The provisions of this ordinance shall be administered by the township planning commission and the township board in accordance with 2006 PA 110, as amended (MCL 125.3101, et seq.) and 2008 PA 33, as amended (MCL 125.3801 et seq.).

The township board shall appoint a zoning administrator to act as its officer to effect proper administration of this ordinance. The individual selected, the terms of employment and the rate of compensation shall be established by the township board. For the purpose of this ordinance, the zoning administrator shall have the powers of a police officer and shall be sworn in by the township clerk. The township board may appoint such assistants to the zoning administrator as may be necessary to aid the zoning administrator in the performance of his duties hereunder.

In the absence of the zoning administrator, the township board may designate a qualified zoning administrator from another governmental unit or a qualified individual, firm or agency to assume all the powers and duties of the zoning administrator on an interim basis until a new zoning administrator has been appointed.

The zoning administrator shall:

a.

Review all applications for building permits and/or use and occupancy permits and approve or disapprove such application based on compliance with the provisions of this ordinance and other codes and ordinances adopted by the township board and approve issuance of the permit if the use and the requirements of this ordinance and other laws are fulfilled; provided, however, that such application shall also be subject to the approval of the building inspector as hereinafter set forth.

b.

Receive all applications for special use permits; conduct field inspections, surveys and investigations, prepare maps, charts and other pictorial materials when necessary or desirable, and otherwise process applications so as to formulate recommendations; and notify the applicant, if requested, in writing of any decision of the planning commission.

c.

Receive all applications for appeals, variances, or other matters which the zoning board of appeals is required to decide under this ordinance; conduct field inspections, surveys and investigations, prepare maps, charts and other pictorial materials when necessary or desirable, and otherwise process applications to the zoning board of appeals for determination.

d.

Receive all applications for amendments to this ordinance, conduct field inspections, surveys and investigations, prepare maps, charts and other pictorial materials when necessary or desirable, and otherwise process applications so as to formulate recommendations; report to the planning commission all such applications together with recommendations.

e.

Be responsible for updating the township zoning map and keep it correct.

f.

Prepare and submit to the township board and planning commission a written record of all building permits issued during each month. The record shall state the owner's name, location of property, intended use and estimated cost of construction for each permit. The zoning administrator shall maintain and post monthly a list in the township hall of all building permits issued.

g.

Maintain written records of all actions taken by the zoning administrator.

h.

Be responsible for providing forms necessary for the various applications to the zoning administrator, planning commission, township board or zoning board of appeals as required by this ordinance and shall be responsible for what information is necessary on such forms for the effective administration of this ordinance, subject to the general policies of the township board, planning commission and zoning board of appeals.

(Ord. No. 7-2024, § 1, 11-14-2024)

The building inspector referred to in this ordinance is and shall be the building inspector appointed by the township board pursuant to the provisions of 1972 PA 230, as amended (MCL 125.1501 et seq.), known as the "Stille-DeRossett-Hale single state construction code act" and the building inspector shall have and perform duties as therein set forth.

A building permit is required for and shall be obtained from the building inspector prior to the construction, enlargement, alteration, conversion or moving of any building or structure or any part thereof, except under the following circumstances:

a.

The erection and placing of a portable structure necessary to an agricultural operation in an agricultural district so long as the placement of said building shall conform to the setback and height requirements of the district in which it is located.

b.

Placement of a portable structure not to exceed 150 square feet in area.

c.

Ordinary repairs of a building or structure which do not change the use, occupancy, area, structural strength, fire hazard, fire protection, exits, light and ventilation of a building or structure.

Application for a building permit and/or certificate of occupancy shall be made in writing upon a blank form furnished by the building inspector or zoning administrator, which application must first be approved by the zoning administrator and then by the building inspector. The application shall state the name and address of the owner of the building and the owner of the land upon which it is to be erected, enlarged, altered or moved. There shall be submitted with all applications for building permits and/or occupancy permits one copy of a site layout or plot plan showing:

a.

The address, shape, area and legal description.

b.

The location of the proposed construction, upon the lot, lots or acreage affected.

c.

The dimensions, height and bulk of structures.

d.

The nature of the proposed construction, alteration, or repair and the intended use.

e.

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other uses.

f.

The present use of any structure affected by the construction or alteration.

g.

The yard open area and parking space dimensions of parking spaces, if applicable.

h.

The number of loading and unloading spaces provided, if applicable.

i.

Any information deemed necessary by the building inspector to determine compliance with and provide for the enforcement of this ordinance.

j.

Certified permit from the county health department stating that the proposed on-site water and sewage system is in conformance with the county sanitary code.

k.

A special use permit issued by the township board, if required by the ordinance.

l.

