Pursuant to the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3401 et seq.), this amendment or a summary of the amendment must be published in a newspaper of general circulation within 15 days following the adoption of this chapter amendment by the Township Board. The amendment shall take effect upon the expiration of seven days after publication.

(Zoning Ord. 2020, § 3.0, 1-5-2021)

(a)

The provisions of this chapter shall be administered by the Township Planning Commission and the Township Board in accordance with the Michigan Planning Enabling Act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.), and the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.33101), as amended through 2006.

(b)

The Township Board shall employ a zoning administrator to act as its officer to effect proper administration of this article. The individual selected, the terms of employment, and the rate of compensation shall be established by the Township Board. For the purposes of this chapter, the zoning administrator shall have the powers of a police officer.

(Zoning Ord. 2020, § 3.1, 1-5-2021)

The zoning administrator shall:

(1)

Receive and review all applications for land use permits and certificates of occupancy and approve or disapprove such applications based on compliance or non-compliance with the provisions of this chapter and issue certificates when there is compliance with this chapter.

(2)

Receive all applications for site plan review and special use permits which the planning commission is required to decide under this chapter; conduct field inspections and investigations; prepare maps, charts, and other pictorial materials when necessary or desirable; and otherwise process applications so as to assist the planning commission in formulating recommendations; notify the applicant, in writing, of any decision of the planning commission; and implement the decisions of the planning commission.

(3)

Receive all applications for appeals, variances or other matters which the zoning board of appeals is required to decide under this chapter; conduct field inspections and investigations; prepare maps, charts and other pictorial materials when necessary or desirable; and otherwise process applications so as to formulate recommendations; refer such applications with recommendations to the zoning board of appeals for determination.

(4)

Receive all applications for amendments to this chapter; conduct field inspections 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.

(5)

Maintain a map or maps showing the current zoning classifications of all land in the Township, which will conform to the true copy.

(6)

Maintain written records of all actions taken by the zoning administrator and meet with the planning commission upon request.

(7)

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

(Zoning Ord. 2020, § 3.2, 1-5-2021)

(a)

Permit required.

(1)

The following actions shall not commence until a land use permit has been issued by the Township Zoning Administrator:

a.

The excavation, alteration, or filling of land.

b.

The new use or change in use of land, except for the conduct of agricultural activity.

c.

The new use or change in use of an existing building or structure.

d.

Construction or expansion of a structure, including parking lots.

(2)

Except upon a written order of the Township Zoning Board of Appeals, no land use permit shall be issued for any building or structure where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this chapter.

(3)

No building permit shall be issued until the zoning administrator has determined that the building, structure, or use of land, if constructed or used as planned and proposed, will conform to the provisions of this chapter, as evidenced by issuance of a land use permit.

(b)

Application requirements. Application for a land use permit shall be submitted at least ten days prior to a contemplated new use or change of use of a building or land. Application for a land use permit shall be made in writing to the zoning administrator, signed by the person, firm, co-partnership, or corporation requesting the same or by the duly authorized agent of such person, firm, co-partnership or corporation. For those uses requiring a site plan, the zoning administrator shall not issue a land use permit until the provisions of article III of this chapter have been satisfied. For those uses not requiring a site plan, there shall be submitted to the zoning administrator with all applications for land use permits, two copies of a plot plan, drawn to scale showing:

(1)

The location, shape, area and dimensions for the lots or acreage.

(2)

The location of the proposed construction, alteration, or repair upon the lots or acreage affected, along with existing structures, wells, and disposal systems. All wells and sanitary septic systems must have Livingston County Health Department approval.

(3)

The dimensions, height, bulk of structures, and setback lines and a finished building grade drawing of existing and proposed structures.

(4)

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

(5)

The present use being made of any existing structure affected and any proposed change in the use thereof.

(6)

The approximate boundary of any water body or state regulated wetland as determined by the procedures of section 36-37. A state permit shall be required for activities in a regulated wetland or an inland lake or stream. A copy of any required state permits shall be submitted with the land use permit application.

(7)

Any other information deemed necessary by the zoning administrator to determine compliance with this chapter and to provide for its enforcement.

(c)

Evidence of ownership. All applicants for land use permits shall have available for the zoning administrator's inspection, evidence of ownership of all property affected by the permit and shall submit the same upon the request of the zoning administrator.

(d)

Contents and voiding of permit. Any land use permit issued by the zoning administrator shall state that the proposed use and any structure or building embraced in the use shall conform with the provisions of this chapter and shall further state any special limiting conditions of such use. Any land use permit granted under this section shall be null and void unless the development proposed shall have its first zoning inspection within one year from the date of the granting of the permit. The zoning administrator shall give notice by certified mail to the holder of a permit that is liable for voiding action before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated in said permit. The zoning administrator may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the Township.

