It is the purpose of this article to provide the procedures for the administration of the chapter, issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of the provisions of this chapter and amendments thereto.

(Ord. No. 01-20, § 18.31, 2-10-20)

The zoning ordinance shall be administered and enforced by the zoning official who shall be appointed by the township board. The township board shall also appoint a building official who shall be authorized to review and approve building permits and certificates of occupancy. The terms "building official" and "zoning official" shall not be interchangeable for the purposes of this chapter. However, the township board may appoint a single person or multiple people to fill both roles.

(Ord. No. 01-20, § 18.32, 2-10-20)

(a)

Zoning official. The zoning official, or authorized designees, shall have the following duties and powers:

(1)

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

(2)

Review for completeness all applications for site plan review and special land uses which the planning commission is required to decide under this chapter and refer such applications to the planning commission for determination.

(3)

Review for completeness all applications for appeals, variances, or other matters which the zoning board of appeals is required to decide under this chapter and refer such applications to the zoning board of appeals for determination.

(4)

Review for completeness all applications for amendments to this chapter and refer such applications to the planning commission and township board for determination.

(5)

Receive applications for and issue certificates of zoning compliance in accordance with this chapter and shall authorize issuance of certificates of occupancy by the building official as required herein.

(6)

Make periodic site inspections to determine chapter compliance, and answer complaints on zoning ordinance violations. The zoning official may engage other expert opinion to assist in making such inspections, subject to approval of the township board.

(7)

Identify and process violations of this chapter. The zoning official shall be responsible for making inspections of the township, or parts thereof, for the purpose of identifying violations of this chapter.

(8)

Keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued.

Under no circumstances is the zoning official permitted to grant exceptions to the meaning of any clause, order, or regulation contained in this chapter to any person making application to excavate, construct, move, alter, or use any building, structure or land within the township.

(b)

Building official. The building official, or authorized designees, shall have the following duties and powers:

(1)

Review for completeness all applications for building permits.

(2)

Monitor and inspect projects in accordance with the building code adopted by Berlin Charter Township.

(3)

Make periodic site inspections to determine compliance with building code.

(4)

Maintain communication and coordination with the township supervisor, township board, applicable commissions, other agencies, and the public.

(5)

Prepare written reports and recommendations; communicates related information orally or in writing to the township supervisor.

(6)

Coordinate department activities with other township departments, Monroe County, state agencies, and other entities as required.

(Ord. No. 01-20, § 18.33, 2-10-20)

(a)

Permits required. It shall be unlawful for any person to commence excavation, construct any building or structure, incorporate structural changes, or structural repairs in any existing building, without first applying for and obtaining a building permit from the building official. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this article showing that the construction proposed is in compliance with the provisions of this chapter, with the building codes, and with other applicable ordinances.

"Alteration" or "repair" of an existing building or structure shall include any changes in structural members, stairways, basic construction type, kind of class occupancy, light or ventilation, means of egress or ingress, or any other changes affected or regulated by the building codes, the housing law of the state, or this chapter, except for minor repairs or changes not involving any structural, mechanical, or electrical modifications.

(b)

Permits for new use of land. A building permit shall be obtained for the new use of land, whether the land is presently vacant or a change in land use is proposed.

(c)

Permits for new use of buildings or structures. A building permit shall be obtained for any change in use of an existing building or structure to a different class or type.

(d)

Accessory buildings. Accessory buildings, when erected at the same time as the principal building on a lot and shown on the application thereof, shall not require a separate building permit.

(e)

Documents Required. Prior to the issuance of a building permit, the applicant shall present the following documents, where applicable, to the building official:

(1)

Plan requirements. An application for a building permit shall be accompanied either by a plot plan as required in this section, or by a site plan as required under article VI, site plan review, whichever applies. If a site plan is not required under article VI, a plot plan shall be submitted, with the following information:

a.

Scale, date and north point directional arrow.

b.

Location map showing major intersections, and dimensioned diagram of the parcel.

c.

