A.

Purpose and Intent. The Planned Unit Development (PUD) concept is intended to provide a greater degree of flexibility in the regulation of land development and the arrangement of uses. Through this option, more creative approaches to development can be utilized which take advantage of the special characteristics of the land than would otherwise be possible through the strict enforcement of the Ordinance. A PUD shall include the application, site plans, elevations and other accepted drawings, and a development agreement. The specific objectives of this Section are to:

• Require innovation in land use and variety in design, layout and type of structures constructed, while preserving the intent and integrity of the Township Master Plan.

• Preserve significant natural resources.

• Achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities.

• Require the preservation of useful open space.

• Permit flexibility in the placement, lot area and building type regulations, while assuring the application of sound site planning standards.

B.

General Requirements. These Planned Unit Development (PUD) regulations shall apply to all proposed PUD projects. Where there are conflicts between the PUD regulations and general zoning, subdivision, or other Township regulations or requirements, the PUD regulations shall apply for the project.

1.

A PUD project may be permitted in any zoning district subject to Township approval.

2.

A PUD project shall follow the same public hearing procedure as a special land use. The public hearing shall be held by the Planning Commission during the formal PUD application phase.

3.

All requirements of the underlying zoning district including but not limited to, setbacks, uses and density/area regulations shall be met by the proposed PUD unless specifically waived by the Planning Commission and Township Board. In waiving these requirements the Township will, at a minimum, consider the criteria outlined in this Ordinance.

4.

A minimum of fifteen (15) percent of the net developable area of the land shall be irrevocably dedicated as open space.

C.

PUD Process.

1.

Concept Review. Prior to the formal submission of a PUD application, the applicant shall submit an application/site plan for concept review to the Township Planning Department. The plan shall show the entire PUD concept in schematic form, indicating generalized land use areas and their relationship to each other, circulation patterns and generalized existing site characteristics.

a.

The Planning Commission shall review the plan with the applicant and offer comments and suggestions related to the proposed development scheme.

b.

No formal action will be taken by the Commission at this phase. The concept phase is only intended to help the applicant determine if the project has merit.

c.

Upon completion of the concept phase, the applicant may proceed with a formal submission of the PUD application.

2.

PUD General Design Application.

a.

Application. The owner of the property shall submit a Macomb Township PUD application to the Township Planning Department. The application/submittal package shall include all information necessary to satisfy the terms and conditions of the Zoning Ordinance.

b.

Development Agreement. An application for a PUD shall include a development agreement for review and consideration by the Planning Commission. The final development agreement must be approved by the Township Board. The development agreement shall include, at a minimum, the following:

(1)

The permitted uses of the property.

(2)

The permitted density and/or intensity of the proposed use.

(3)

Provisions for reservations or dedications of land for public purposes, if applicable.

(4)

Terms, conditions, restrictions and requirements upon which approval is based, including phasing requirements, architectural standards, landscape standards, requirements for on-site or off-site improvements and contributions to improvements for public facilities, if applicable.

(5)

A time frame for commencement and completion of improvements associated with the PUD, including both public infrastructure improvements and internal site improvements, along with the means of insuring that all public improvements are constructed and maintained.

(6)

A statement indicating that, except as otherwise provided by the agreement, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the land shall be the regulations in force at the time.

(7)

Any other development issues determined necessary by the Township.

c.

General Design Plan. The applicant shall provide a general site plan including:

(1)

Residential designs which include the general street layout and the number and type of dwelling units proposed for each phase.

(2)

Non-residential designs which include at least the general building footprint, street layout, square footage of each structure, and the location and number of parking spaces.

(3)

Environmental data as may be pertinent to the development.

(4)

A phasing plan, if applicable. Phasing shall be provided in such a manner to ensure compliance with the overall PUD.

(5)

A description of all landscaping, lighting and architectural themes and materials used for each building including architectural renderings.

(6)

A coordinated sign package, if applicable.

3.

Final Site Plan and Amendment Procedure. Upon approval of the PUD General Design Application, the applicant may submit for approval of each phase of the PUD under the standard applicable review procedures.

a.

A final site plan may be submitted for a portion or all of the PUD area with the General Design Plan or after PUD approval, in whole or by phase. If submitted with the General Design Plan, a separate application and plan shall be submitted for site plan and clearly labeled as "Final Site Plan."

b.

Each phase of the project shall be in compliance with the approved PUD. The PUD shall not be amended without a majority vote of approval by the full Township Board (four (4) votes), after review and recommendation by the Planning Commission. All amendments to the site plan and/or development agreement shall follow the same review procedures as outlined for the initial PUD approval.

c.

