Amendments to this chapter may be made as necessary, and shall be made in accordance with the procedures in this chapter and the Michigan Zoning Enabling Act of 2006.

(Ord. § 1501, 11-9-2015)

For the purposes of this subchapter and other applicable sections of this chapter, the term "rezoning" shall be considered an amendment to the zoning district map. The procedure for rezoning shall follow the procedure set forth in this subchapter for amendments.

(Ord. § 1502, 11-9-2015)

Proposals for amendments may be initiated by the township board, planning commission, or any person or persons having a property interest in the land sought to be rezoned.

(Ord. § 1503, 11-9-2015)

Except as provided in section 150.294, the procedure for proposals by owners of property shall be set forth in this section 150.293.

(A)

Each petition by one or more owners or their agents, to amend the text or map (re-zoning) of this chapter shall be submitted upon an application of standard form to the zoning administrator. A fee as established by the township board shall be paid at the time of application. The zoning administrator shall transmit the application and other information to the planning commission for its consideration and recommendation.

(B)

The planning commission shall consider each proposed amendment in terms of the likely effect of such proposal upon the development plans for the community as set forth in the township master plan, as well as in terms of the merits of the individual proposal. The planning commission may recommend any additions or modifications to the amendment petition. Following the notice and hearing requirements of this section, the planning commission shall forward a recommendation on the proposed amendment along with a copy of the public hearing minutes to the township board and the county planning commission. In the event that the county planning commission has waived its right of review, no submission to that body shall be necessary.

(C)

Before making a recommendation on any proposed amendments to this chapter, the planning commission shall conduct a public hearing, with notice being given by the township as specified in subsections (D) and (E) below. Said notice shall contain the time, place, date and purpose of the hearing, the name of the applicant, a description of the property to be rezoned and the requested zoning change or, if a text change, an outline of the proposed amendment and where and when the text of the proposed amendment may be examined.

(D)

Notice shall be given by publication in a newspaper of general circulation in the township not less than 15 days before the date of the hearing.

(E)

Mailed or delivered notice shall be made in accordance with the following:

(1)

To each railroad, electric, gas, pipeline, and telephone company that registers its name and mailing address with the township for the purpose of receiving such notice. Said notice shall be made at least 15 days in advance of the hearing.

(2)

To each owner of property as listed on the most recent tax roll of all real property located within 300 feet of the area proposed for a map amendment. An affidavit of the delivery shall be filed with the planning commission. Said notice shall be given not less than 15 days before the date the request will be considered.

(3)

To each occupant(s) of all structures within 300 feet of the area proposed for a map amendment. An affidavit of the delivery shall be filed with the planning commission. Said notice shall be given not less than 15 days before the date the request will be considered.

(4)

To the applicant and/or owner of the property in question.

(F)

Following the planning commission's public hearing, the proposed zoning amendment(s), including zoning map(s), shall be submitted by the planning commission to the county planning commission (unless they have waived their review) for its recommendation. Upon receipt of the county planning commission's recommendation (unless waived) or expiration of 30 days, the township board shall review both the county and the township planning commissions' recommendations.

(1)

The township board may hold its own public hearing if it considers it necessary. The township board shall also grant a hearing on the proposed amendment(s) to any interested property owner who has filed a written request for such a hearing with the township clerk. Said request shall be delivered by certified mail. The planning commission may be requested to attend the hearing. Notice of the hearing shall be published in a newspaper of general circulation within the township. The notice shall be published not less than 15 days prior to the hearing.

(2)

If the township board deems advisable any changes or additions to the amendment(s) recommended by the planning commission, it shall refer the changes or additions back to the planning commission for a report thereon within 30 days. After receiving the report, the township board shall grant a hearing on the proposed amendment(s) as is specified in subsection (F)(1) above.

(G)

Following a hearing or review of the planning commission's report, the township board by majority vote of its membership may adopt or reject the proposed amendment(s) with or without changes. Any proposed added, significant element of regulation or proposed added land area to be changed in zoning classification, which did not do through the required public hearing process, shall be submitted through the required public hearing process before being considered for further action. A lessor portion (either regulations or land area) of a proposed amendment, which has received full public hearing consideration, may be considered for further action without a new public hearing process.