(e)

Application fee. A fee in accordance with the duly adopted schedule of fees shall be paid to the zoning administrator at the time of filing the application for land use permit. The purpose of the fee is to cover any necessary administrative and inspection costs incurred in connection with the application.

(f)

Inspections.

(1)

The construction or usage covered by any land use permit shall be subject to the inspection by the zoning administrator to ensure compliance with the provisions of this chapter and the approved plot or site plan.

(2)

It shall be the duty of the holder of every permit to notify the zoning administrator when the construction or usage is ready for inspection. Failure to make proper notification of the time for inspection shall automatically cancel the permit, requiring issuance of a new permit before construction may proceed or occupancy may be permitted.

(3)

Inspections shall be made by the zoning administrator at the following intervals:

a.

At the time of staking out lot corners.

b.

When the building foundation forms are in place and/or poles are set.

c.

Upon completion of the work authorized by the permit.

(4)

Where applicable and when practical, inspections made by the zoning administrator may be made concurrently with inspections made by the building official.

(5)

A temporary land use permit compliance permit may be issued for a portion of a building, structure or site prior to occupancy of the entire building, structure or site, provided that such portion of the building, structure, or site is in conformity with the provisions of this chapter and the building code and provided, further, that no threat to public safety exists. The zoning administrator may require that a performance guarantee be provided in accordance with article IV of this chapter as a condition of obtaining a temporary permit. The date of expiration shall be indicated on the temporary permit; failure to obtain a final permit within the specified time shall constitute a violation of this chapter, subject to the penalties set forth in article IV of this chapter.

(g)

Availability of record. A record of land use permits shall be kept on file in the Township office by the zoning administrator.

(Zoning Ord. 2020, § 3.3, 1-5-2021)

It shall be unlawful to use or occupy or permit the use of any building or premise hereafter created, erected, changed, converted, or wholly or partly enlarged in its use or structure until a certificate of occupancy by the building official is issued in accordance with the provisions of the current building code in effect in the Township.

(Zoning Ord. 2020, § 3.4, 1-5-2021)

(a)

Application. Applications for special use permits authorized in this chapter shall be submitted to the zoning administrator on a special form supplied by the same for such purposes. Applications shall be accompanied by payment of a fee in accordance with the duly adopted schedule of fees, to cover costs of processing the application. Applications for special use permits shall be subject to the provisions of section 36-34. in addition to the provisions stated herein.

(b)

Procedures.

(1)

The zoning administrator shall review the proposed application to determine if all required information has been supplied, and forward completed applications and supporting data in accordance with the provisions of section 36-34(b) to the Township Planning Commission.

(2)

Upon receipt of an application for a special land use permit, the planning commission shall hold a public hearing in accordance with the notification procedures described in section 36-40.

(3)

Upon conclusion of the public hearing procedures, the Township Planning Commission may issue a special use permit. A copy of the Township Planning Commission's decision, with any conditions or reasons for rejection, shall be sent promptly to the zoning administrator and to the applicant.

(c)

Basis of determinations. The Township Planning Commission shall review the proposed special use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:

(1)

Compatibility with the master plan will be harmonious and in accordance with the general objectives or any specific objectives of the Hamburg Township master plan.

(2)

Compatibility with surrounding area will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will not change the essential character of the area, and will not be hazardous or disturbing to existing or future nearby uses. In determining whether a special land use will be compatible and not create a significant detrimental impact, as compared to the impacts of permitted uses, consideration shall be given to the degree of impact the special land use may have on adjacent property, as compared with the expected value to the community. The following types of impacts shall be considered:

a.

Use activities, processes, materials, equipment or conditions of operations;

b.

Vehicular circulation and parking area;

c.

Outdoor activity, storage and work areas;

d.

Hours of operation;

e.

Production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light;

f.

Impacts on adjacent property values; and

g.

The relative ease by which the impacts above will be mitigated.

(3)

Improvement to the immediate vicinity will be an improvement in relation to property in the immediate vicinity and to the Township as a whole.

(4)

Impact of traffic on the street system. The location and design of the proposed special land use shall minimize the negative impact on the street system in consideration of items such as vehicle trip generation (i.e., volumes), types of traffic, access location and design, circulation and parking design, street and bridge capacity, traffic operations at proposed access points, and traffic operations at nearby intersections and access points. The Township may require submittal of a traffic impact study to ensure compliance with this standard. Such a traffic study shall be in accordance with standard practices and procedures and prepared by a qualified traffic professional. The Township may require mitigation to maintain traffic operations at a level that is consistent with other types of permitted uses in the district. Route and operational restrictions (such as hours, cleaning of dust or debris) may be established for construction traffic to minimize negative impacts.