The dimensioned location, outline, and dimensions of all existing and proposed buildings or other structures, and the location and extent of all uses not involving structures, including all setbacks and lot coverage area.

d.

A clear description of existing and intended uses of the lot and of all such structures upon it, including documentation of any legal non-conforming uses and structures. In residential areas, the number of dwelling units the building is intended to accommodate.

e.

Additional information as required by the building official for the purposes of determining compliance with the provisions of this article.

(2)

Permits for an on-site wastewater treatment system and/or water supply system issued under the provisions of the county sanitary code by the county health department (soil analysis is part of the above permit process).

(3)

A culvert permit issued by the county road commission.

(f)

Permits not to be issued. No building permit shall be issued for the erection, alteration, or use of any building or structure, and/or premises, or both, or part thereof, which is not in accordance with all provisions of this chapter and other ordinances except in those cases where variances have been granted by the zoning board of appeals.

(g)

Effectiveness. All building permits, when issued, shall be valid for a period of one (1) year, but may be extended for a period of not to exceed one (1) year, if the building official and/or zoning official find good cause for failure to complete work for which such permit was issued; provided that the exterior of any such structure must be completed within one (1) year from the date of the original issuance of a building permit. Should the holder of a building permit fail to complete the work for which said permit was issued within the time limit as set forth above, any unfinished structure is hereby declared a nuisance, per se, and the same may be abated by appropriate action before the circuit court of the county.

(Ord. No. 01-20, § 18.34, 2-10-20)

It shall be unlawful to use or permit the use of any building, structure, and/or premises, or both, or part thereof, created, erected, changed, converted, or enlarged until a certificate of occupancy has been issued by the building official. The following shall apply in the issuance of any certificate:

(a)

Certificate of occupancy for new use of land. A certificate of occupancy shall be obtained for the new use of land, whether the land is presently vacant or a change in land use is proposed.

(b)

Certificate of occupancy for new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained.

(c)

Certificate of occupancy not to be issued. No certificate of occupancy shall be issued for any building, structure, and/or premises, or both, or part thereof, which is not in accordance with all the provisions of this chapter.

(d)

Certificate of occupancy required. No building or structure, or parts thereof, which is erected or altered, shall be occupied, or used, unless and until a certificate of occupancy has been issued for such building or structure.

(e)

Certificate of occupancy including zoning. Certificates of occupancy as required by the township building codes for new buildings, structures, or premises, or both, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of zoning compliance.

(f)

Certificate of occupancy for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, and/or their premises, or both, if, after inspections, it is found that such buildings, structures, or parts thereof, and/or such use of premises, are in conformity with the provisions of this chapter.

(g)

Records of certificates of occupancy. A record of all certificates of occupancy issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(h)

Certificates of occupancy for accessory buildings to dwellings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot or site plan when completed at the same time as such dwelling.

(i)

Application for certificate of occupancy. Application for certificates of occupancy shall be made in writing to the building official on forms furnished by the township. Certificates of occupancy shall be issued within ten (10) days after receipt of such application if it is found that the building or structure, and/or premises, or both, or part thereof, is in accordance with the provisions of this chapter. If such certificate of occupancy is refused for cause, the building official shall promptly notify the applicant of such refusal and cause thereof.

(j)

Temporary certificates of occupancy. Certificates of occupancy may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force for more than six (6) months, nor more than five (5) days after the building or structure is fully completed and ready for occupancy and provided further that such portions of the building or structure are in conformity with the provisions of this chapter.

(Ord. No. 01-20, § 18.35, 2-10-20)

The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof, shall notify the building official immediately upon the completion of the work authorized by such permit, for final inspection.

(Ord. No. 01-20, § 18.36, 2-10-20)

The township board shall establish a schedule of fees by resolution from time to time for administering this chapter. The schedule of fees shall be on public display in the office and may be changed only by the township board. No certificate or permit shall be issued unless required fees have been paid in full.