(H)

If no effective date is specified, the amendment(s) will take effect 15 days after publication of the notice of adoption.

(I)

The amendment(s) shall be filed with the township clerk and one notice of adoption shall be published in a newspaper of general circulation within 15 days after adoption. The notice shall contain:

(1)

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

(2)

The effective date of the amendment(s); and

(3)

The time and place where a copy of the amendment(s) may be examined.

(J)

An amendment for the purpose of conforming a provision of the zoning ordinance to the decree of a court of competent jurisdiction as to any specific land may be adopted by the township board and the notice of the adopted amendment published without a hearing or referring the amendments to any other board or agency provided for in this chapter.

(Ord. § 1504, 11-9-2015)

(A)

Purpose and intent. It is recognized that there are certain instances where it would be in the best interests of the township as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for rezoning. It is the intent of this section to provide a procedure consistent with the provisions of § 405 of the Michigan Zoning Enabling Act 110, 2006, (MCL 125.3405), as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(B)

Application and offer of conditions.

(1)

An owner of land may voluntarily offer in writing, conditions relating to the use and/or development of land for which a rezoning is requested. This offer shall be made at the time the application for rezoning is filed.

(a)

The applicant is advised, that the planning commission and the township board will review the applicant's proposal in relation to the township master plan. If there are any conflicts or potential conflicts between the applicant's proposal and the township master plan, it would be wise for the applicant to address the conflict(s) or potential conflict(s), and possibly offer condition(s) that would eliminate or lessen conflict(s), or provide compensation(s) for the conflict(s).

(b)

The applicant is also advised, that the planning commission and the township board will review the applicant's proposal in relation to the surrounding zoning and surrounding existing land uses. If there are any conflicts or potential conflicts, it would be wise for the applicant to also address these conflict(s) or potential conflict(s), and possibly offer condition(s) that would eliminate or lessen conflict(s), or provide compensation(s) for the conflict(s).

(c)

The applicant is also advised, that if their proposal would create, or potentially create problems with any public services, is would also be wise to possibly offer condition(s) to address these problems.

(d)

The township through their master planning process and the development of their zoning ordinance and zoning map have already considered to a significant degree, what is in the long term interests of the public's health, safety, and general welfare. The presumption of validity therefore, is with the existing township master plan and zoning ordinance. The township therefore is not likely to well receive a request in conflict with the existing master plan and/or zoning ordinance without cause or conditions to eliminate or lessen such conflicts or compensation for such conflicts to the injured party(ies).

(2)

The required application and procedure for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

(3)

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested zoning district.

(4)

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

(5)

Any use or development proposed as part of an offer of conditions that would require a conditional use permit under the terms of this chapter may only be commenced if a conditional use permit for such use or development is ultimately granted in accordance with the requirements as set forth in sections 150.125 through 150.140.16 of this chapter.

(6)

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the requirements as set forth in sections 150.180 through 150.187 of this chapter.

(7)

Any use of development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter, may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the requirements as set forth in this chapter in sections 150.105 through 150.113, site plan review.

(8)

The offer of conditions may be amended during the process of rezoning provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of their offer of conditions any time prior to final rezoning action by the township board provided that, if such withdrawal occurs subsequent to the planning commission's public hearing on the original re-zoning request, then the rezoning application shall be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

(C)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in this chapter, sections 150.290 through 150.295, amendments and rezoning, may recommend approval, approval with recommended changes or denial of the rezoning provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

(D)

Township board review. 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 section 150.293 of this chapter. Should the township board consider 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 shall, in accordance with § 11 of the Township Zoning Act (MCL 125.281), 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.

(E)

Approval.

(1)

If the township board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the chapter adopted by the township board to accomplish the requested rezoning.

(2)

The statement of conditions shall:

(a)

Be prepared in a form recordable with the county register of deeds or, as an alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the township board.

(b)

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

(c)

Contain a statement acknowledging that the statement of conditions 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 that are necessary to illustrate the implementation of the statement of conditions. 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 statement of conditions or an affidavit of memorandum giving notice thereof shall be recorded by the township clerk with the register of deeds of the county.

