The township board shall designate and employ a zoning administrator to administer and enforce the provisions of this chapter.

(Ord. No. 50, § 3.1, 11-17-1992)

Cross reference— Administration, ch. 2.

The zoning administrator shall:

(1)

Receive all applications for site plan review and special use permits which the planning commission is required to decide under this chapter and implement the decisions of the planning commission.

(2)

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

(3)

Receive all applications for amendments to this chapter and report to the planning commission all such applications together with recommendations.

(4)

Maintain a map or maps showing the current zoning classifications of all land in the township, which will conform to the true copy to be maintained by the township clerk.

(5)

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

(6)

Be responsible for providing forms required by the 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.

(7)

Make periodic site inspections of the township to determine Ordinance compliance, answer complaints on zoning ordinance violations, and file monthly reports to the township board and planning commission.

(8)

Authorize amendments to site plans in accordance with section 32-239.

(Ord. No. 50, § 3.2, 11-17-1992; Ord. of 8-20-2014, § 1)

(a)

Application. Applications for special use permits authorized in this chapter shall be submitted to the zoning administrator on a form provided by the township. In addition to a complete application form, the applicant is required to submit a site plan prepared in accordance with article VI of this chapter, regarding site plan review.

(b)

Procedures.

(1)

The zoning administrator shall review the proposed application and site plan to determine if all required information has been supplied, and forward a copy of the completed application, public notice, site plan, and supporting documents to the township planning commission.

(2)

Upon receipt of the application for a special use permit, the planning commission shall hold a public hearing in accordance with the notification requirements of Act 110, Public Acts of 2006, as may be amended or superseded from time to time in the future. A notice of the public hearing shall be published in at least one newspaper of general circulation in the Township of Holly and sent by first class mail or personal delivery to the owners of property for which approval is being considered, to the applicant, to all persons to whom real property is assessed 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, regardless of whether the property or occupant is located in the township, disclosed from the assessment roll of the township. 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 dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, 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. The notice shall be given not less than 15 days before the date the application will be considered for approval. The notice shall describe the property in question and the nature of the special use permit request; state the time, date, and location of the public hearing; indicate when and where written comments relative to the application shall be directed prior to the hearing; the location where the application and documents may be viewed or copied prior to the public hearing; and shall include a listing of all existing street addresses within the property(ies) which is(are) subject to the special use request. Street addresses do not need to be created and listed if no such addresses currently exist within the property(ies). If there are no street addresses, another means of identification may be used. A list of those owners mailed notices shall be a part of the record of the planning commission.

(3)

Upon conclusion of the public hearing procedures, the township planning commission may issue a special use permit. Upon approval of a special use, the planning commission may consider the site plan. A written copy of the township planning commission's statement of findings and conclusions or copies of the approved minutes, which specifies the basis for the decision and any conditions imposed, 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)

Will be harmonious and in accordance with the general objectives or any specific objectives of the township master plan and will be compatible with the natural environment.

(2)

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 and will not change the essential character of the area.

(3)

Will not be hazardous or disturbing to existing or future nearby uses.

(4)

Will be compatible with adjacent uses of land and will promote the use of land in a socially and economically desirable manner.

(5)

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.

(6)

Will not create excessive additional public costs and will not significantly decrease property values of surrounding properties.

(7)

Will meet all the requirements and standards of this chapter and any other applicable laws, standards, ordinances, and/or regulations.

(d)

Conditions and safeguards. The planning commission may impose such additional conditions and safeguards deemed necessary for the public health, safety and welfare of the Township of Holly, for the protection of individual property rights, and for ensuring that the purposes of this chapter and the general spirit and purpose of the district in which the special use is proposed will be observed. Such conditions shall conform to the standards found in section 504 of Public Act No. 110 of 2006. (MCL 125.3504). Special use permits may be issued for specific time periods as determined by the planning commission.

(e)

Voiding and extensions of permit. Unless otherwise specified by the planning commission, any special use permit granted under this section shall be null and void unless the property owner shall have made application for a building permit 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. Such notice shall be mailed to the permit holder at the address indicated in the permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the planning commission. The planning commission may grant an extension thereof for good cause for a period not to exceed six months. 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 use permit which has been denied wholly or in part shall be resubmitted 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.

