a good faith investigation into the existence of drain tile on the property, and that there is no evidence to indicate the presence of any drain tile on the property.

f.

An area-wide stormwater drainage map showing existing and proposed drainage courses and stormwater basins that are on-site or affect the site. This map shall provide contours shown at five foot intervals, and a stormwater management plan consistent with the Township's stormwater management ordinance.

g.

A sanitary sewer service area map showing service areas on-site or upstream. This map shall provide contours.

h.

A general proposed utility layout for sanitary sewer, water, and stormwater systems, including estimated locations for proposed wells, septic tanks, drain fields, and other proposed underground tanks.

i.

The total proposed stormwater impact surface area and percentage of proposed stormwater impact surface area to total gross area. Stormwater impact surface is that surface, including stormwater basins (at the designed capacity elevation), which has a runoff coefficient in excess of 0.3 as defined by the WCWRC.

j.

The location of any proposed trash storage areas and screening. If no outdoor trash storage is intended, the plan shall so state.

k.

A written preliminary review from the Washtenaw County Water Resources Commissioner indicating the project's conformance to WCWRC standards regardless of whether or not the project is within the jurisdiction of the WCWRC.

l.

A written preliminary technical review from the Washtenaw County Road Commission indicating the project's conformance to WCRC standards.

m.

If the project is located within the Fleming Creek watershed, a written review from the Fleming Creek Advisory Council, or any successor entity ("FCAC"), related to the impact of the project on the watershed and any recommended design modifications or management strategies to better protect water resources. The Planning Commission may waive this requirement or defer consideration of the FCAC review to the final site plan review if the FCAC does not provide a written response within 45 days after the applicant submits its written request to the FCAC for review.

(2)

Natural features.

a.

The existing topography and proposed grading, at one foot contour intervals.

b.

Off-site elevations within approximately 100 feet of each property line not bordered by a public street to assist in determining proper grading and drainage.

c.

Soils information, for sites utilizing on-site septic tanks and drain fields.

d.

The location and extent of soils that are unbuildable in their natural state because of organic content or water table level, based on the Washtenaw County Soil Survey.

e.

The location and size of open areas and recreation areas.

f.

The location and type of natural features on or adjacent to the site, including wetlands, watercourses, 100-year floodplains, woodlands, landmark trees, steep slopes, endangered species habitat as identified by the Michigan Department of Natural Resources, and groundwater recharge areas. Fence rows and individual trees of six-inch or larger caliper shall be shown in and within 25 feet of any area proposed to be affected. When natural features exist on-site or adjacent to the site, the applicant shall provide a Natural Features Impact Statement including the following elements, as described in the Township's Land Development Standards or Natural Features Ordinance:

1.

A site inventory map showing all natural features and any proposed loss of, or impact on, natural features. This map must clearly show the locations and types of existing natural features both on the site and those within a region 100 feet beyond the site boundaries including edges of woodlands and wetlands, buffer areas, watercourse streambanks, pond ordinary high water marks, floodways, floodplains, areas of hydric soils, highly permeable soils, groundwater recharge areas, steep slopes, landmark trees and a written description of the quality, character and health of the natural features.

2.

A natural features protection plan. This plan must delineate natural features to be retained on the site or excluded from development, limits of soil disturbance, and protective measures such as barrier fencing, restrictions on traffic and storage of materials under trees, and soil erosion control measures. If applicable, the plan will include information on sustaining the natural features to be retained on the site.

3.

An alternatives analysis. This analysis displays and discusses the alternatives, approaches and designs that were considered in arriving at the design proposed to minimize disturbance to natural features on the site. The analysis will include a written justification of the degree of disturbance to natural features and basis for the mitigation proposed.

4.

A mitigation plan. If disturbance of natural features is authorized by applicable ordinances and approvals, a mitigation plan concerning replacement of disturbed natural features shall be submitted.

g.

A written site analysis, supported by graphics, that evaluates the design and development potential of the site, to identify the nature and the effect of the design and development on the existing conditions of the site, and to determine the site's relationship to neighboring properties as well as physical and natural features in the area. The analysis shall show a correlation of the principal characteristics of the developed site that will affect the layout and future use of the property. The site analysis will show what natural features will remain and what natural features will be removed. The analysis shall also indicate the method used in the field to mark trees to be removed and trees to be preserved.

(3)

Other information. The Planning Commission may require the applicant to submit such other information, such as a traffic study, as the Commission determines is necessary for proper review of the preliminary site plan.

(b)

Standards for review. In reviewing a preliminary site plan, the Planning Commission shall consider the following standards:

(1)

All required information has been provided.

(2)

The applicant is legally authorized to apply for site plan review.

(3)

The project conforms to all regulations of the Zoning Ordinance for the district(s) in which it is located.

(4)

The project is consistent with the goals and objectives of the Master Plan.

(5)

The movement of vehicular and pedestrian traffic within the project and in relation to access streets and sidewalks will be safe and convenient.

(6)

The project will be harmonious with and not be detrimental to existing or future uses in the immediate area, persons, property or the public welfare.

(7)

The project is adequately coordinated with improvements serving the project and with other developments in the area.

(8)

Natural resources will be preserved to a maximum feasible extent, and the project respects natural topography and minimizes the amount of cutting and filling required. When a Township Natural Features Setback Permit is required, the applicant shall obtain the permit either prior to or simultaneously with approval of the preliminary site plan.

(9)

The project will comply with all applicable Township ordinances and regulations including soil erosion control, stormwater management, and drainage and drain tiles.

(10)

Project soil conditions are suitable for development.

(11)

The project properly respects floodways and flood plains on or in the vicinity of the project.

(12)

The phases of development are in logical sequence so that no phase will depend upon a subsequent phase for adequate access, public utility services, drainage, stormwater management, or erosion control.

(c)

Effect of approval. Approval of a preliminary site plan by the Planning Commission indicates its acceptance of the proposed layout of buildings, streets, drives, parking areas, and other facilities and areas, and of the general character of the project.

(d)

Expiration of approval. Planning Commission approval of a preliminary site plan shall be valid for a period of 180 days from the date of approval and shall expire unless an application for a final site plan for all or part of the area included in the approved preliminary site plan is filed with the Township Clerk within that time period. If a final site plan is submitted for only part of the area included in the approved preliminary site plan, successive final site plans shall be filed at intervals no longer than two years from the date of approval of the previously approved final site plan. If any period described in this subsection (d) is exceeded, the approved preliminary site plan will become invalid with respect to any portion of the site for which a final site plan has not been filed, unless the applicant requests and is granted an extension by the Planning Commission in accordance with the conditions set forth at section 74-176(g) below.

(Ord. No. 6-2009, 9-21-2009; Ord. No. 4-2015, 11-16-2015)

(a)

Phased projects. If a project is being developed in phases, a separate final site plan must be submitted for each phase.

(b)

Information required. In addition to the information required for a preliminary site plan, a final site plan shall include the following information:

(1)

Physical features

a.

Location and overall dimensions of existing structures and drives within 200 feet of common property lines and identification of existing improvements to remain and to be removed.

b.

Surface type and width of streets adjacent to the site, and the surface elevation of any existing street at the intersection of each proposed driveway or other street.

c.

Proposed buildings or other structures including dimensions, distance between buildings, finished floor elevations, basement elevations, grade line elevations, and an indication if buildings are proposed as walkouts or view-outs.

d.