(f)

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

(3)

Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The township clerk shall maintain a listing of all lands rezoned with a statement of conditions.

(4)

Upon the rezoning taking effect, the use of the land so 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 statement of conditions.

(F)

Compliance with conditions.

(1)

Any person who establishes a development or commences a use upon land that has been re-zoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions.

(2)

Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by the law.

(3)

No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.

(G)

Time period for establishing, developing, or use. Unless another time period is specified in the chapter rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits shall be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the township board if:

(1)

It is demonstrated to the township board's satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion.

(2)

The township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(H)

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the 18 month time-frame specified under subsection (G) above, then the land shall revert to its former zoning classification as set forth in MCL 125.286i. The reversion process shall be initiated by the township board requesting that the planning commission proceed with consideration of rezoning 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.

(I)

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection (H) above or otherwise, the statement of conditions 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 county register of deeds, a notice that the statement of conditions is no longer in effect.

(J)

Amendment conditions.

(1)

During the time period for commencement of an approved development or use specified pursuant to subsection (G) above or during any extension thereof granted by the township board, township officials shall not add to or alter the conditions in the statement of conditions.

(2)

The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning procedures and statement of conditions.

(K)

Township right to rezone. Nothing in the statement of conditions 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 statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Township Zoning Act (MCL 125.271 et seq.).

(L)

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 chapter.

(Ord. § 1505, 11-9-2015)

(A)

Introduction.

(1)

The following procedure shall apply to applications for rezoning property to permit the extraction of natural resources in accordance with MCL 125.3205(3) et seq. enacted by Act 113, PA 2011 ("Act 113") with regard to property not situated within the RP, resource production district established in this chapter. An application to permit the extraction of natural resources on properties that are situated in the RP, resource production zoning district shall be governed by section 150.027. An application to permit the extraction of natural resources on properties that are not situated in the RP, resource production zoning district shall be governed by this section.

(2)

In conformance with Act 113, an application under this section shall be divided into two parts.

(a)

Part (1) addresses whether the applicant has a sufficient property interest in the natural resource, whether valuable natural resources are located on the applicant's property, and whether there is a need for the natural resource sought to be extracted. Part (1) shall consist of an administrative proceeding. The planning commission shall conduct an initial hearing and make findings and a recommendation to the township board.

(b)

Part (2) addresses the decision on whether the proposed extractive operation would be appropriate in the township in the context of whether or not very serious consequences would result from the extraction of the resource. Part (2) shall only be necessary in the event the applicant has satisfied the requirements of Part (1).

(B)

Findings.

(1)

As the Michigan Supreme Court determined in Kyser v Kasson Township, 486 Mich 514, 518 (2010) "In 1988, there were seven gravel mines operating in the township, and over the following six years, there were seven rezoning applications submitted to the Township Board to allow for additional gravel mining, resulting in both litigation and the establishment of new mining operations. In response, the township took several steps to address its overall mining policy, culminating in the establishment of a gravel mining district in accordance with the ZEA" ("Zoning Enabling Act" for clarification).

(2)

The gravel mining district in Kasson Township encompasses 3,100 acres, or over five square miles and was adopted as part of the 1995 Master Plan (amended in 2004) and incorporated in the 1997 Zoning Ordinance. The defined gravel mining district was intended, and continues to be intended, to protect the township's stability and quality of life from the threats of ad hoc rezoning applications and approvals of gravel extraction operations in unplanned locations without notice to surrounding properties, and without consideration of the township's long-term land-use planning concerns. The gravel district was also intended to ensure that sufficient land was zoned to satisfy the need for gravel resources for the foreseeable future. Breitung Township has over five square miles in the RP, resource production zoning district which permit natural resource extraction.

(3)

The Kasson Township's study and approval of its gravel district were actions directly and critically related to the public health, safety, and welfare in the township, expressly recognized to be important considerations in Act 113.