All other licenses and permits required by law for the construction and enlargement, alteration, conversion or moving of the building or structure for which a building permit is being applied under this ordinance.

m.

A grading plan showing the existing and proposed flow direction of surface water runoff (drainage).

If the information shown on the site layout is in compliance with the above requirements and all other provisions of this ordinance, the building inspector shall issue a building permit upon payment of the required building permit fee.

(Ord. No. 7-2024, § 1, 11-14-2024)

No lot, building or structure for which a building, special use or other permit was or should have been obtained under this ordinance or other law, shall be occupied or used until a certificate of occupancy has been issued by the building inspector. The building inspector shall inspect the lot and building and structure which is the subject of an application for a building permit at the time of the staking out of the building foundation, at the completion of the work authorized by the permit and at such other times as are required by the Stille-DeRossett-Hale single state construction code act, 1972 PA 230 (MCL 125.1501 et seq.) and shall determine on such inspections whether or not the construction or alteration of the building or structure or the use or occupancy of the lot conforms to the information provided in the application for the building permit, the special use permit and the provisions of this ordinance and all other laws relating to the construction, alteration, conversion or moving of the building or structure. It shall be the duty of the holder of every building permit and every special use permit to notify the building inspector when the lot, building or structure is ready for inspection. Following each inspection, the building inspector shall notify the holder of each permit, or his agent, as to whether or not the construction is in compliance with the application and this zoning ordinance, including special use permit restrictions/requirements, at the time of inspection. Should the building inspector determine that the use, building or structure is not in compliance with the application or this ordinance, further construction or use of the lot, building or structure or any part thereof shall cease until such lot, building or structure has been brought into compliance and approved by the building inspector following notice of the request for reinspection and reinspection duly made by the building inspector. Should a permit holder fail to comply with the requirements of the building inspector or this ordinance at any inspection stage, the building inspector shall report in writing such failure to the township clerk and revoke all building, special use or occupancy permits issued. The building inspector shall cause notice of such permit cancellation to be securely and conspicuously posted upon or affixed to the construction not conforming to the ordinance requirements and such posting shall be considered as service upon and notice to the permit holder of the cancellation thereof; no further work upon said construction shall be undertaken or shall be permitted until the issuance of a new permit after reapplication therefore in accordance with the provisions of this ordinance. Failure of the permit holder to make proper notification of the time for inspecting shall automatically cancel the permits requiring the issuance of new permits before construction may proceed.

Following the final inspection of the lot, building or structure and the finding of the building inspector that said lot, building or structure or use thereof is in conformance with the applications and information on file and meets the requirements of this ordinance, the building inspector shall issue certificate of occupancy therefor.

(Ord. No. 7-2024, § 1, 11-14-2024)

Any permit granted under the provisions of this article shall be governed by 1972 PA 230 (MCL 125.1501 et seq.) ("the Stille-DeRossett-Hale single state construction code act ").

The township board shall establish a schedule of fees, charges and expenses and a collection procedure for building or occupancy or special use permits, appeals, variances or other matters pertaining to the ordinance. The schedule of fees shall be posted in the office of the building inspector, and may be altered or amended only by the township board. No permit, certificate, special use approval or variance shall be issued until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the board of appeals, until preliminary charges and fees have been paid in full.

(Ord. No. 7-2024, § 1, 11-14-2024)

Any building or structure, including tents and mobile homes, which are erected, constructed, reconstructed, altered, converted, maintained or changed in violation of any provisions of this ordinance is prohibited and hereby declared to be a nuisance per se.

A person who violates any provision of this ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00 or more than $500.00, plus costs and other sanctions for each infraction. Each day on which any violation of this ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. Repeat offenses shall be subject to increased fines as provided by Chapter 2, Article III of the Emmett Charter Township Code of Ordinances.

In addition to all other remedies provided herein, the township board in the event it determines a structure, including tents and mobile homes, which are erected, constructed, reconstructed, altered, converted, maintained or used, or any use of land or premises which is begun, maintained, changed, or abandoned in violation of any provisions of this ordinance, may, following the expiration of 30 days after notice of intent to proceed under this section is given to the owner of record of said land or premises at the last address shown on the records of said township, undertake to correct the violation and to assess the land or premises for the cost thereof, which said assessment shall become a lien upon said land and shall be collected in the same manner as township taxes in accordance with the law in such case made and provided.

(1)

To ensure compliance with this ordinance and any conditions imposed under this ordinance, the township may require that a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the township covering the estimated cost of improvements be deposited with the clerk of the township to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee until it is prepared to issue the permit. The township shall establish procedures by which a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements shall be made as work progresses.

(2)

This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited under the land division act, 1967 PA 288, MCL 560.101 to 560.293.