Proposed drives or streets, including: names; right-of-way or easement width; surface type and width, including typical cross sections; surface elevations; location and type of curbs, where proposed; expansion of existing street rights-of-way; length and width of turning lanes, where permitted; and curve radii.

e.

Proposed building and address numbers, including the locations, typical copy, and dimensions.

f.

Proposed parking areas, including: the number and size of spaces with supporting calculations; location of each space; type of surface, including typical cross sections; aisle width; angle of spaces; and location of wheel stops or curbs, when applicable.

g.

Proposed loading areas, including the dimensions, surface type, and typical cross sections.

h.

Proposed sidewalks and pedestrian paths, including width, surface type, and typical cross sections.

i.

Proposed fences or screens, including height, type, typical details, elevations, and sections.

j.

Proposed outdoor trash storage, including dimensions and typical details of the enclosure. If no outdoor trash storage is intended, the plan shall so state.

k.

Proposed central mailboxes, if applicable, or a notation that individual boxes will be used.

l.

Proposed identification and advertising signs, including dimensions, area, height, illumination, and typical copy.

m.

Proposed traffic control signs, specifying typical and intended purpose.

n.

Proposed retaining walls, including dimensions, materials of wall and fill, typical vertical sections, and design calculations.

o.

Proposed outside lights and street lights, if applicable, including type, height, intensity, direction, and typical details.

p.

Information concerning the existing utilities serving the site, including: the location, size, inverts, fire hydrants, gatewells, manholes, and catchbasins; locations and elevations of ditches, culverts, and bridges adjacent to the site; location of utility poles and lines; and location and size of natural gas lines and appurtenances.

q.

Information concerning the proposed utilities for the project, including the following (profile illustrations should be included with plan views on the same sheet):

1.

Proposed water system, including: size, material and type of lines; location of fire hydrants and valves; profiles; location of meter room; water meter schematic; and fire riser schematic.

2.

Proposed sanitary sewer system, including: size, material and type of lines; inverts; location of manholes; profiles; and design basis.

3.

Utility structure schedules (tables) for sanitary sewer, storm sewer and water mains.

4.

Groundwater information for the site with supporting evidence, including site specific soils information.

5.

A hydro-geological study if groundwater information (including the high groundwater table) warrants further investigation, as determined by Township consultants.

6.

Proposed electrical, telephone, and gas services; new utility poles, if applicable; underground lines and surface equipment; and size of natural gas lines and appurtenances.

7.

The location of proposed wells, septic tanks, drain fields, and other proposed underground tanks

r.

A storm drainage narrative clearly and concisely describing the intended method of designing the storm drainage systems, including: drainage areas, existing and proposed; retention basin and discharge concepts; storm sewer and ditch design criteria, compliance with Washtenaw County Water Resources Commissioner development criteria; and downstream capacity limitations. The narrative should include all the appropriate associated computations and shall be in compliance with the Township's stormwater management ordinance. The narrative should be prepared on standard 8½ by 11 inch sheets that are dated, numbered, and titled. Maps of similar size portraying the concepts involved should also be included.

s.

Proposed storm drainage system, including: dimensions and calculations of stormwater retention areas; location, size, calculations, and material type of storm sewers; location and centerline elevations of swales or ditches; inverts; location of manholes and catch basins; direction of flow; drainage patterns; profiles of sewers, retention basins, culverts, swales, and ditches; and design basis. The plan shall also include a stormwater maintenance plan, complete with annual tasks and anticipated costs.

t.

A written review from the office of the Washtenaw County Water Resources Commissioner ("WCWRC") indicating the project's conformance to WCWRC standards regardless of whether or not the project is within the jurisdiction of the WCWRC.

(2)

Natural features

a.

Two USGS-based benchmarks on the site.

b.

Proposed open space and recreation areas, including, use, size, and proposed improvements.

c.

A proposed landscape plan meeting the requirements of section 74-586.

d.

A soil erosion control plan.

e.

A completed State/County Environmental Permits Checklist for Non-Residential projects as attached in Appendix A of the Land Development Standards. These permits must include all MDEQ wetland permits and any necessary endangered species approvals.

(3)

Other requirements.

a.

When applicable, the applicant shall provide evidence of approval by the following agencies:

1.

MDEQ.

2.

Washtenaw County Road Commission.

3.

Washtenaw County Health Department.

4.

Michigan Department of Transportation.

b.

If warranted by the nature of the project and proposed stormwater system, the Planning Commission shall require that a drainage district be established for the entire project giving the Washtenaw County Water Resources Commission ultimate responsibility for the stormwater system.

c.

When applicable, the Planning Commission shall require evidence of City of Ann Arbor review of proposed utilities.

d.

The Planning Commission may request other information for proper review of a site plan and a determination on the standards for review, in view of the nature of the project.

(c)

Standards for review. In reviewing the final site plan, the Planning Commission shall consider the following standards:

(1)

All required information is provided.

(2)

The plan substantially conforms to the approved preliminary site plan and continues to meet the standards for preliminary site plan approval.

(3)

The plan, including all engineering drawings, meets Township requirements for fire and police protection, water supply, sewage disposal or treatment, storm drainage, and other public facilities and services.

(4)

The drainage plan for the project is adequate to handle anticipated storm water runoff and will not cause undue runoff onto neighboring property or overloading of water courses in the area.

(5)

Outside lighting will not adversely affect adjacent or neighboring properties, or traffic on adjacent streets.

(6)

Outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be a nuisance to the project or neighboring properties.

(7)

The proposed grading or filling will not destroy the character of the project or the surrounding area and will not adversely affect the adjacent or neighboring properties.

(8)

The parking layout will not adversely affect the flow of traffic within the project or to and from the adjacent streets.

(9)

The plan meets the standards of other government agencies, when applicable, and the approval of these agencies has been obtained.

(10)

The plan provides for the proper expansion of existing public streets serving the project, when applicable.

(d)

Procedure following Planning Commission approval or rejection of a final site plan. Upon Planning Commission approval of a final site plan, with or without conditions, the applicant and owner of record and the Zoning Officer shall sign two copies of the approved final site plan and a list of any conditions required by the Planning Commission. The Zoning Officer shall retain one copy of the approved final site plan and any conditions attached to such approval and shall provide one copy of the approved final site plan and any conditions attached to such approval to the applicant. The Zoning Officer shall attach a certificate of approval to both copies. If the approved final site plan was subject to conditions required by the Planning Commission, the owner and applicant shall comply with such conditions, including providing a revised final site plan if necessary to meet such conditions of approval, prior to issuance of a building permit, soil erosion control permit or other construction permits. If the final site plan is rejected, the Zoning Officer shall notify the applicant in writing of such action and reasons for such rejection within ten days following such action.

(e)

Effect of approval; site improvements defined. Approval of a final site plan authorizes issuance of a certificate of zoning compliance, application for a grading/SESC permit and issuance of a building permit for Site Improvements, provided all other requirements for a building permit have been met (including execution of a development agreement as provided in section 74-177 and a performance guaranty as provided in section 74-178). Site improvements means the streets, drives, utilities, parking lots, sidewalks, grading, required landscaping, required wetland and natural features use or preservation measures, required visual screens, exterior lighting, and storm drainage to the extent included in the approved final site plan. In the case of uses without buildings or structures, approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a certificate of occupancy, provided all other requirements for such certificate have been met.