(5)

Impact on the overall environment. The proposed special land use shall not have an unacceptable significant adverse effect on the quality of the natural environment in comparison to the impacts associated with typical permitted uses. The planning commission may require a quantitative comparison of the impacts of typical permitted uses and the special land use to assist in making this determination (such as an overlay of conceptual development plans, on a natural features map, illustrating other site development options to demonstrate the impacts have been minimized to the extent practical). If the cumulative impact creates or contributes to a significant environmental problem, mitigation shall be provided to alleviate the impacts associated with the requested use.

(6)

Public services impact will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility, will not create excessive additional public costs and will not be detrimental to the economic welfare of the Township. Public facilities shall include, but not be limited to, streets, pedestrian or bicycle facilities, police and fire protection, drainage systems, water and sewage facilities, and schools.

(7)

Compliance with zoning ordinance standards will be consistent with the intent and purposes of this chapter and be designed, constructed, operated and maintained to meet the stated intent of the zoning district.

(d)

Conditions and safeguards. The planning commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the purposes of this chapter and the general spirit and purpose of the district in which the special land use is proposed will be observed. Special land use permits may be issued for specific time periods as determined by the planning commission.

(e)

Voiding of permit. Unless otherwise specified by the planning commission, any special land use permit granted under this section shall be null and void unless the development proposed shall have its first zoning inspection within one year from the date of the granting of the permit. The zoning administrator shall give notice by certified mail to the holder of a permit that is liable for voiding action before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated in said permit. The zoning administrator may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the Township.

(f)

Reapplication. No application for a special land use permit which has been denied wholly or in part shall be re-submitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission.

(g)

Appeals, jurisdiction of Township Board. In the event the planning commission denies an application for a special land use permit, the applicant shall have the right to appeal said decision to the Township Board. The appeal shall be exclusive and de novo.

(h)

Existing special land uses. An existing special land use shall be considered conforming, provided such use conforms to the site plan and conditions upon which it was approved. An existing special land use shall be considered a use of land which was approved under the provisions of this section; or was in existence at the time that the schedule of use regulations was amended to list the use as requiring a special land use permit. The landowner shall notify the zoning administrator of any change in an existing special land use and such change shall comply with the following requirements:

(1)

Major amendments. Any major amendment to an existing special land use shall require submittal of a new application for special land use and follow the review procedures contained in this article. Amendments to the site plan shall bring the site into compliance with all zoning ordinance requirements determined to be reasonable by the planning commission in proportion with the extent of the change at the site and in consideration with the physical constraints of the site. The zoning administrator shall determine whether the proposed amendment constitutes a minor or major amendment, based on the standards below. Changes or expansions in the use shall be considered cumulatively since the date the last special land use permit was issued. A change shall constitute a major amendment where any one of the following apply:

a.

Changes increase the buildings usable floor area by more than 25 percent;

b.

Parking lots are expanded by more than 25 percent;

c.

The occupancy, capacity or membership of the use is increased by more than 25 percent; or

d.

The use is expanded to occupy an additional 25 percent or more of land area.

(2)

Minor amendment. Minor amendment to an existing special land use does not require submittal of a new application for a special land use permit.

(3)

Change in use. Change to another special land use shall require submittal of a new application for special land use permit and follow the review procedures contained in this article.

(4)

Required site plan. Any changes, whether it is deemed minor and major, shall require submittal of a site plan in accordance with article III of this chapter.

(Zoning Ord. 2020, § 3.5, 1-5-2021)

(a)

Filing procedure/wetlands determination. Any person desiring a land use permit for any activity requiring a Township permit or land use review, such as constructing a building, filing a tentative preliminary plat, submitting a site plan, a planned unit development, condominium or site condominium, a special use permit or requesting a lot split shall apply to the zoning administrator for a preliminary wetland determination.

(b)

Preliminary wetland determination. If the zoning administrator or the planning commission determines, after reviewing available wetland maps, the USDA soil survey maps, and other related information, that the proposed activity may encroach into a state regulated wetland as defined, then a final wetland determination shall be conducted by the applicant prior to further processing of the land use permit application. If the zoning administrator or the planning commission determines that a site is buildable that there is no potential for the activity to impact a state regulated wetland, and finds all other applicable Township requirements satisfied, the zoning administrator can issue a land use permit without submittal of a final wetland determination.

(c)

Final wetland determination. If the zoning administrator or the planning commission determines the proposed activity may encroach into a state regulated wetland area, the applicant shall arrange to have a final wetland determination completed by an experienced wetland consultant before the land use permit can be processed. The study shall be prepared by an experienced consultant in the delineation and composition of wetlands. This does not preempt any responsibility of the applicant to also apply to the state for the required wetland permits.

(1)

Required information (final wetland determination). The applicant or his agent shall supply the following information for a final wetland determination. The wetland boundary shall be flagged on-site at an interval of not more than 25 feet to permit on-site inspection and verification by Township officials.

a.