(4)

Moreover, because the provisions of Act 113 are a part of the broader Zoning Enabling Act, under the rules of statutory construction recognized in Kyser, the exception to general rules of zoning and planning, set forth in Act 113, must be construed narrowly, and the applicant has a heavy burden to demonstrate that no very serious consequences will result from a change in the planning and zoning established in the township and relied upon by township property owners with respect to the established gravel mining district.

(5)

Act 113 specifies that the standards in Silva v Ada Township, 416 Mich. 153 (1982) ("Silva") shall be applied in reviewing an application to permit the extraction of natural resources. As dictated by Silva, the existing zoning ordinance, including the existing boundaries of the gravel zoning district, shall be presumed to be reasonable. Likewise, existing boundaries of the RP, resource production zoning district in Breitung Township's case is also presumed to be reasonable.

(6)

While Act 113 establishes a "hybrid" analysis for zoning decision-making, Act 113 remains within the context of land use decision-making that is within the Zoning Enabling Act as a whole. Accordingly, in any decision to rezone additional property into the RP, resource production zoning district, the township must consider the decision's effect not only upon a specific project or property, but also upon the impact upon the surrounding area, future planning and all projects in the township.

(C)

Definitions.

(1)

As used in this section, the phrase "Need for the Natural Resources," shall represent the phrase included in MCL 125.3205(4): "Need for the Natural Resources by the person or in the market served by the person". Need for the natural resources shall mean a demonstrable need for a commercially meaningful quantity of the natural resources proposed to be excavated on the applicant's property. Demonstrating such a need shall require the applicant to show either of the following in relation to the natural resources on applicant's property: a commercial need for the natural resources to satisfy a current and ongoing requirement by an active business operated principally by the applicant using the natural resources in the production of a final product for sale that is different than the natural resources; or a present commercial need by purchasers of such natural resources from the applicant's property. For purposes of this definition of "need for the natural resources":

(a)

Commercial need in relation to applicant's property will only be deemed to exist to the extent, if any, that the need for the natural resources cannot otherwise be met within the commercial market.

(b)

Commercially meaningful quantity shall mean that quantity, taking into consideration the quality and type of natural resources, that a person who is experienced and knowledgeable in the industry would require as a condition to expending the time and money necessary to commence and operate a mining enterprise that is expected to be profitable for a sustained period of time.

(c)

Commercial market means that geographic area within which there would be a commercial demand for the natural resources from the applicant's property, considering factors including, but not limited to: the transportation expenses and other factors relevant to cost; and the actual or available alternative supply of the natural resources from active mining sites and vacant land classified to permit mining within the township's RP, resource production zoning district, as well as other active mines, quarries, and vacant land classified for such purpose that could provide an alternative supply to meet such demand in whole or part.

(2)

As used in this section, the terms natural resource and natural resources shall mean and include gravel, as well as other minerals.

(3)

As used in this section, the phrase sufficiency of applicant's property interest shall mean a requirement that, with regard to the land which is the subject of the application, applicant has, as a matter of substance, a "possessory property interest" in the land, as that term is understood in Michigan real property law, including, but not limited to a fee simple interest. An option to purchase a possessory interest shall not be a sufficient property interest.

(D)

Administrative procedure.

(1)

The process of review for a request to permit the extraction of natural resources on properties that are not situated in the RP, resource production zoning district shall be commenced by the applicant filing an application for an administrative determination with regard to the following, consistent with the terms defined above:

(a)

The sufficiency of the applicant's property interest; and

(b)

A determination as to whether there are "valuable" natural resources on the applicant's property, that is, whether the applicant can receive revenue and reasonably expects to operate at a profit if the natural resources are extracted; and

(c)

The need for the natural resources. This determination shall include the duration of the need.

(d)

The application submitted by the applicant shall provide written documentation and evidence describing in detail and making the requisite demonstration with regard to each of the three determinations. The planning commission shall conduct an administrative hearing on the application, which shall be a public hearing. Prior to the hearing, the zoning administrator shall review the application and documentation submitted in support of the application, and report any deficiencies to the applicant and the planning commission within a reasonable time. The hearing on the issues specified in subsections (a) through (c), above, shall not be noticed until the applicant has cured the deficiencies, if any, found to exist in accordance with this procedure. Public notice of the hearing shall be provided in conformance with section 150.293.