(f)

Expiration of approval. Approval shall expire and be of no effect unless within 180 days after the date of approval of the final site plan appropriate permits have been applied for and issued by applicable governmental authorities for commencement of development and construction of site improvements at the property in the manner required by the final site plan, subject to extensions requested and granted in accordance with section 74-176(g) below. Approval of a final site plan shall expire and be of no effect 545 days following the date of approval of the final site plan unless substantial development and construction of site improvements has commenced at the property in accordance with permits issued by applicable governmental authorities, and is being diligently pursued and performed in a timely manner to completion in conformance with the approved final site plan, as determined by the Building Official, subject to extensions pursuant to section 74-176(g) below.

(g)

Extensions. The time limits set forth in sections 74-175(d) and 74-176(f), above, may be extended by the Planning Commission, in accordance with the following:

(1)

An extension of site plan approval may be granted for any period of time not to exceed twelve months. An extension, if granted, shall begin on the date the time limit would have expired, and shall continue for the period determined by the Planning Commission, not to exceed 12 months;

(2)

An extension of site plan approval must be requested in writing at least 30 days prior to the expiration of the time limit to be extended, and the request must be granted before the expiration or lapse of the site plan approval, or any approved extension;

(3)

Extension or reinstatement of a site plan approval after the date of expiration will require resubmittal for review and approval by the Planning Commission as a major or minor change under Section 74-179Amendment of approved site plans;

(4)

No more than two 12-month extensions will be granted except that up to 3 additional twelve month extensions may be approved by the Planning Commission as a minor change in accordance with section 74-179;

(5)

In its request for extension, the applicant must show good cause for the requested extension. The Planning Commission shall consider the following factors in determining of whether good cause exists:

a.

The applicant has demonstrated that needed utility services have been delayed;

b.

The applicant has demonstrated that technical review of the site plan has raised unforeseen development problems;

c.

The applicant has demonstrated that unforeseen economic, development or other events, conditions or circumstances justify the extension.

(Ord. No. 6-2009, 9-21-2009; Ord. No. 1-2011, 3-21-2011)

After final site plan approval the applicant shall enter into a development agreement with the Township in a form provided by the Township. No building permits will be issued for the project nor will any earth change or construction activity be permitted at the site until execution of a development agreement. The development agreement shall incorporate the standards, findings and conditions for approval of the final site plan and shall provide for deposit of a performance guarantee as described in section 74-178. Final approval of the development agreement shall occur upon signature of the agreement by the Township Supervisor after (i) the Township attorney, staff and consultants confirm incorporation of all standards, findings and conditions for approval, (ii) deposit of the performance guaranty and (iii) signature of the agreement by an authorized representative of the owner of the project and, if different, the developer of the project.

(Ord. No. 6-2009, 9-21-2009)

(a)

The applicant shall provide to the Township Clerk irrevocable bank letters of credit, cash deposits, or other security acceptable to the Township Board after a final site plan is approved. No building permits will be issued for the project nor will any earth change or construction activity be permitted at the site until the applicant provides the performance guarantee. The guarantee shall cover site improvements as defined in section 74-176(e) shown on the approved final site plan for all or any portion of the site plan for which the permit is issued.

(b)

The applicant shall provide a cost estimate of the site improvements to be covered by the guarantee. Such estimate shall be verified as to amount by the Township engineer and other Township consultants as necessary. The form of the guarantee shall be approved by the Township attorney.

(c)

If the applicant fails to provide all site improvements according to the approved plans within the time period specified in the guarantee, the Township may, but is not required to enter upon the site to (i) complete the site improvements; or (ii) stabilize and secure the site; or (iii) restore the site to its prior condition, as determined by the Township. The Township may defray the cost of any such activity (including costs incurred by Township consultants and the Township attorney as a result of applicant's default) by use of the guarantee funds or may require performance by the bonding company. A failure to complete the Site Improvements as required shall be a violation of the site plan and building permit.

(d)

The applicant and the Township shall decide at the time of deposit on the means of rebating portions of the guarantee in proportion to the amount of work completed at reasonable intervals and consistent with final site plan conditions. At no time shall the amount of deposit remaining be less than 125 percent of the estimated cost of completing the remaining required site improvements. All required inspections for Site Improvements for which the deposit is to be rebated shall have been completed and their cost paid by the applicant before funds are rebated.

(e)

The Zoning Officer shall not sign a final certificate of occupancy until compliance with the approved final site plan and approved engineering plans is achieved. If the Zoning Officer determines that the site improvements and improvements authorized by the building permit are substantially complete, the Zoning Officer has the discretion to issue a temporary certificate of occupancy upon the applicant's deposit of sufficient security in the form of a cash escrow deposit to ensure completion of the incomplete work, which may include an escrow for landscaping survival, under the terms of an escrow agreement acceptable to the Zoning Officer and approval by the Township attorney. The deposit described in section (a) may be used for this purpose if agreed upon by the applicant and the Township, and if sufficient cash funds are available for this purpose.

(Ord. No. 6-2009, 9-21-2009)

(a)

When changes are to be made to a development for which a preliminary or final site plan has been approved, the Planning Commission shall have the authority to determine if the proposed change is a minor or major amendment to the site plan. An applicant may apply for such a determination by filing with the Township a completed application for amendment, the required fee, and 17 copies of: an 11" × 17" scaled plan of the site showing:

(1)

The proposed changes;

(2)

Any increases or decreases in stormwater impact surface;

(3)

Dimensions (including height) of any proposed structures or buildings;

(4)

Changes to existing structures or buildings;

(5)

Any earth change or tree removal;

(6)

Any change in the floor area ratio or ground floor coverage; and

(7)

Any additional information necessary for the Planning Commission to make a determination.

(b)

Minor changes to a preliminary site plan may be incorporated into a final site plan, at the discretion of the Planning Commission. The Planning Commission may require, in case of minor changes in an approved preliminary or final site plan, that revised preliminary or final site plan drawings be submitted showing such minor changes, for purposes of record. If the Planning Commission determines that the proposed change is a major change, a site plan submittal and review, as provided in section 74-175 for a preliminary site plan and in section 74-176 for a final site plan, will be required. An applicant may elect in writing to acknowledge that the proposed change is a major change without a formal determination from the Planning Commission and upon such written acknowledgment may proceed directly to site plan submittal and review as a major change. A major change shall include a:

(1)

Change in concept of the project;

(2)

Change in use or character of the project;

(3)

Change in type of dwelling unit as identified on the approved site plan;

(4)

Change in the number of dwelling units;

(5)

Change in non-residential floor area of over five percent;

(6)

Change in GFC, FAR or stormwater impact surface of the project of over one percentage point;

(7)

Rearrangement of lots, blocks, or building tracts;

(8)

Change in the character or function of any street;

(9)

Reduction in land area set aside for common open space or the relocation of such area; or

(10)

Increase in building height.

(c)

If a preliminary or final site plan has expired, or if two 12-month extensions have already been granted, the Planning Commission has the authority to determine that good cause exists for allowing an extension as a minor change for no longer than one 12-month period per request, based on the factors set forth in section 74-176(g), and the length of time since expiration, the reason for delay in requesting an extension, the number of extensions previously granted, changes in condition or use of the site or surrounding area, changes in ordinances, standards or regulations affecting the site or surrounding area, and other similar factors. An extension, if granted, shall begin on the date the time limit would have expired, and shall continue for the period determined by the Planning Commission, not to exceed twelve months. Under no circumstances shall an extension be granted if the extension request is received more than twelve months after expiration of the site plan.