(Ord. No. 01-20, § 18.37, 2-10-20)

Except as otherwise provided in this chapter, notices of hearings regarding zoning amendments, special land uses, and matters before the zoning board of appeals shall be provided as required by the Zoning Enabling Act, as amended, as follows:

(a)

Newspaper notice. A notice shall be published in a newspaper of general circulation in the township not less than fifteen (15) days before the hearing date.

(b)

Notice requirements. At least fifteen (15) days before the hearing, notices shall be mailed or hand-delivered to the following:

(1)

The applicant and the owner(s) of the property, if the applicant is not the owner.

(2)

All persons to whom real property is assessed within three hundred (300) feet of the property for which approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located within the township.

(3)

The occupants of any structures within three hundred (300) feet of the boundary for the property for which approval has been requested, regardless of whether the owner and property is located within the township except as set forth in section 18-38(b)(4).

(4)

Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

(5)

Notice under this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service, or other public or private delivery service. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(c)

Exemptions. Requirements for individual notice, as set forth in section 18-38(b) do not apply to the following:

(1)

Chapter text amendments.

(2)

Any group of adjacent properties numbering eleven (11) or more that is proposed for rezoning.

(d)

Content of notice. The notice shall do all of the following:

(1)

Describe the nature of the request.

(2)

Identify the property that is the subject of the request. The notice shall include a listing of all existing street addresses and/or parcel identification numbers within the property(ies). If there are no street addresses, other means of identification (including illustrations) may be used.

(3)

State when and where the request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 01-20, § 18.38, 2-10-20)

(a)

Purpose and intent. In the interest of ensuring compliance with the zoning ordinance provisions; protecting the natural resources; and the health, safety, and welfare of the residents of the township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the township may require the applicant to deposit a performance guarantee for any or all site improvements required by this chapter. The purpose of the performance guarantee is to ensure completion of improvement connected with the proposed use as required by this chapter, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, walls, screens, and landscaping.

A performance guarantee shall be in conformance with the requirements of section 18-39(b). The township may employ the township engineer and/or other township staff/consultants to review cost estimates and conduct periodic inspections of the progress of improvements.

(b)

Procedure.

(1)

When a performance guarantee is required, said performance guarantee shall be deposited with the township prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee, in the form of a cash deposit, certified check, or surety bond, the township shall issue the appropriate building permit.

(2)

At the time of the performance guarantee is deposited with the township and prior to the issuance of a building permit, the applicant shall enter into an agreement with the township incorporating the performance guarantee provisions.

(3)

The agreement shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of issuance of the building or other permit.

(4)

In the event the performance guarantee deposited is a cash deposit or a certified check, the township shall rebate to the applicant, upon request from the applicant, fifty percent (50%) of the deposited funds when the applicant has completed seventy-five percent (75%) of the required improvements as confirmed by the township. The remaining fifty percent (50%) of the deposited funds shall be returned when the applicant has completed one hundred percent (100%) of the required improvements and compliance with the chapter is confirmed by the township.

(5)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the township, the township shall have the right to use the performance guarantee deposited, and any interest earned thereon, to complete the improvements through contract or otherwise, specifically the right to enter upon the subject property to make the improvements.

(6)

If the performance guarantee is not sufficient to allow the township to complete the improvements for which such guarantee was posted, the applicant shall be required to pay the township the amount necessary to complete the improvement. Any amounts remaining after said completion shall be applied first to the township's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.

(c)

Guarantees with other agencies. If the applicant has been required to post a performance guarantee or bond with another agency to ensure completion of an improvement associated with the site, the applicant shall not be required to deposit with the township a performance guarantee for that same improvement.

(Ord. No. 01-20, § 18.39, 2-10-20)

(a)

Violations. A violation of this chapter shall be a municipal civil infraction and shall be subject to the penalties established under the municipal civil infraction ordinance of Berlin Charter Township. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter nor prevent the township from seeking injunctive relief or any other remedy available under the law.

(b)

Compliance required. The imposition of any fine or jail sentence, or both, shall not exempt the violator from compliance with the provisions of this chapter.

(c)

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

(Ord. No. 01-20, § 18.40, 2-10-20)