All Zoning Ordinances previously adopted by the Township, and all amendments thereto, are hereby repealed. The repeal of prior Zoning Ordinances and their amendments does not affect or impair any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

A.

In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare.

B.

It is not intended by this Ordinance to repeal, abrogate, annul, or in any other way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Ordinance. Further, it is not intended by this Ordinance to repeal, abrogate, annul, or in any other way impair or interfere with any private restrictions placed upon property by covenant, deed, or other private agreement. However, where any provision of this Ordinance imposes more stringent requirements, regulations, restrictions, or limitations upon the erection or use of land and buildings, upon the height of buildings and structures, upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinance, or any said rules, regulations, permits, or easements, then the provisions of this Ordinance shall govern.

C.

Nothing in this Ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

A.

A violation of this Ordinance is a civil infraction, for which the fine shall be in accordance with the Township Municipal Civil Infractions Ordinance. In addition to said fines, the responsible party is subject to all other costs, damages, and expenses provided by law.

B.

Notwithstanding the provisions of this Section, offenses committed on subsequent days within a period of one week following the issuance of a citation for a first offense shall all be considered separate first offenses. Each day during which any violation continues shall be deemed a separate offense.

Any building or structure which is moved, erected, repaired, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this Ordinance, and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se. The nuisance may be abated by order of any court of competent jurisdiction.

A.

To ensure compliance with the Ordinance and any conditions imposed as part of approval of a site plan, special use, planned unit development, or variance the Planning Commission, Zoning Board of Appeals, and Township Board are empowered to require a performance guarantee in the form of a cashier's check, cash, irrevocable letter of credit or surety bond acceptable to the Township in an amount equal to the estimated cost of improvements. Such improvements may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

B.

Prior to the issuance of a Zoning Compliance Permit, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the Zoning Administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies; not to exceed a total amount equal to 125 percent of the project cost.

C.

The performance guarantee shall be deposited with the Township Clerk. If said improvements are not completed, the security shall be forfeited, either in whole or in part.

D.

The Zoning Administrator, upon the written request of the depositor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

E.

When all of the required improvements have been completed, the depositor shall send written notice to the Zoning Administrator of completion of said improvements. Thereupon, the Zoning Administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the depositor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

F.

A record of authorized performance guarantees shall be maintained by the Zoning Administrator.

A.

Fees for permits issued under this Ordinance shall be set by the Township Board from time to time by resolution. Additionally, the Township Board may require that applicants put sufficient funds in escrow to cover, and otherwise be responsible to pay, the costs incurred by the Township in processing the permit applications, including but not limited to costs the Township incurs by having its attorney, engineer, planner, or other professional review the applications.

B.

A Zoning Compliance Permit, issued by the Zoning Administrator, is required before any development, construction, improvement, or change in the use of land.

C.

An application for a Zoning Compliance Permit shall be signed by the owner of the land, or the owner's duly authorized agent and be accompanied by an approved, final site plan, where required under other provisions of this Ordinance, or a drawing, that provides the following information:

1.

Scale, date and north point.

2.

Location, shape and dimensions of the lot.

3.

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

4.

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

5.

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

6.

Additional information as required by the Zoning Administrator for purposes of determining compliance with this Ordinance.

D.

A Zoning Compliance Permit shall be signed and issued by the Zoning Administrator.

1.

The application and all supporting documentation shall be considered a part of the permit.

2.

Any alteration, false statement, change or other variation between the application and its supporting documents, and the use, construction, work, development, alteration, addition, or improvement authorized by the permit, shall render the permit null and void.

3.

Any change, variation or alteration of the application and supporting documents, shall require re-submission to the Zoning Administrator and the re-issuance of a new Zoning Compliance Permit.

E.

A Zoning Compliance Permit may be revoked or modified by the Zoning Administrator if any one of the following findings are made:

1.

That the Zoning Compliance Permit was obtained by misrepresentation or fraud;

2.

That one or more of the conditions of the Zoning Compliance Permit have not been met;

3.

That the permitted use is found to be in violation of any statute, ordinance, law, or regulation.

F.

All fees due under this Ordinance, or under other ordinances or policies of the Township for municipal services and development of the work, must be paid in full prior to the issuance of the Zoning Compliance Permit, unless exception is made by the Township to waive or delay the payment of the fees. The applicant shall furnish to the Zoning Administrator, upon request, a title insurance policy or other acceptable evidence of ownership.