(Ord. No. 6-2009, 9-21-2009)

All site improvements shall conform to the approved final site plan. If any changes are made during construction, the applicant or developer must notify the Zoning Officer, the Building Official, the Township engineer, and the Planning Commission of the changes. Any change is made at the applicant's and developer's own risk, without any assurance that the Planning Commission will approve the changes. The Planning Commission may require the applicant or developer to correct the changes so as to conform to the approved final site plan, and the Township shall notify the applicant (and the developer, if different) of any required corrections in writing within 30 days of the Planning Commission's decision.

(Ord. No. 6-2009, 9-21-2009)

(a)

Conduct of inspections. The Zoning Officer, with assistance from the Township Fire Chief, Building Official, and Township engineer, shall be responsible for inspecting all Site Improvements for conformance with the approved final site plan. All sub-grade Site Improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections.

(b)

Notifications. The Zoning Officer shall notify the Planning Commission in writing when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan. The Zoning Officer shall notify the Township Board, the Planning Commission, and the Building Official in writing of (1) any development for which a final site plan was approved that does not pass inspection with respect to the plan and (2) the steps taken to achieve compliance. In such case, the Zoning Officer shall periodically notify the Township Board, Planning Commission, and Building Official of progress towards compliance with the approved final site plan and when compliance is achieved.

(Ord. No. 6-2009, 9-21-2009)

Fees for the review of site plans and inspections as required by this article shall be established and may be amended by resolution of the Township Board.

(Ord. No. 6-2009, 9-21-2009)

(a)

The applicant shall provide as-built information (including in electronic format as required by the Township) for all sanitary sewer, water, and storm sewer lines and all appurtenances that were installed on a site for which a final site plan was approved. The information shall be submitted to the Township Utilities Department and shall be approved by the Township engineer prior to the release of any performance guarantee covering such installation.

(b)

The as-built information shall include all appropriate information, including: the exact size, type and location of pipes; location and size of manholes and catch basins; location and size of valves, fire hydrants, tees and crosses; depth and slopes of retention basins; and location and type of other utility installations. The information shall show plan and profile views of all sanitary and storm sewer lines and plan views of all water lines.

(c)

The as-built information shall include all work as actually installed and as field-verified by a professional engineer or the engineer's representative. The Township may use the as-built information to produce as-built drawings of the utilities at the project for the Township's records.

(Ord. No. 6-2009, 9-21-2009)

The approved final site plan shall become part of the record of approval, and all subsequent action relating to the site shall conform to the approved final site plan, unless the Planning Commission agrees to a change as provided in this article. Any violation of the provisions of this article, including any improvement not in conformance with the approved final site plan, shall be deemed a violation of the Township Zoning Ordinance, and shall be subject to all penalties therein.

(Ord. No. 6-2009, 9-21-2009)

Certain lots, structures, and uses of lots and structures may exist within districts established by this chapter or amendments thereto which were lawful before the ordinance from which this chapter is derived was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter and its amendments. It is the intent of this chapter to permit such nonconformities to remain until they are discontinued or removed, but not to encourage their survival. It is further the intent of this chapter that such nonconformities be steadily upgraded to conforming status. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded, or extended, except as provided in this division, and that nonconformities shall not be used as grounds for adding other structures that are prohibited in the same district. Nonconformities are declared by this chapter to be incompatible with the structures and uses permitted in the various districts.

(Comp. Ords. 1990, § 130.2301)

A principal structure and customary accessory structures for a permitted use may be erected on a nonconforming lot which is of record on December 13, 1976, or the effective dates of applicable amendments to this chapter, provided a variance for such lot is approved by the Board of Appeals in accordance with article II, division 6 of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership as of such date even though such lot fails to meet the regulations for minimum lot area, or width, or both, that are applicable in the district, provided that other area, placement, and height regulations of the district are met. If two or more such lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of this chapter and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter. In such case, no portion of such parcel or lot shall be used or sold which does not meet the minimum lot width and area regulations established by this chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the minimum regulations established in this chapter.

(Comp. Ords. 1990, § 130.2302)

Where, on December 13, 1976, or the effective dates of applicable amendments to this chapter, a lawful use of a parcel or lot exists that is no longer permissible under the provisions of this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No such nonconforming use of a parcel or lot shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on December 13, 1976, or the effective dates of applicable amendments to this chapter and no accessory use, building or structure shall be established therewith.

(2)

No such nonconforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not occupied on December 13, 1976, or the effective dates of applicable amendments to this chapter.

(3)

If such nonconforming use of a parcel or lot ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such parcel or lot shall conform to the regulations of the district in which such parcel or lot is located.

(Comp. Ords. 1990, § 130.2303)

Where, on December 13, 1976, or the effective dates of applicable amendments to this chapter, a previously lawful structure exists that will become nonconforming under the regulations of this chapter by reason of restrictions upon lot area, lot area per dwelling unit, lot width, lot coverage, floor area ratio, height, transition and landscape strips, off-street parking, loading spaces, and yard requirements, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

Such building or structure may be enlarged, expanded, extended, or altered only if such enlargement, expansion, extension or alteration is approved by the Board of Appeals, in conformance with section 74-223, expansion and substitution.

(2)

Should any such building or structure be damaged by any means to an extent of more than 50 percent of its replacement cost at the time of such damage, it shall not be reconstructed except in conformity with the provisions of the district in which it is located. Should any such building be damaged to an extent of 50 percent or less of its replacement cost, it may be replaced in its location and term existing prior to such damage, provided such replacement is commenced within three years of the date of damage, and provided such replacement is diligently pursued to completion. Failure to complete the replacement shall result in loss of legal, nonconforming status.

(3)

Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(Comp. Ords. 1990, § 130.2304)

Where, on December 13, 1976, or the effective dates of applicable amendments to this chapter, a lawful use of a structure exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

A nonconforming use shall not be extended into any portion of a structure not occupied by such use on December 13, 1976, or the effective dates of applicable amendments to this chapter.

(2)

A nonconforming use shall not be expanded or increased in area or intensity.

(3)

An existing structure devoted to a use not permitted by this chapter in the district in which it is located shall not be enlarged, constructed, reconstructed, moved, or structurally extended or altered except in changing the use of such building or structure to a use permitted in the district in which such building or structure is located.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued for more than one year except where government action impedes access to the premises, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district in which it is situated, and the nonconforming use may not thereafter be resumed.

(6)

Where a nonconforming status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of damage.

(Comp. Ords. 1990, § 130.2305)

(a)

On any nonconforming structure or on any structure housing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or in repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed 25 percent of the then current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the floor area or volume of such building or the number of families housed therein, or the size of such structure as it existed on the date of adoption or applicable amendments of this chapter shall not be increased.

(b)

If a nonconforming structure or a portion thereof, or any structure containing a nonconforming use, becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(Comp. Ords. 1990, § 130.2306)

There may be a change of tenancy, ownership or management of an existing nonconforming use, building, or structure.

(Comp. Ords. 1990, § 130.2307)

(a)

The Board of Appeals shall determine if a nonconforming structure may be enlarged, expanded, extended, or altered, and the conditions under which such improvements shall be made. The following provisions shall apply:

(1)

The reasons for a nonconformity shall be limited to minimum lot area, lot width, required yards, off-street loading and parking requirements, and transition strip and landscape strip requirements. In no case shall a building or a structure that is nonconforming because of lot coverage, floor area ratio, lot area per dwelling units, or height regulations be permitted to expand without removing the nonconformity, except as permitted under a variance.