(Ord. No. 50, § 3.3, 11-17-1992; Ord. of 9-19-2006(1), § 1)

It shall be unlawful to use or permit the use or occupancy of any land, building, or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until the building official shall have issued a certificate of occupancy stating that the provisions of this chapter have been complied with. A certificate of occupancy shall constitute certification of zoning compliance, as well as compliance with all other applicable building codes.

(1)

Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, if, after inspection, it is found that building or structure is in conformity with the provisions of this chapter, and any other applicable statutes, laws, ordinances, and/or regulations.

(2)

Temporary certificates of occupancy may be issued for a period not to exceed 120 days for part of a building or structure prior to the occupancy of the entire building and prior to it being completed, provided that such portions of the building or structure are in conformity with the provisions of this chapter and other applicable ordinances. A temporary certificate of occupancy may be extended for 30 days beyond the initial 120-day term. However, a temporary certificate shall not extend more than five days after the building or structure is fully completed and ready for occupancy.

(3)

Buildings or uses accessory to dwellings shall not require a separate certificate but may be included in the certificate for the dwelling when shown correctly on the plot plan and when completed at the same time as such dwelling.

(4)

Applications for certificates shall be made in writing to the building official on forms furnished by the township and such certificates shall be issued within seven days after receipt, if it is found in compliance with subsection (1) of this section. If such certificate is refused for cause, the applicant shall be notified of such action and cause within the same seven-day period.

(Ord. No. 50, § 3.4, 11-17-1992)

(a)

Violations. Any person who violates any of the provisions of this chapter shall be responsible for a municipal civil infraction subject to the penalties set forth in section 16-110.

(b)

Nuisance per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of the provisions of this chapter is hereby declared to be a nuisance per se and may be abated by order of any court of competent jurisdiction.

(c)

Fines, imprisonment. The owner of any building, structure, or premises or part thereof, where any condition in violation of this chapter shall be created, shall be deemed responsible for a separate offense and shall be liable for the penalties provided in this chapter. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(d)

Rights and remedies. The rights and remedies provided in this section are cumulative and in addition to any other remedies provided by law.

(e)

General responsibility. The township board, the township ordinance enforcement officer and/or the zoning administrator, or other duly authorized person, is hereby charged with the duty of enforcing this chapter and such board is hereby empowered, in the name of the township to commence and pursue any and all necessary and appropriate actions and/or proceedings in the circuit court of county or any other court having jurisdiction, to restrain and/or prevent any noncompliance with or violation of any of the provisions of this chapter, and to correct, remedy and/or abate such noncompliance or violation, and the ordinance enforcement officer and zoning administrator shall be legally authorized to issue and serve municipal civil infraction notices of violation and municipal civil infraction citations.

(Ord. No. 50, § 3.5, 11-17-1992; Ord. of 8-17-1999)

In the interest of ensuring compliance with the provisions of this chapter, protecting the natural resources and the health, safety, and welfare of the residents of the township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the township planning commission, upon the recommendation of the zoning administrator, township planner and/or township engineer shall require the applicant to deposit a performance guarantee as set forth in this section. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter, including but not limited to, roadways, lighting, utilities, sidewalks, safety paths, drainage, fences, screens, walls, landscaping, and widening strips. The specific improvements for which a performance guarantee is required shall be identified prior to final site plan approval, based upon a recommendation of the zoning administrator, township planner and/or township engineer.

(1)

The term "performance guarantee" as used in this section shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the township. Prior to the issuance of a building permit, the applicant shall submit an estimate costs for improvements for which a performance guarantee is required. The costs estimate shall be reviewed by the township engineer and/or township planner.

(2)

Where the township planning commission requires a performance guarantee, the performance guarantee shall be deposited with the township treasurer prior to the issuance of a building permit by the township for the development and use of the land. Upon the deposit of the performance guarantee the township shall issue the appropriate building permit.

(3)

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

(4)

The zoning administrator, upon the written request of the obliger, 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 improvement.

(5)

Upon the satisfactory completion, as determined by the township, of the improvement for which the performance guarantee was required, the township shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the township is not required to deposit the performance guarantee in an interest bearing account.