(2)

At the hearing the applicant shall have the initial burden of showing:

(a)

The sufficiency of the applicant's property interest; and

(b)

That the natural resources are "valuable," that is the petitioner can receive revenue and reasonably expects to operate at a profit if the natural resources are extracted; and

(c)

The need for the natural resources. This determination shall include the duration of the need.

(3)

The hearing shall begin with an introduction by the planning commission chairperson, or a person designated by the chairperson. The applicant shall then be given the opportunity to make the showings required in subsection (2), above. At the completion of the applicant's presentation, the township zoning administrator and/or township planner, any expert retained by the township or other interested person and all interested citizens may address and offer evidence or argument on these issues.

(4)

Following completion of the public hearing, the planning commission shall make findings and a recommendation on whether the applicant has made a sufficient showing on each of the determinations in subsection (2), above.

(5)

The planning commission shall forward its findings and recommendation to the township board which shall, taking into consideration the planning commission's recommendation, then make its own findings and conclusions on each of the determinations in subsection (2), above. The township board may conduct an additional public hearing at its discretion. If the township board does schedule an additional public hearing, notice shall proceed in conformance with section 150.293.

(6)

Appeal. With regard to all findings and conclusions made by the township board, an aggrieved applicant or other interested party may appeal to the circuit court.

(E)

Legislative procedure.

(1)

Standards for review. The following standards shall be applied for the purpose of determining whether the applicant has proven that "no very serious consequences" would result from the applicant's proposed extraction, by mining of natural resources, to the extent each is relevant:

(a)

The relationship of applicant's proposed extraction and associated activities with existing land uses; and

(b)

The impact of applicant's proposed extraction and associated activities on existing land uses in the vicinity of the property; and

(c)

The impact of applicant's proposed extraction and associated activities on property values in the vicinity of the property and along the proposed hauling route serving the property; and

(d)

The impact of applicant's proposed extraction and associated activities on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property; and

(e)

The impact of applicant's proposed extraction and associated activities on identifiable health, safety, and welfare interests in the township. For purposes of this provision, "health, safety, and welfare" shall have the meaning attributed to such terms by the courts, e.g., Berman v Parker, 348 U.S. 26 (1954); Village of Belle Terre v Boraas, 416 US 1 (1974), Kyser (majority opinion), Cady v City of Detroit, 289 Mich. 499 (1939), and Hess v Charter Township of West Bloomfield, 439 Mich. 550 (1992), including the manner in which such meaning has been expressed by the township legislative body in the master plan and zoning ordinance, read as a whole, including the crucial and material stability and quality of life achieved by establishing the fixed boundaries of the gravel zoning district [RP, Resource Production zoning district in Breitung Township's case] (e.g. dissenting opinion of Judge (later Justice) Davis in the Court of Appeals opinion in Kyser v Kasson Township, 278 Mich. App. 743, 773 [referenced with approval by the Michigan Supreme Court in Kyser, 486 Mich. 514, 519 (2010)]); and

(f)

The overall public interest in the extraction of the specific natural resources on the property; and

(g)

Any other standard from Silva.

(2)

Burden of proof. Considering that the boundaries of the RP, resource production zoning district are presumed reasonable, as dictated by Silva, at 162, and taking into consideration that zoning regulations seek to serve the interests of the community as a whole, Silva, at 158, the applicant shall have the burden of overcoming the presumption of validity of the boundaries of the RP, resource production zoning district, including the burden of proving that, if approved, the applicant's proposed extractive operation would result in "no very serious consequences," as such standard is defined above.

(3)

Review process—Planning commission.

(a)

The applicant shall submit an application to amend the RP, resource production zoning district to permit natural resource extraction on the applicant's property if the township board has found and concluded under subsection 150.295(D) that the applicant has shown all of the following in the administrative procedure provided for above:

1.

The sufficiency of applicant's property interest; and

2.

That the resources sought to be extracted are "valuable," that is the petitioner can receive revenue and reasonably expects to operate at a profit if the natural resources are extracted; and

3.

The need for the natural resources.