(2)

The proposed uses of such buildings and structures shall be among those permitted in the district in which situated.

(3)

The proposed improvement shall conform to all requirements of the district in which situated.

(4)

The Board of Appeals shall determine the following in approving a request:

a.

That the retention of the nonconforming building or structure is reasonably necessary for the proposed improvement or that requiring removal of such building or structure would cause unnecessary hardship.

b.

That the proposed improvement is reasonably necessary for the continuation of activities on the property.

c.

That the enlarged or otherwise improved nonconforming building or structure will not adversely affect the public health, safety and welfare.

(5)

The Board of Appeals shall have authority to require modification of the nonconformity where such is reasonable, as a condition for approval. The Board of Appeals may attach other conditions for its approval that it deems necessary to protect the public health, safety and welfare.

(6)

All expansions permitted under this section shall meet all requirements of article II, division 4, site plan review.

(b)

A nonconforming structure shall not be substituted for, or replace, any conforming or nonconforming structure.

(c)

A nonconforming use of a structure may be substituted for another nonconforming use upon permission by the Board of Appeals, as set forth in section 74-263, provided that no structural alterations are made, and provided, further, that such other nonconforming use is more appropriate than the existing nonconforming use in the district in which it is located. In permitting such change, the Board of Appeals may require conditions and safeguards in accordance with the provisions and intent of this chapter. A nonconforming use, when superseded by a more appropriate use, as provided in this subsection, shall not thereafter be resumed.

(Comp. Ords. 1990, § 130.2308; Ord. of 9-17-1990)

(a)

A nonconforming extraction operation legally existing on December 13, 1976, or the effective dates of applicable amendments to this chapter shall be a legal nonconforming use of a parcel of land and may continue, subject to the following provisions:

(1)

Extraction may be extended within the property based upon the property lines of record on December 13, 1976, or the effective dates of applicable amendments to this chapter, provided, however, that such extension shall not cross a public road.

(2)

All extensions to be commenced following December 13, 1976, or the effective dates of applicable amendments to this chapter shall first comply with all provisions of this section, and section 74-592.

(3)

Any extension of operations shall not exceed the depth of extraction of the portion existing on December 13, 1976, or the effective dates of applicable amendments to this chapter unless extraction to a greater depth is specifically approved by the Township Board.

(b)

If a nonconforming extraction operation ceases for any reason for a period of 270 consecutive days or more, the extraction operation shall not be resumed and the subsequent use of such parcel shall thereafter conform to the regulations of the district in which it is located.

(c)

The equipment and processes of a legal, nonconforming extraction operation may be upgraded periodically in order to maintain the operation in a modern condition and in order to meet contemporary pollution control standards. Such changes shall be permitted, even if they will result in an increase of production, provided the following conditions are met:

(1)

The changes in equipment and processes shall not have the effect of changing the nature or character of the operation into a use prohibited in the district in which it is located.

(2)

The noise, dust, odors, water pollution, and other objectionable attributes of the operation shall not be increased beyond the levels existing on December 13, 1976, or the effective dates of applicable amendments to this chapter.

(3)

The owner of the extraction operation shall notify the Township Board in writing of each change prior to the installation of such change.

(4)

Building permits for any structure shall be obtained prior to installation or construction.

(Comp. Ords. 1990, § 130.2309; Ord. of 9-17-1990)

A Zoning Board of Appeals, hereinafter referred to as "Board of Appeals," is hereby established, in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(Comp. Ords. 1990, § 130.2401)

State Law reference— Board of appeals required, MCL 125.3601.

(a)

The Board of Appeals shall consist of five members: a member of the Planning Commission appointed by the Township Board, a member of the Township Board appointed by the Township Board, and three members selected and appointed by the Township Board from among the electors residing in the unincorporated area of the Township. The term of the member from the Township Board shall not exceed that member's term of office on the Township Board, and shall be appointed on even-numbered years. The term of the Planning Commission member shall coincide with that member's term on the Planning Commission. The term of office for the remaining three members shall be three years. Members may be reappointed. Any vacancy created during an unexpired term shall be filled by the Township Board for the remainder of the unexpired term.

(b)

The terms of office of members of the Board of Appeals as of the date of adoption of this amendment are staggered and shall continue to be staggered pursuant to the appointment provisions set forth in this section.

(c)

No elected official of the Township nor any employee of the Township may serve simultaneously as one of the three remaining members of, or as an employee of, the Board of Appeals. The Board of Appeals shall choose a chairperson and a vice-chairperson.

(Comp. Ords. 1990, § 130.2402; Ord. of 4-14-1986; Ord. No. 2-2003, 5-19-2003)

State Law reference— Board membership, MCL 125.288.

(a)

Rules. The Board of Appeals shall adopt rules and regulations to govern its procedures.

(b)

Votes. A concurring vote of a majority of the members of the Board of Appeals shall be necessary for any decision. The Board of Appeals shall not conduct business unless a majority of its members is present.

(c)

Representation. Any person may appear on his/her own behalf at a hearing or may be represented by an agent or attorney.

(d)

Time limit. The Board of Appeals shall decide upon all matters within a reasonable time. The decision of the Board of Appeals shall be in the form of a resolution containing a full record of its findings and determinations in each case.

(e)

Meetings. Meetings of the Board of Appeals shall be held at the call of the chair and at such other times as the Board in its rules of procedure may specify. All meetings of the Board of Appeals shall be open to the public. The Board shall maintain a record of its proceedings that shall be filed in the office of the Township Clerk and shall be a public record.

(f)

Oaths. The chairperson of the Board of Appeals, or in the chairperson's absence, the acting chairperson (who shall be the vice-chairperson if present), may administer oaths and compel the attendance of witnesses.

(Comp. Ords. 1990, § 130.2403)

(a)

The Board of Appeals shall perform its duties and exercise its powers as provided in the Michigan Zoning Enabling Act (MCL 125.3101 et seq.), so that the objectives of this chapter shall be attained; the public health, safety and welfare served; and substantial justice done. The Board of Appeals shall hear and decide, as provided in this chapter:

(1)

Appeals of any administrative decision of any official or body on any requirement of this chapter.

(2)

Dimensional variances pertaining to area, placement, height, setback or similar matters.

(3)

Expansion of nonconforming buildings or structures.

(4)

Substitution of nonconforming uses.

(b)

Notwithstanding subsection (a) above, the Board of Appeals shall not hear and shall have no authority regarding any issue that involves the approval for a conditional use permit or modification to an existing conditional use permit, as set forth in division 3 of this chapter, conditional use permits, or the approval for a planned unit development or modification to an existing planned unit development, as set forth in section 74-542, PUD Regulations, of this chapter; however

(1)

If a project has been previously approved and rezoned as a residential planned unit development with individual building sites owned by individual residential owners of lots, parcels or units, then the Board of Appeals may hear the request from an individual residential owner of a lot, parcel or unit within the residential planned unit development for a dimensional variance pertaining to placement, height, setback or similar matters related to the residential owner's individual lot, parcel or unit.

(2)

If a project has been previously approved for a conditional use permit, then the Board of Appeals may hear a request from the property owner for a dimensional variance pertaining to placement, height, setback or similar matters related to the conditional use permit project.