(6)

If the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the township, the township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to allow the township to complete the improvements for which it was posted, the applicant shall be required to pay the township the amounts by which the costs of completing the improvements exceeds the amount of the performance guarantee deposited. Should the township use the performance guarantee or a portion thereof, to complete the required improvements, any amounts remaining after such completion shall be applied first to the township's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant. If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the township to ensure completion of an improvement associated with the proposed use prior to the township conditional approval, the applicant shall not be required to deposit with the township a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the township and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the township regarding the performance guarantee.

(Ord. No. 50, § 3.6, 11-17-1992; Ord. of 9-19-2000)

The township board shall, by resolution, determine and set the fees to be charged for all permits, certificates and copies thereof, fees for appeals to the zoning board of appeals, fees for application to the planning commission for special uses or site plan review, fees for rezoning applications, and fees for all other applications and services provided for in this chapter.

(Ord. No. 50, § 3.7, 11-17-1992)

A complete record and copy of each application for each certificate or permit, and each permit or certificate issued pursuant to the provisions of this chapter, shall be filed with the township clerk and be a part of the township records.

(Ord. No. 50, § 3.8, 11-17-1992)

There is established a zoning board of appeals, the membership, powers, duties of which are prescribed in Public Act No. 110 of 2006 The zoning board of appeals in addition to the general powers and duties conferred upon it, by Act No. 110, in specific cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this chapter in harmony with their purpose and intent as set forth in this chapter.

(Ord. No. 50, § 12.1, 11-17-1992; Ord. of 9-19-2006(2), § 1)

The zoning board of appeals shall consist of five members, appointed by the township board.

(1)

The first member of the zoning board of appeals shall be a member of the township planning commission.

(2)

The second member of the zoning board of appeals shall be a member of the township board.

(3)

Three additional members of the zoning board of appeals shall be selected from among the electors residing in the unincorporated area of the township.

(4)

An employee or contractor of the township board shall not serve as a member of the zoning board of appeals.

(5)

The terms of membership for zoning board of appeal members shall be three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of the planning commission or township board, respectively, and the period stated in the resolution appointing them. A successor shall be appointed not more than one month after the term of the preceding member has expired.

(6)

All vacancies for unexpired terms of the zoning board of appeals shall be filled by appointment of the township board for the remainder of such term.

(7)

Members of the zoning board of appeals shall be removable by the township board for nonperformance of duty or misconduct in office upon written charges and after public hearing.

(8)

A township board may appoint not more than two alternate members of the zoning board of appeals for the same term as regular members to the zoning board of appeals. An alternate member may be called by the chairman of the zoning board of appeals to serve as a regular member of the board in the absence of a regular member if the regular member is absent from or will be unable to attend one or more consecutive meetings of the board or is absent from or will be unable to attend meetings for a period of more than 30 consecutive days. An alternate member of the zoning board of appeals may also be called to serve as a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member appointed to the zoning board of appeals shall serve in the case until final decision is made. The alternate member of the zoning board of appeals has the same voting rights as a regular member of the board.

(Ord. No. 50, § 12.2, 11-17-1992; Ord. of 9-19-2006(2), § 1)

(a)

Decisions and deliberations. The zoning board of appeals shall state the grounds of any determination made by the board. All decisions of the zoning board of appeals shall be made at a meeting open to the public. All deliberations of the zoning board of appeals constituting a quorum of its member shall take place at a meeting open to the public except as provided in compliance with the open meetings act, Public Act No. 267 of 1976 (MCL 15.261 et seq.).

(b)

Quorum; one vote per member. A majority of the members of the zoning board of appeals shall constitute a quorum for purposes of transacting the business of the board and the open meetings act, Public Act No. 267 of 1976 (MCL 15.261 et seq.). Each member of the zoning board of appeals shall have one vote.

(c)

Regular meetings; notice; record of proceedings. Regular meetings of the zoning board of appeals shall be called as needed in response to receipt of a notice of appeal, so long as the meeting is scheduled within 20 days of the notice of appeal. The meeting can be called by the township clerk, the chairman of the zoning board of appeals, or, in his absence, the vice-chairman/secretary. The zoning board of appeals shall maintain a record of its proceedings which shall be filed in the office of the township clerk.

(d)

Bylaws. The business of the zoning board of appeals shall be conducted in accordance with its adopted bylaws.