G.

The Zoning Administrator is authorized to prepare and furnish to the public, from time to time forms for application for a Zoning Compliance Permit.

H.

The Zoning Administrator is authorized to affix to the face of any Zoning Compliance Permit any condition authorized by the Ordinance or under any discretionary permit issued under this Ordinance, or under other ordinances or promulgated policies of the Township, pertaining to the use, work or occupancy of the land and premises. Failure to comply in all respects with a Zoning Compliance Permit and all applicable provisions of this Ordinance shall constitute a violation of this Ordinance and shall subject the violator to penalties for a civil infraction for each day of violation; injunctive relief; or revocation of the Zoning Compliance Permit, in accordance with law.

I.

Boundary surveys.

1.

In all zoning districts, when a setback variance has been granted by the Zoning Board of Appeals, the Zoning Administrator may require a survey to verify the location of lot lines and structures.

2.

Where a survey is required under this Section, the surveyor shall certify the boundary survey, showing that all new construction and structures are set as originally proposed in the application for a Zoning Compliance Permit, and the owner shall deliver said certified survey to the Zoning Administrator within ten days after the footing or final location of the structure is set. Failure to comply with this Section shall render the Zoning Compliance Permit null and void.

A.

Amendments. The Township Board may, from time to time by ordinance, amend, supplement or change the boundaries of districts, designation of districts, or regulations herein established, in accordance with the State law.

B.

Notice. Upon receipt of an application for a rezoning, the Planning Commission shall call a public hearing for the purpose of receiving comments relative to the application. A notice shall be published in a newspaper which circulates in the Township, and sent by mail or personal delivery as required by the Zoning Act. The notice shall be given not less than 15 days before the date the application will be considered. The notice shall:

1.

Describe the nature of the request.

2.

Indicate the property which is the subject of the request (with a street address if possible).

3.

State when and where the application will be considered.

4.

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

C.

Information required. Any petition for amendment of this Ordinance should include a complete description of any property proposed for rezoning, and an explanation of reasons for the request. Where an amendment to the text of this Ordinance is requested, the applicant should include the proposed new language, and reasons to support the change.

D.

The following guidelines shall be used by the Planning Commission, and may be used by the Township Board in consideration of amendments to the Zoning Ordinance:

1.

Text amendment:

a.

The proposed text amendment would clarify the intent of the Ordinance.

b.

The proposed text amendment would correct an error in the Ordinance.

c.

The proposed text amendment would address changes to the State legislation, recent case law or opinions from the Attorney General of the State of Michigan.

d.

The proposed text amendment would promote compliance with changes in other County, State or Federal regulations.

e.

In the event the amendment will add a use to a zoning district, that use shall be fully consistent with the character of the range of uses provided for within the zoning district.

f.

The amendment shall not create incompatible land uses within a zoning district, or between adjacent zoning districts.

g.

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.

h.

As applicable, the proposed change shall be consistent with the Township's ability to provide adequate public facilities and services.

i.

The proposed change shall be consistent with the Township's desire to protect the public health, safety, and welfare of the community.

The rights and remedies provided herein are cumulative, and in addition to other remedies provided by law.

A.

The Township Board recognizes that there are certain instances where it would be in the best interest of the Township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions and limitations could be proposed by an applicant as part of an application for a rezoning. Therefore, it is the intent of this Section to provide a process by which an applicant seeking a change in zoning boundaries may propose a Zoning Agreement, with conditions and commitments attached thereto, as part of the application for the requested rezoning. These provisions shall be in accordance with the provisions of the Zoning Act.

B.

In addition to the requirements of Section 21.07 above, an applicant requesting a change in zoning district boundaries may propose a Zoning Agreement, as defined in this Section. The required application and process shall be the same for rezoning requests except as modified by the requirements of this Section.

C.

The following definitions shall apply to this Section:

Rezoning offer means conditions proposed by the applicant and approved by the Township Board processed as part of an approval under this Section. These conditions shall constitute requirements for and in connection with the development or use of the property approved with a Zoning Agreement.

