A.

In general.

1.

The general procedures for processing of all requests for township action or review under the provisions of this Ordinance are described in this article.

2.

There are additional and more specific procedures and standards set forth in other parts of this Ordinance as follows:

A.

Forms. Any person requesting any action or review under the provisions of this Ordinance shall file an application on the forms provided by the township. The information required on each form shall be typed or legibly written on the form or on separate sheets attached to the form.

The general approval process for site plan review, special land use, planned development, and rezoning applications shall be as follows:

A.

Optional pre-filing conference. Applicants may request to meet with township staff, including any consultants designated by the township board, to preliminarily review applications prior to filing. Such pre-filing conferences are intended to assist the applicant and facilitate the future review and approval of the application. However, no suggestions, recommendations, or other comments made by township officials, staff, or consultants at such conferences shall constitute approval of any application.

B.

Processing and review.

1.

All applications shall be submitted to the planning department no later than 28 days before the scheduled meeting date. All applications accepted by the township shall be submitted to all appropriate staff and consultants for review and recommendation.

2.

The staff and consultants may advise and assist the applicant in meeting ordinance requirements but shall have no power to approve or disapprove any application or in any way restrict an applicant's right to seek formal approval thereof.

3.

Any application that requires township board approval after planning commission review and recommendation shall only be placed on the agenda for the first regular planning commission meeting of each month to provide sufficient time for further review prior to the township board meeting.

C.

Planning commission action. The planning commission shall review all applications at a public meeting. The planning commission shall consider all recommendations of the staff and consultants.

1.

Decisions. All applications that the planning commission has been charged with the authority to approve under the provisions of this Ordinance shall be approved, denied, or approved subject to conditions. The planning commission may table any such applications for further study or obtain additional information, but shall not unreasonably delay its final decision without the consent of the applicant. All decisions of the planning commission shall be in accordance with the purpose and intent of this Ordinance and all applicable standards and requirements set forth in this Ordinance.

2.

Recommendations. For those applications that the planning commission has been charged with the authority to review and make a recommendation to the township board, the planning commission may recommend approval, denial, or approval subject to conditions. The planning commission may table any such applications for further study or to obtain additional information, but shall not unreasonably delay its recommendation without the consent of the applicant. All recommendations shall be in accordance with the purpose and intent of this Ordinance and all applicable standards and requirements set forth in this Ordinance.

D.

Township board action. The township board shall review all applications at a public meeting. The board shall consider all recommendations of the staff, consultants and the planning commission. The board may approve, deny, or approve subject to conditions, all applications it reviews. The board may table any application for further study or to obtain additional information, but shall not unreasonably delay its final decision without the consent of the applicant. All decisions of the township board shall be in accordance with the purpose and intent of this Ordinance and all applicable standards and requirements set forth in this Ordinance.

(Ord. No. 196-18, § 1, 7-2-2018)

All applications shall be accompanied by a filing fee which shall be established by resolution of the township board, in accordance with Section 406 of Public Act 110 of 2006, as amended. This filing fee may include a deposit toward the costs of any consultants retained by the township for reviewing the application, such as consulting planning services, consulting engineering services, legal services, court reporter services, or similar services. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the ordinance shall suspend further review of the application and shall deny any new permits.

Any deposit toward the cost of any consultants shall be credited against the expense to the township of such consultants, which shall be fully charged to the applicant. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within 30 days of final action on the application.

A schedule of the current filing fees and deposit requirements shall be made available in the office of the township clerk and the building department.

The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in article 17.00.

There shall be no fee in the case of application filed in the public interest by a municipal department or township official.

This section shall present the basic provisions which shall apply to the following applications that require a public hearing:

Amendments (including rezonings);

Variances;

Special land uses;

Planned development.

A.

Public notice. The following public notice procedure shall apply for any public hearing:

1.

Notice contents. The notice shall contain the following information, where applicable:

a.

A description of the nature of the application and the purpose of the public hearing;

b.

A statement indicating the applicable sections of this Zoning Ordinance;

c.

A legal description and, when known, the address of the property;

d.

A statement of when and where the public hearing will be held;

e.

A statement of when and where written comments can be sent concerning the application.

2.

Newspaper publication and written notification. The general requirements for newspaper publication and written notification shall be as indicated in the following chart:

FOOTNOTES:

A.

The planning commission must hold at least one public hearing.

B.

The zoning board of appeal must hold a public hearing.

C.

Notices of public hearings must be published in a newspaper of general circulation within the township not less than 15 days prior to the date of the hearing.

D.

Notices must be mailed to owners and occupants of all properties and structures within 300 feet of the subject site, including those outside of the township (in adjacent cities, villages or townships) if applicable. Notices must be postmarked not less than 15 days prior to the date of the hearing.

E.

If ten or fewer adjacent properties are involved, notice must be sent by mail to the owners and occupants of all property and structures within 300 feet of the subject site, including those outside of the township if applicable. If 11 or more adjacent properties are involved, no additional notification is necessary and addresses may be omitted from the notice published in the newspaper. Notices must be postmarked not less than 15 days prior to the date of the hearing.

F.

Notification of a dimensional variance request must be sent by mail to the owners and occupants of all property and structures within 300 feet of the subject site, including outside of the township if applicable. Notification of an ordinance interpretation or decision appeal need not be sent by mail to surrounding property owners and occupants unless the interpretation or decision appeal involves a specific parcel, in which case notification must be sent by mail to the owners and occupants of all property within 300 feet of the subject site. Notices must be postmarked not less than 15 days prior to the date of the hearing.

G.

Notice must be mailed to each electric, gas and pipeline utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and each airport manager, that has registered its name and mailing address with the clerk to receive such notice. Notices must be postmarked not less than 15 days prior to the date of the hearing.

H.

A property owner may request by certified mail, addressed to the clerk, that the township board hold a public hearing to hear comments on a proposed ordinance provision (adoption of a new ordinance, ordinance amendment, rezoning or planned development). Newspaper publication and written notification requirements shall be made as set forth in this section for the corresponding type of proposed ordinance provision. It shall be the responsibility of the property owner requesting the public hearing to pay for the costs incurred by the township for notification of the public hearing.

The full name, address, telephone number, and signature of the applicant shall be provided on the application.

If the application involves real property in the township, the applicant must be the fee owner, or have identified legal interest in the property, or be an authorized agent of the fee owner. A change in ownership after the application is filed shall be disclosed prior to any public hearing or the final decision on the application.

A.

Required disclosure when applicant is not fee owner. If the applicant is not the fee owner, the application should indicate interest of the applicant in the property, and the name and telephone number of all fee owners. An affidavit of the fee owner shall be filed with the application stating that the applicant has authority from the owner to make the application.

B.

Required disclosure when applicant is a corporation or partnership. If the applicant or fee owner is a corporation, the names and addresses of the corporation officers and registered agent shall be provided, and if a partnership, the names and addresses of the partners shall be provided.

C.

Required disclosure when applicant or owner is a land trust. If the applicant or fee owner is a trust or a trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary must be provided.

The township shall keep accurate records of all decisions on all applications submitted pursuant to this Ordinance.