(Ord. No. 50, § 12.3, 11-17-1992; Ord. of 9-19-2006(2), § 1)

(a)

General. The zoning board of appeals has the power to act on matters as provided in this chapter and Public Act No. 110 of 2006 . The zoning board of appeals shall not have the power to alter or change zoning district boundaries, land use classifications of any property, or text of this chapter. The specific powers of the zoning board of appeals are enumerated in this section and section 32-65.

(b)

Administrative review. The zoning board of appeals shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the zoning administrator or other duly authorized enforcing agent, in enforcing any provision of this chapter.

(c)

Interpretation.

(1)

The zoning board of appeals shall hear and decide requests for interpretation of this chapter or the zoning map taking into consideration the intent and purpose of this chapter and the township master plan.

(2)

A record shall be kept by the zoning board of appeals of all decisions for interpretation of this chapter or zoning map and land uses which are approved under the terms of this section. The zoning board of appeals shall request the planning commission and township board to review any ordinance amendment it deems necessary.

(d)

Variances.

(1)

The zoning board of appeals shall have the power to hear and decide specific appeals and authorize such variances from the provisions of this chapter which will not be contrary to the public interest. A variance may be granted by the zoning board of appeals where, due to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulty. A variance shall not be granted by the zoning board of appeals unless all of the following conditions are met:

a.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

b.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.

c.

The special conditions and circumstances referenced in subsection (d)(1)a of this section do not result from the actions of the applicant.

d.

The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

e.

The granting of the variance will be in harmony with the general purpose and intent of this chapter and master plan, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(2)

In granting any variance, the zoning board of appeals may prescribe appropriate conditions and safeguards pursuant to section 32-65(g).

(Ord. No. 50, § 12.4, 11-17-1992; Ord. of 9-19-2006(2), § 1)

(a)

Request for action. An applicant requesting any action by the zoning board of appeals shall commence such request by filing a notice of appeal, on the form supplied by the township, accompanied by such appeal fee as determined by the township board, the entire record and all plans, including the staff report and any supporting documents all of which shall be made a part of the record. All application materials shall be copied to the zoning board of appeals.

(b)

Time limit for appeal. Every appeal from a determination of the zoning administrator or other duly authorized enforcing agent shall be made by the applicant within 30 days of the date of the order issuance or refusal to issue permit, requirement, or refusal.

(c)

Notice of hearing. Upon receipt of the application seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, the zoning board of appeals shall hold a public hearing in accordance with the notification requirements of Act 110, Public Acts of 2006, as may be amended or superseded from time to time in the future. A notice of the public hearing shall be published in at least one newspaper of general circulation in the Township of Holly and sent by first class mail or personal delivery to the person requesting the interpretation or owner(s) of the property if different. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request shall be sent to by first class mail or personal delivery to all persons to whom real property is assessed 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, regardless of whether the property or occupant is located in the township, disclosed from the assessment roll of the township. 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 dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, 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. The notice shall be given not less than 15 days before the public hearing. The notice shall state the nature of the interpretation request or the appeal of an administrative decision; the time, date, and location of the public hearing; indicate when and where written comments relative to the application shall be directed prior to the hearing; the location where the application and documents may be viewed or copied prior to the hearing; and shall include a listing of all existing street addresses within the property(ies) which is(are) subject to the appeal. Street addresses do not need to be created and listed if no such addresses currently exist within the property(ies). If there are no street addresses, another means of identification may be used. A list of those owners mailed notices shall be a part of the record of the zoning board of appeals.

(d)

Presentation of evidence. Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of their appeal. The zoning board of appeals shall have the power to require the attendance of witness, administer oaths, compel testimony, an otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the zoning board of appeals.

(e)

Decision on appeal. The zoning board of appeals shall not decide an appeal until after a public hearing. The concurring vote of a majority of the members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of the building inspector or other duly authorized enforcing agent, or to decide in favor of the applicant any matter upon which they are required to pass under this chapter, or to effect any variance from the terms of this chapter. A member of the zoning board of appeals shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member of the zoning board of appeals to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office.

(f)

Reversal or modification of order or requirement. The zoning board of appeals may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

(g)

Conditions. The zoning board of appeals may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:

(1)

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this chapter, enforceable as such, and/or may be grounds for revocation or reversal of such decision.

(h)

Form of decision; notification of applicant. All decisions of the zoning board of appeals shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the zoning board of appeals. The applicant shall be advised of the decision after the public hearing unless the zoning board of appeals moves for a continuation of such hearing.