(c)

The Board of Appeals shall not alter or change the zoning district classification of any property or make any change in the terms of this chapter, and shall not take any action that would result in making a legislative change.

(d)

The Board of Appeals shall have no authority to hear or make any determination on a request for a change in the use of any property in the Township otherwise prohibited by this chapter (sometimes referred to as a "use variance"), and any such change in the use of property shall be only by legislative act of the Township Board as provided in this chapter. All references to variances in section 74-266 shall mean dimensional variances as described in subsection 74-259(a)(2) and not use variances.

(Comp. Ords. 1990, § 130.2404; Ord. No. 5-2003, § 5-9-2003; Ord. No. 1-2015, 1-19-2015)

A schedule of fees of the Board of Appeals shall be established by resolution of the Township Board, and shall be paid at the time of application.

(Comp. Ords. 1990, § 130.2405)

The Board of Appeals shall hold a public hearing on each appeal for administrative review, and on each application for expansion or substitution of a nonconforming use and dimensional variance. The chair of the Board of Appeals shall fix a reasonable time and date for the hearing, said date not to exceed 45 days from the filing date. The notice shall be provided in accordance with the notification requirements set forth in section 74-61.

(Comp. Ords. 1990, § 130.2406; Ord. of 4-28-2000; Ord. No. 4-2004, 6-21-2004)

The Board of Appeals shall hear and decide upon applications for expansion of nonconforming structures and substitution of one nonconforming use for another such use in accordance with the provisions of section 74-233. An application for such expansion or substitution shall be filed with the Township Clerk. The application shall consist of a complete application form and fee, and shall contain adequate information to assist the Board of Appeals in reaching a decision in accordance with section 74-223. The Township Clerk shall transmit the application and information to each member of the Board of Appeals within three days of the filing date.

(Comp. Ords. 1990, § 130.2407)

The Board of Appeals shall hear and decide appeals from any administrative decision of any official or body on the requirements of this chapter, except as otherwise provided in this chapter, including any order, requirement, decision, or determination made by the Zoning Officer in the interpretation and enforcement of this chapter. The Board of Appeals shall interpret zoning district boundaries according to the provisions of section 74-392.

(Comp. Ords. 1990, § 130.2408; Ord. No. 4-2004, 6-21-2004)

All questions concerning the application of the provisions of this chapter shall first be presented to the Zoning Officer. Such questions shall be presented to the Board of Appeals only on appeal from the decisions of the Zoning Officer. Recourse from decisions of the Board of Appeals shall be to the courts as provided by the law.

(Comp. Ords. 1990, § 130.2409)

(a)

Appeals concerning administrative review shall be made within 28 days after the date of the decision being appealed, by filing with the Zoning Officer and the Board of Appeals a notice of appeal specifying the grounds therefor and paying the required fee. The Zoning Officer shall transmit to the Board of Appeals copies of all papers constituting the record upon which the action appealed from was taken, within seven days of the filing date of the appeal. The appellant shall submit a clear description of the order, requirement, decision or determination for which appeal is made, and may be required by the Board of Appeals to submit additional information to clarify the appeal.

(b)

Appeals may be taken by an person aggrieved by a decision of the Zoning Officer in the manner prescribed in subsection (a) of this section.

(c)

A fee shall be paid to the Township Clerk in the amount determined by resolution of the Township Board at the time of filing the notice of appeal and shall be deposited in the Township's general fund.

(d)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Officer from whom the appeal is taken certifies to the Board of Appeals after the notice is filed that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by a court of competent jurisdiction, on notice to the Zoning Officer from whom the appeal is taken, and on due cause shown.

(e)

The Board of Appeals may, so long as such action is in conformity with the terms of section 74-261, section 74-263 and this section, reverse or affirm, in whole or in part, or may modify the order, requirements, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the public official from whom the appeal is taken.

(Comp. Ords. 1990, § 130.2410; Ord. No. 4-2004, 6-21-2004)

(a)

Intent. The Board of Appeals shall have the power and duty to authorize in specific cases a relaxation of the provisions of this chapter through a variance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulties.

(b)

Filing. An application for a variance shall be filed by the owner of the lot in question with the Township Clerk. The application shall consist of a completed application form, fee, and the information required in this section. The Township Clerk shall transmit the application and information to each member of the Board of Appeals within three days of the filing date.

(c)

Information required. Each application for a variance shall contain the following information:

(1)

Legal description, address, and tax parcel number of subject lot.

(2)

Boundary survey, showing all property lines, dimensions, and bearings or angles, correlated with the legal description; all existing and proposed structures and uses on the premises, and dimensions of such structures and their dimensioned locations; lot area and all calculations necessary to show compliance with regulations of this chapter.

(3)

Name and address of applicant, property owner, interest of applicant in the property and signature of the property owner, if other than the applicant, concurring in the submittal of the application.

(d)

Standards of determination. A variance shall not be granted by the Board of Appeals unless and until all of the following conditions are met:

(1)

A written application for a variance is submitted, demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c.

That the special conditions and circumstances do not result from the actions of the applicant.

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

(2)

Any nonconforming use of neighboring lands, structures, or buildings in the same district, any permitted or nonconforming uses of lands, structures, or buildings in other districts, or any nonconforming structures shall not be considered grounds for the issuance of a variance.

(3)

The Board of Appeals shall find that the requirements of section 74-266(d)(1) have been satisfactorily met by the applicant.

(4)

The Board of Appeals shall further find that the reasons set forth in the application justify the granting of the variance, and that it is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(5)

The Board of Appeals shall further find that the granting of the variance will be in harmony with the intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public interest.

(Comp. Ords. 1990, § 130.2411; Ord. of 9-17-1990; Ord. No. 3-2012, 5-21-2012)

(1)

Each variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance has been commenced within 24 months after the granting of such variance and is being pursued diligently to completion, or the occupancy of land or buildings authorized by such variance has taken place within 24 months after the granting of such variance.

(2)

The time limits set forth in this section 74-267(1) may be extended at the request of the applicant upon approval of the Board of Appeals in accordance with the following procedures:

(a)

An extension may be granted for any period of time not to exceed 12 months. An extension, if granted, shall begin on the date the time limit would have expired, and shall continue for the period of time determined by the Board of Appeals not to exceed twelve months.

(b)

No more than one 12-month extension may be granted.

(c)

Under no circumstances shall an extension be granted if the request is received more than 12 months after expiration of the initial time period provided in 74-267(1).

(d)

The Board of Appeals is under no obligation to grant any extension, and the burden is on the applicant to show that good cause exists for granting the request for an extension as described in subsection (3) below.

(3)

The Board of Appeals shall consider the following factors in its determination of whether good cause exists for an extension:

(a)

The applicant has demonstrated that unforeseen economic developments or other events, conditions or circumstances justify the extension;

(b)

The applicant has demonstrated that (i) the length of time since the initial variance, or (ii) changes in the site or surrounding area, or (iii) changes in ordinances, standards or regulations do not adversely affect or warrant revision to the terms and conditions of the variance approval.

(Comp. Ords. 1990, § 130.2412; Ord. No. 5-2011, 8-15-2011)

No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of 365 days from the date of such denial, except on grounds of new evidence or proof of changed conditions found by the Board of Appeals to be valid.