Zoning agreement means a written agreement offered by the applicant and approved and executed by the applicant and the Township Board and recorded with the Allegan County Register of Deeds, incorporating the rezoning offer along with any requirements necessary to implement the rezoning offer. When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan that illustrates the implementation of the rezoning offer. This plan shall not replace the requirement for a site plan as outlined in Chapter 17 or other approvals that may be required by this Ordinance.

D.

Eligibility.

1.

An applicant for rezoning may submit a proposed rezoning offer and a proposed zoning agreement with an application for rezoning.

E.

Zoning agreement.

1.

The zoning agreement shall set forth the rezoning offer and shall include those terms necessary to implement the agreement. In addition, the zoning agreement shall include the following acknowledgments and understandings that:

a.

The zoning agreement and the rezoning offer were proposed voluntarily by the applicant, and that the Township relied upon the agreement and may not grant the rezoning without the rezoning offer and terms spelled out in the zoning agreement.

b.

The zoning agreement and its terms and conditions are authorized by all applicable State and Federal law and constitution, and that the zoning agreement is valid and was entered into on a voluntary basis, and represents a permissible exercise of authority by the Township.

c.

The property shall not be developed or used in manner that is not consistent with the zoning agreement.

d.

The approval and the zoning agreement shall be binding upon the property owner and the Township, and their respective heirs, successors, assigns, receivers or transferees.

2.

If a rezoning with a zoning agreement becomes void in accordance with the Zoning Act, the property shall automatically revert to the original zoning as it was prior to the approval of the zoning agreement, or, if necessary, the property shall be rezoned to its original zoning through the normal rezoning process.

3.

Each of the requirements and conditions in the zoning agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact or other condition created by the uses, activities or conditions represented in the approved rezoning, taking into consideration the changed zoning district classification and the specific use(s), activities, or conditions authorized

4.

Any uses proposed as part of a zoning agreement that would otherwise require approval of a special use permit or site plan shall still require that approval, notwithstanding the zoning agreement approval, prior to establishment of or commencement of the development or the use.

F.

Procedure for application, review and approval.

1.

An application for rezoning shall be the same as outlined in Section 21.07. In addition to the required materials listed, a zoning agreement in a recordable format acceptable to the Township attorney shall be submitted, along with any plans necessary to illustrate the rezoning offer.

2.

The application may be amended by the applicant during the process of consideration, provided that any amended or additional rezoning offers are entered voluntarily by the applicant.

3.

The zoning agreement shall be reviewed by the Township attorney prior to the required Planning Commission public hearing. The Township attorney shall confirm that the zoning agreement conforms to the requirements of this Section and the Zoning Act, and shall confirm that the zoning agreement is an a form acceptable for recording with the Allegan County Register of Deeds.

G.

Approval.

1.

If the rezoning and zoning agreement are approved by the Township Board, the zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the zoning Agreement. The Zoning Map shall specify the new district, plus a small letter "a" to indicate that the property is subject to a zoning agreement (e.g., "LR-a"). The Township Clerk shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the zoning agreements upon request.

2.

Upon rezoning, the use of the property in question shall conform to all of the requirements regulating use and development within the new zoning district; however, the more restrictive requirements of the zoning agreement shall apply, and the rezoning offer shall supersede all inconsistent regulations otherwise applicable under the Zoning Ordinance.

3.

The approved zoning agreement shall be recorded with the Allegan County Register of Deeds by the applicant with proof of recording provided to the Township.

H.

Continuation.

1.

Provided that all development or use of the property in question is in compliance with the zoning agreement, a use or development authorized under the zoning agreement may continue indefinitely, provided that all terms of the rezoning offer and the zoning agreement continue to be adhered to.

2.

Failure to comply with the zoning agreement at any time after approval may constitute a breach of the zoning agreement, and further use of the property may be subject to legal remedies available to the Township.

3.

If development of the property or the conditions of the zoning agreement are not satisfied within two years of the effective date of the final approval by the Township Board, except as provided for in Subsection I below, then the land shall automatically revert to its former zoning classification (or if necessary, the property shall be rezoned to its original zoning through the normal rezoning process).

I.

Amendment.

1.

During the initial two-year period, or during any extension granted by the Township Board as permitted above, the Township Board shall not add to or alter the rezoning offer in the zoning agreement.

2.

The zoning agreement may be amended after the expiration of the initial two-year period and any extensions, in the same manner as was prescribed for the original rezoning and zoning agreement.