(i)

Validity of decision. Any decision of the zoning board of appeals favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.

(j)

Reconsideration. The zoning board of appeals may reconsider an earlier decision, if, in the opinion of the board, circumstances justify taking such action.

(k)

Duration of orders. No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period of longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the zoning board of appeals permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(l)

Appeal to circuit court. Any party aggrieved by a decision of the zoning board of appeals shall have the right to appeal to the circuit court for the county in which the property is located on questions of law and fact. Such appeal must be taken within 30 days after the date the zoning board of appeals certifies its decision in writing or approves the minutes of its decision. A request for reconsideration under subsection (j) of this section shall not toll the time for taking such appeal. If a request for reconsideration is granted, the time period for appeal shall commence from the date the zoning board of appeals certifies its decision or approves the minutes of the meeting where the appeal was reconsidered. In any event, only one request for reconsideration on each appeal shall be allowed. An appeal may be had from the decision of the circuit court to the court of appeals.

(Ord. No. 50, § 12.5, 11-17-1992; Ord. of 9-19-2006(2), § 1)

The Holly Township Planning Commission is designated as the planning commission specified in Section 301 of Public Act 110 of 2006, as amended, which enables and governs the activities and procedures under this division.

(Ord. of 2-17-2009(1), § 1)

The planning commission shall have such powers, duties, and responsibilities as are expressly provided for in this division, the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), and the Michigan Planning Enabling Act (Public Act 33 of 2008, as amended).

(Ord. of 2-17-2009(1), § 1)

The planning commission shall conduct business, organize meetings, and perform its duties as provided for in this division, the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), the Michigan Planning Enabling Act (Public Act 33 of 2008, as amended), and the adopted Township of Holly Planning Commission Bylaws.

(Ord. of 2-17-2009(1), § 1)

The planning commission shall discharge the following duties pursuant to this division:

(1)

Zoning ordinance. The planning commission shall perform the zoning duties of said commission as provided in Public Act 110 of 2006, as amended, and this division.

The planning commission shall be responsible for formulation of the zoning ordinance, review of amendments to the zoning ordinance, holding hearings on a proposed zoning ordinance or amendments thereto, and reporting its findings and recommendations concerning the zoning ordinance or amendments to the township board.

(2)

Site plan review. The planning commission shall be responsible for reviewing site plans and site plan amendments, and making determinations to approve, approve subject to conditions, or deny applications for site plan approval in accordance with chapter 32, article VI, section 32-235 (site plan review).

(3)

Special land use review. The planning commission shall be responsible for holding hearings, reviewing, and making determinations to approve, approve subject to conditions, or deny applications for special land uses (and amendments to special land uses) in accordance with article II, section 32-33 (special uses).

(4)

Site condominium plan review. The planning commission shall be responsible for reviewing site condominium plans and site condominium plan amendments, and making determinations to approve, approve subject to conditions, or deny applications for site condominium plan approval in accordance with article IV, section 32-133 (site condominium project regulations).

(5)

Planned unit development review. The planning commission shall be responsible for holding hearings and reviewing all applications for planned unit development approval in accordance with chapter 32, article VII, section 32-274 (planned unit development). The planning commission shall be responsible for making a recommendation to the township board to grant approval, approval with conditions, or denial of a proposed planned unit development and any amendments to a planned unit development.

Planned residential development review. The planning commission shall be responsible for holding hearings and reviewing all applications for planned residential development approval in accordance with chapter 32, article VIII, section 32-315 (planned residential development). The planning commission shall be responsible for making a recommendation to the township board to grant approval, approval with conditions, or denial of a proposed planned unit development and any amendments to a planned unit development.

(6)

Other duties and responsibilities.

a.

The planning commission shall submit an annual written report to the township board concerning its operations and the status of planning activities, including recommendations regarding actions by the legislative body related to planning and development.

b.

The planning commission shall take such action on petitions, staff proposals and township board requests for amendments to the master land use plan.

c.

The planning commission shall review subdivision and condominium proposals and recommend appropriate actions to the township board.

d.

The planning commission shall be responsible for review of any other matters relating to land development referred to the commission by the township board. The planning commission shall recommend appropriate regulations and action on such matters.

(Ord. of 2-17-2009(1), § 1)