The name, address and telephone number of the applicant.

b.

The name, address, telephone number, a resume and list of experience of the applicant's agent, firm or individual preparing the wetland determination.

c.

The owner of the property, if different from the applicant, and the applicant's interest in the property.

d.

A legal description of the property, including the total area, exclusive of public road right-of-way, accurate to the nearest hundredths of an acre.

e.

Written and graphic descriptions of the proposed activity.

f.

An accurate graphic description of the wetlands complete with all of the following. The zoning administrator or the planning commission may reduce the requirements for minor projects at his discretion.

1.

A written summary of how and when the wetland was delineated;

2.

Major plant species and animal breeding habitat that are present and an estimation of how the wetland functions or relates to its general environment;

3.

The presence of any hills or springs;

4.

An accurate measurement of the wetland area in acres and square feet, to the nearest hundredth of an acre; and

5.

Any proposed remedial or mitigating actions to be completed as part of the activity proposed in the land use request.

(2)

Submittal review process. Upon receipt of the final wetland determination, the zoning administrator or the planning commission shall review the proposed activity to determine if it encroaches into a regulated wetland. The zoning administrator or the planning commission may refer final wetland determinations to the environmental consultant for review and comment, as described in sections 36-38 through 36-40. If the proposed activity is determined to encroach into a state regulated wetland, the applicant shall be required to produce written evidence of compliance with applicable state and/or federal regulation, in the form of a permit or a letter of non-jurisdiction from the state. The applicant shall provide the zoning administrator with a copy of any application to the state for a wetland use permit, at the time that the application is filed with the state. The zoning administrator shall forward a copy of the state wetland use permit application for environmental review under the provisions of section 36-39.

(Zoning Ord. 2020, § 3.6, 1-5-2021)

The zoning administrator or the planning commission may request an environmental consultant review of any land use permit, site plan, subdivision, condominium or land division application to comment on environmental concerns related to the project and compliance with any Township, county, state and/or federal environmental regulations. If an environmental consultant is required, the applicant shall deposit a cash escrow, in the amount required by the fee schedule, with the Township prior to the start of the environmental review. The consultant shall make a recommendation to the Township Planning Commission on the project's compliance with applicable Township, county, state and/or federal environmental regulations, concerns with significant environmental impacts resulting from the proposal and suggested mitigation measures to minimize the impacts. If there is potential for the project to have a significant impact on the human and natural environment, the consultant may recommend to the planning commission that the applicant be required to conduct environmental assessments and/or produce documentation of compliance with any Township, county, state and/or federal environmental regulations. Such environmental assessments, studies and documentation shall be prepared by a qualified professional and be the responsibility of the applicant and be reviewed by the Township's environmental consultant. The purpose of this requirement is to ensure necessary analysis on the environmental impact is available to Township officials prior to any decision being made.

(Zoning Ord. 2020, § 3.7.1, 1-5-2021)

Any wetland determinations referred to the environmental consultant shall be reviewed for completeness, accuracy of the delineation, review of regulatory determination and, impacts to the wetland and natural resources of Hamburg Township. The applicant shall be required to submit a copy of any state wetland use permit applications to the Township, upon submittal to the state.

(1)

The environmental consultant may forward written recommendation to the state for any wetland use permit applications being considered by the state.

(2)

The environmental consultant may request the state hold a public hearing for any wetland use permit applications being considered by the state.

(3)

The environmental consultant may study and document the environmental value of noncontiguous wetlands under five acres not regulated by the state to determine its value for the preservation of the natural resources of Hamburg Township from pollution, impairment or destruction. The environmental consultant may notify the state of his findings in writing and make recommendations on the state's exercise of regulation over these wetland areas.

(Zoning Ord. 2020, § 3.7.2, 1-5-2021)

Where public notice is required by this chapter before a public hearing or discretionary decision, a notice shall be provided as follows:

(1)

Notice shall be published in a newspaper of general circulation in Hamburg Township.

(2)

Notice shall also be sent by mail or personal delivery to the owners of all property for which approval is being considered, to the owners of all real property within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four such units or spatial areas, 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. This notice shall be sent not less than 15 days prior to the date of the public hearing scheduled.

(3)

The notice shall contain:

a.

A description of the nature of the request to be heard.

b.

A description of the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.

c.

A statement of when and where the request will be considered.

d.

An indication of when and where written comments will be received concerning the request.

If the nature of the proposed amendment is to rezone an individual property or several adjacent properties, then notice shall be provided as described as above, with the exception that, if 11 or more adjacent properties are proposed for rezoning, then notice is not required for the owners of those properties or the owners or occupants of property within 300 feet, nor is it necessary for the notice to list the addresses of the individual properties.

(Zoning Ord. 2020, § 3.8, 1-5-2021)