(Comp. Ords. 1990, § 130.2413)

If an application or appeal to the Board of Appeals requires site plan approval by the Planning Commission, the applicant or appellant shall first apply for preliminary site plan approval as set forth in article II, division 4, site plan review. The Planning Commission shall review such plan and shall determine the layout and other features required to obtain approval of such plan. The Planning Commission shall then transmit the plan and the commission's findings thereon to the Board of Appeals. The Board of Appeals shall, upon deciding on the application or appeal, return the plan and its decision thereon to the Planning Commission for commission action on the preliminary site plan.

(Comp. Ords. 1990, § 130.2414)

Any decision of the Board of Appeals may be appealed through the courts, as provided in the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(Comp. Ords. 1990, § 130.2415)

State Law reference— Judicial review of decisions of Board of Appeals, MCL 125.3605 et seq.

The Board of Appeals may attach conditions to any affirmative decision, provided such conditions are in accordance with the requirements of this chapter and the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). Such conditions shall be consistent with procedures, requirements, standards, and policies of the Township Board, Planning Commission, and other Township agencies, where applicable. Violation of any condition imposed shall be deemed a violation of this chapter and punishable under article II, division 1, administration and enforcement generally.

(Comp. Ords. 1990, § 130.2416)

The Township Board may, from time to time, amend, modify, supplement, or revise the district boundaries or the provisions and regulations of this chapter. Amendments may be initiated by the Township Board, the Planning Commission, or by petition of one or more property owners of the Township, or by one or more persons acting on behalf of a property owner of the Township. All proposed amendments shall be referred to the Planning Commission for review and recommendation before action may be taken thereon by the Township Board.

(Comp. Ords. 1990, § 130.2501)

The Township Board shall establish, by resolution, fees for zoning amendment petitions. Such fee shall be paid in full to the Township Clerk at the time of filing of the petition and no part of such fee shall be returnable to the petitioner. Fees shall not be required for amendments proposed by any governmental agency or body.

(Comp. Ords. 1990, § 130.2502)

(a)

The procedure for amending this chapter shall be in accordance with Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(b)

The original petition and 11 copies thereof shall be filed with the Township Clerk. The Township Clerk shall transmit the petition and ten copies thereof to the Planning Commission for review and report to the Township Board. The Planning Commission shall establish a date of a public hearing on the petition after confirming that the petitioner has provided all information and paid all fees required by this chapter. The notice of public hearing shall be published and mailed in the manner described in section 74-61. Public hearing requirements shall also apply to amendments initiated by the Township Board, the Planning Commission, and by any other governmental agency or body.

(c)

The Planning Commission shall, within 135 days following the public hearing, report its findings and its recommendations for disposition of the petition to the Township Board. If additional information or analysis is required, the time limit for such report may be extended for up to an additional 135 days by the Planning Commission. The report shall include a summary of comments received at the public hearing.

(d)

The Township Clerk shall publish the full text of the proposed amendment prior to its adoption by publication in a newspaper of general circulation in the Township or by posting on the Township web site or by posting at the office of the Township Clerk and five other places in the Township, followed within seven days by publication of a notice of the posting in a newspaper of general circulation in the Township.

(e)

Following the public hearing the Planning Commission shall submit the proposed zoning ordinance, including any zoning maps, to the County Planning Commission, County Zoning Commission, or Coordinating Zoning Committee, if any, for review and recommendation.

(f)

Upon receiving the report of the Planning Commission on the proposed amendment, the Township Board may hold additional hearings if the Township Board considers it is necessary. Notice of a public hearing held by the Township Board on any proposed amendment shall be published in a newspaper that circulates in the Township. The notice shall be published not less than 15 days before the hearing. If the Township Board considers amendments to the proposed text of a zoning ordinance advisable, the Township Board may, in its discretion, refer the amendment to the Planning Commission for reports thereon within a time specified by the Township Board. After receiving the report, if any, the Township Board shall grant a hearing on a proposed ordinance provision to a property owner who by certified mail addressed to the Clerk of the Township Board, requests a hearing and the Township Board shall request the Planning Commission to attend the hearing. After a hearing at a regular meeting or at a special meeting called for that purpose, the Township Board may adopt, by majority vote of its members, amendments to this chapter, with or without amendments that have been previously considered by the Planning Commission or at a hearing.

(g)

The ordinance shall take effect upon the expiration of seven days after publication of the ordinance amendment as described in section 74-311.

(h)

For any proposed amendment to the zoning map, the petitioner or owner of the property proposed to be rezoned shall place a sign at the property in the manner described in section 74-61.

(Comp. Ords. 1990, § 130.2503; Ord. No. 8-02, § 130.2503, 5-20-2002; Ord. No. 3-2006, 8-21-2006; Ord. No. 1-2021, 2-15-2021)

(a)

When the petition involves an amendment to the official zoning map, the petitioner shall submit the following information to the Township Clerk:

(1)

A legal description of the property, including a street address and the tax code number.

(2)

A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

(3)

The name and address of the petitioner.

(4)

The petitioner's interest in the property; if the petitioner is not the owner, the name and address of the owner, and the owner-signed consent to the petition.

(5)

Signatures of the petitioner and owner, certifying the accuracy of the information.

(6)

Identification of the zoning district requested; existing zoning district of subject property.

(7)

Vicinity map showing location of property and adjacent land uses and zoning districts.

(b)

When a petition involves a change in the text of this chapter, the petitioner shall submit the following information to the Township Clerk:

(1)

A detailed statement of the petition, clearly and completely setting forth all proposed provisions and regulations, including all changes in this chapter necessary to accommodate the proposed amendment.

(2)

Name and address of the petitioner.

(3)

Reasons for the proposed amendment.

(Comp. Ords. 1990, § 130.2504)

(a)

In reviewing any petition for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendation for disposition of the petition, to the Township Board. The factors to be considered by the Planning Commission shall include, but shall not be limited to, the following:

(1)

Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted, or by an error in the original ordinance.

(2)

The precedents, and the possible effect of such precedents, which might result from approval or denial of the petition.

(3)

The capability of the Township or other governmental agencies to provide any services, facilities, and/or programs that might be required if the petition were approved.

(4)

Effect of approval of the petition on the condition and/or value of property in the Township or in adjacent civil divisions.

(5)

Relation of the petition to the master plan or development policies of the Township, and of other governmental units where applicable.

(b)

All findings of fact shall be made a part of the public records of the meetings of the Planning Commission.

(Comp. Ords. 1990, § 130.2505)

(a)

Following Township Board approval of a petition to amend the zoning ordinance, notice of the amendment shall be published within 15 days of such approval in a newspaper of general circulation in the Township. The notice of the ordinance adoption shall include the following:

(1)

Either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment; and

(2)

The effective date of the ordinance, which may be no less than seven days after publication, or such later date after publication as may be specified by the Township Board, and the place and time where a copy of the ordinance may be purchased or inspected. A copy of the zoning ordinance amendment shall be transmitted by the Township Clerk to the Zoning Officer. Notice of adoption shall meet the requirements set forth in the Zoning Enabling Act (MCL 125.3101 et seq.).

(b)

The Planning Commission shall, following the public hearing but within 125 days of the filing date, report its findings and its recommendations for disposition of the petition to the Township Board. The report shall include a summary of comments received at the public hearing.

(Comp. Ords. 1990, § 130.2506; Ord. of 9-17-1990)

As an alternative to the general process of rezoning land, the Township may allow conditional rezoning to help ensure the proper use of land, preservation of natural resources, and to allow for a more flexible approach to the rezoning process in accordance with the Michigan Zoning Enabling Act, Act 110 of 2006 (MCL 125.3101, et seq.). It is recognized that, in certain instances, it would be an advantage to both the Township and petitioners seeking rezoning of land if conditions and limitations that may be relied upon by the Township could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.