(b)

The application submitted by the applicant shall provide written documentation and evidence describing in detail and making the requisite demonstration with regard to each of the criteria on the issue of whether "no very serious consequence" shall result in relation to the property and haul route, and in the community, as set forth in MCL 125.3205(5) and as defined above. Prior to conducting a public hearing, the zoning administrator shall review the petition and documentation submitted in support of the application, and report any deficiencies to the applicant and the planning commission within a reasonable time. The public hearing on the application to amend the RP, resource production zoning district shall not be noticed until the applicant has cured the deficiencies, if any, found to exist in accordance with this procedure. Notice shall be given in accordance with section 150.293.

(c)

The planning commission shall conduct a public hearing on the application. The hearing shall begin with an introduction by the planning commission chairperson, or a person designated by the chairperson. The applicant shall then be given the opportunity to make the showings required in this subsection (E). At the completion of the applicant's presentation, the township zoning administrator and/or the township planner, any expert retained by the township or other interested person and all interested citizens may address these issues.

(d)

Following completion of the public hearing, the planning commission shall make findings and a recommendation on whether the applicant has made a sufficient showing on whether there would be "no very serious consequences" as a result of the proposed natural resources extraction operation, as defined in this section.

(e)

Following all of the hearing procedures and requirements specified above, the planning commission shall forward its findings and recommendation on whether to amend the boundaries of the RP, resource production zoning district to include the applicant's property in accordance with subsection 150.293(F).

(4)

Review process—Review by county planning and township board. The proceedings following the findings and recommendation of the planning commission shall be in accordance with section 150.293 of this chapter, subsections (F) through (I)., above. As part of the township board's action of adopting or rejecting the proposed amendment of the boundaries of the RP, resource production zoning districts (with or without changes as provided in subsection 150.293(G), if the board adopts the proposed amendment, the board may consider that "extraction of natural resources is frequently a temporary use of the land and that the land can often be restored for other uses, and appropriate assurances with adequate security can properly be demanded as a precondition to the commencement of extraction operations." Silva, at 160-161. Thus, the board may take into consideration its findings with regard to the matter of "need for the natural resources" and/or "public interest" with the view that, if reasonably feasible, a finite time period in which the applicant shall have a vested right to undertake the extractive operation shall be established, and following such time period, applicant shall be required to demonstrate a new "need for the natural resources" and/or "public interest" as a condition to being entitled to continue the use. If such a time period is included in the board's adoption of an amendment to the RP, resource production zoning district with regard to the property at issue, the property owner shall not be authorized to make any improvements on the property and commence any operation unless and until the owner of the property files an affidavit with the register of deeds attaching the adoption action of the board under this section, including any such time limitation. At the conclusion of the time limitation established for mining, if any, as such time may be extended consistent with this provision, the township may rezone the property to a new reasonable classification. In such event, after giving the property owner a right to a hearing before the township board, the board may order the stoppage of all mining activities and a reclamation of the property.

(Ord. § 1506, 11-9-2015)

(A)

Minor civil infractions. Any land use or structures that are in violation of the provisions of this chapter are hereby declared to be a public nuisance and may be enjoined or subject the violator to the penalties and remedies as outlined below.

(1)

Any person who violates the provisions of this chapter shall be deemed to be responsible for a civil infraction and shall be subject to a civil penalty of not more than $500.00 for each infraction. Each day that a violation continues to exist shall constitute a separate infraction. Such penalties shall not preclude any other civil action against the violator for injunctive or other relief.

(2)

The chapter may be enforced by the supervisor of the township, by the ordinance enforcement officer(s), and by the zoning administrator of the township, or by any other person(s) as the township board may, by resolution, from time to time, designate.

(B)

Remedies. The township board may also institute proceedings for injunction, mandamus, abatement or other appropriate remedies to prevent, enjoin, abate or remove any violations of this chapter. The rights and remedies provided herein are both civil and criminal in nature. The imposition of any fine, or jail sentence or both shall not exempt the violator from compliance with the provisions of this chapter.

(Ord. § 1304, 9-14-2009; Ord. § 1304, 11-9-2015)