(a)

Authorization and limitations. The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to this division, with the following additional procedures, standards, and requirements:

(1)

A conditional rezoning request must be voluntarily offered by an owner of land within the Township. All offers must be made in writing and must provide the specific conditions to be considered by the Township as a part of the rezoning request. This offer may be made either at the time the application for conditional rezoning is filed, or may be offered at a later time during the conditional rezoning process.

(2)

Conditional rezoning shall not allow a use or activity that would not otherwise be permitted in the proposed zoning district.

(3)

Conditional rezoning shall not be construed as a grant of conditional land use approval. The process for review and approval of conditional land uses must follow the provisions of Article II, Division 3 of this chapter.

(4)

Conditional rezoning shall not alter any of the various zoning requirements that apply to the proposed zoning district, i.e., lot area, lot width, building height, setbacks, ground floor coverage, parking, landscaping, etc. Conditional rezoning shall not grant zoning variances of any kind.

(5)

Any use or development proposed as part of an offer of conditions that would require site plan review and approval, or subdivision or site condominium approval, as the case may be, under the terms of this chapter must be reviewed and approved under the provisions of chapter 74, article II, division 4; chapter 58, article II, or section 74-601 of this chapter, respectively.

(b)

Amendment of conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the Township Board described in section (c)(4) below, provided that if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

(c)

Procedure. The procedure for consideration of conditional rezoning request shall be the same as provided in chapter 74, article II, division 7 for other rezoning requests, in addition to the following:

(1)

A conditional rezoning request shall be initiated by the applicant submitting a proposed conditional rezoning request. In addition to the requirements of sections 74-309 and 74-312(a), a conditional rezoning request shall include the following:

a.

A list of conditions proposed by the applicant.

b.

A statement that confirms the conditional rezoning agreement was proposed by the applicant and entered into voluntarily.

c.

A statement that confirms that the property will not be used or developed in a manner that is inconsistent with conditions placed on the rezoning.

d.

A sketch plan in sufficient detail to illustrate any specific conditions proposed by the applicant. This information may be illustrated on the scaled map of the property, as required by section 74-309 of the Township Zoning Ordinance.

e.

A time frame for completing the proposed conditions.

(2)

The notice of public hearing on a conditional rezoning request shall include a general description of the proposed rezoning and the conditions offered by petitioner. A review of the proposed conditions shall be conducted at the public hearing.

(3)

The Planning Commission, after public hearing, may recommend to the Township Board, after consideration of the findings in section 74-310, including, but not limited to, conformance with the Master Plan, and standards in section 74-312(a), approval, approval with recommended changes or denial of the rezoning; provided, however:

a.

That any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner;

b.

The conditions, proposed development, and/or proposed use of the land are designed or proposed for public health, safety, and welfare purposes; and

c.

The conditions, proposed development and/or proposed use of the land are in accordance with all terms and provisions of the zoning district to which the land is to be rezoned.

(4)

After receipt of the Planning Commission's recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in sections 74-312(a) and 74-312(c) of the Township Zoning Ordinance. If the Township Board considers amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board may, in accordance with Section 401 of the Michigan Zoning Enabling Act, Act 110 of 2006 (MCL 125.3401), refer such amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

(d)

Approval. If the Township Board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written conditional rezoning agreement acceptable to the owner and in a form approved by the Township Attorney and Supervisor.

(1)

The conditional rezoning agreement shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning. The conditional rezoning agreement shall:

a.

Be in a form recordable with the Register of Deeds of Washtenaw County executed by the owner, petitioner and Township.

b.

Contain a legal description of the land to which it pertains.

c.

Contain a statement acknowledging that the conditional rezoning agreement runs with the land and is binding upon successor owners of the land.

d.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner and/or petitioner that are necessary to illustrate the implementation of the conditional rezoning agreement. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e.

Contain a statement acknowledging that the conditional rezoning agreement shall be recorded by the Township with the Register of Deeds of Washtenaw County.

f.

Contain the notarized signatures of all of the owners of the subject land and petitioners, preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the conditional rezoning agreement.

(2)

Upon the rezoning taking effect, the Zoning Map for the Township shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with conditional rezoning agreement. The Township Clerk shall maintain a listing of all lands conditionally rezoned.

(3)

Upon the rezoning taking effect, the use of the land conditionally rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the conditional rezoning agreement.

(e)

Time limit: Reversion of zoning. If the proposed conditions of rezoning are acceptable to the Township, the Township may establish a time period during which the conditions apply to the property and must be met.

(1)

If approved development and/or use of the rezoned land subject to the conditions does not occur within the time frame specified as set forth in this section (e), then the land shall revert to its former zoning classification as set forth in the Michigan Zoning Enabling Act, Act 110 of 2006 (MCL 125.3405). The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

(2)

Unless a reversion of the zoning takes place as described in the section above, the approved conditional rezoning shall be binding upon the subject property owner, his heirs, successors, assigns, and transferees.

(3)

The Township may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.

(4)

The time limits specified and approved by the Township may be extended upon the application of the landowner prior to the expiration of the times periods set forth in the conditional rezoning agreement and approval of the Township Board.

(f)

Subsequent Rezoning of Land. When land that is rezoned with a conditional rezoning agreement is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no conditional rezoning agreement, whether as a result of a reversion of zoning pursuant to section (e) above or otherwise, the conditional rezoning agreement imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Township Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the conditional rezoning agreement is no longer in effect.

(g)

Amendment of conditions. During the time period for commencement of an approved development or use specified pursuant to section (e) above or during any extension thereof granted by the Township Board, the Township shall not add to or alter the conditions in the conditional rezoning agreement. The conditional rezoning agreement may be amended thereafter in the same manner as was prescribed for the original rezoning and conditional rezoning agreement.

(h)

Township right to rezone. Nothing in the conditional rezoning agreement nor in the provisions of this section shall be deemed to prohibit the Township from rezoning all or any portion of land that is subject to a conditional rezoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this Section 312 of the Township Zoning Ordinance and the Michigan Zoning Enabling Act, Act 110 of 2006 (MCL 125.3101, et seq.).

(i)

Failure to offer conditions. The Township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this section 74-312 of the Township Zoning Ordinance.

(j)

Violation of conditional rezoning agreement. If development and/or actions are undertaken in violation of the conditional rezoning agreement, such development and/or actions shall constitute a violation of this chapter and are deemed a nuisance per se. In such case, the Township may issue a stop-work order relative to the property and seek any other lawful remedies. Until action is taken to bring the property into compliance with the conditional rezoning agreement, the Township may withhold or, following notice and an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.

(k)

Development rights. Any conditional rezoning authorized pursuant to this section does not permit the owner and/or petitioner to develop, clear, grade, and/or install improvements on the property in violation of the Township Ordinances. All development, use, and improvement of the property must be approved in accordance with any necessary approvals and any and all site plan reviews and approvals as required by the Township Ordinances, and shall also be subject to and in accordance with all other approvals and permits required under the Township Ordinance and State law. Nothing in this section shall permit any activity, use or condition that would otherwise violate any requirements or standard that is otherwise applicable in the proposed zoning district where the property is located.

(Ord. No. 1-2022, 5-16-2022)