Adopted standards of the PUD property shall not be permitted to appeal specific standards of the Zoning Ordinance to the ZBA unless otherwise stated in the development agreement.

D.

Criteria and Decision.

1.

Criteria For Approval. Upon receipt of a formal application for a PUD, the Planning Commission shall review the application to determine if:

a.

The proposal meets the eight (8) standards for special land use.

b.

A suitable development agreement (as determined by the Township Attorney) has been provided.

c.

The Planning Commission shall determine that the PUD provides benefits that outweigh a conventional development.

d.

The following more specific list shall also be considered by the Planning Commission. This list shall not be deemed all inclusive and should act as a guideline for applicants proposing a PUD.

(1)

Residential Design.

(a)

A significant amount of passive and/or active open space has been provided throughout the site. Additional consideration will be given towards the provision of open space along major roads abutting the development.

(b)

A substantial number of dwelling units within the development abut dedicated open space.

(c)

Trailways have been located throughout the open space and link the internal sidewalk/walking path system of the housing development with the open space areas.

(d)

The development provides open space in a manner which encourages the future linkage of open space to adjacent parcels.

(e)

Dwelling units have side, rear, or alley entry garages, or other configurations not opening directly to the street.

(f)

The applicant has provided an architectural theme which promotes varied architectural designs and floor plans. Architectural features such as cupolas, dormers and gables are encouraged along with the design of porches and the use of brick and stone building materials.

(2)

Commercial/Industrial Design.

(a)

A compatible architectural theme has been provided that provides architectural treatments and maintains durable materials.

(b)

Significant landscaping/open space areas have been provided that enhance/preserve the natural environment of the area.

(c)

Appropriate buffering has been provided that complements/protects/surrounding residential neighborhoods.

(d)

The buildings have been designed at such a scale that the overall character of the area has not been compromised.

(e)

Shared driveways, parking areas and connectivity between uses has been taken into account.

(f)

Parking has been provided for in the side or rear yard of the site and does not act as a focal point for development.

(g)

Pedestrian accessibility has been planned for and is an integral part of the overall design.

2.

Decision and Approval PUD General Design.

a.

The Planning Commission shall recommend to the Township Board approval or denial of the PUD.

b.

The Township Board shall consider the recommendations of Township Staff and the Planning Commission. If no comments are offered to the Commission within two (2) weeks of distribution, the plans shall be placed on the next available Board Meeting Agenda. If comments are received, the comments will be returned to the Commission to be discussed and/or amended by the applicant and the Commission. The Board shall then make a decision to approve or deny the PUD.

(Ord. No. 10-57, § 1, 5-13-15; Ord. No. 10-60, § 1, 4-13-16)

A.

Purpose and Intent. The township board may, from time to time, on recommendation from the planning commission, on its own motion, or on petition, amend, supplement, modify, or change this ordinance in accordance with the authority of Act No. 110 of the Public Acts of Michigan of 2006, as amended, in accordance with the following procedural outline:

1.

A petition for amendment to this ordinance by an owner, or other person having a sufficient legal or countable interest, may be presented to the township board. Such petition shall be accompanied with a fee in an amount established by resolution by the township board and shall be used to defray the expense of publishing required notices and related expenditures. Should no public hearing be held thereon, the fee shall be refunded to the petitioner.

2.

All amendment proposals not originating with the planning commission shall be referred by the township board to the planning commission for a recommendation before any action is taken by the township board.

3.

The planning commission shall study the proposed ordinance amendment and make written recommendation addressing all legal and statutory requirements to the township board for approval, conditional approval, or disapproval. In the course of such study, the planning commission shall hold a public hearing on the proposed amendment as required by the provisions of Public Act 110 of the Public Acts of Michigan of 2006, as amended.

4.

An owner of land may voluntarily offer in writing and the township board may approve, certain use and development of land as a condition to the approval of a rezoning consistent with the provisions of Section 405 of Public Act No. 110 of 2006 (M.C.L. 125.3405) and in accordance with the following:

a.

Procedure. Except as otherwise provided herein, the application, review, and approval of a conditional rezoning request shall follow the same procedures as established by the township board and as provided by Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.) for all rezoning requests without an offer of conditions.

A written offer of conditions may be submitted either at the time an application for rezoning is filed or at a later time during the rezoning process. An applicant may voluntarily amend or withdraw all or part of the offer of conditions at any time during the rezoning process, provided that if such amendment or withdrawal occurs subsequent to the planning commission's public hearing on the original request, the rezoning application shall be referred back to the planning commission for a new public hearing and recommendation.

Notice of the public hearing shall be given as required by state law. An offer of more restrictive conditions may not require a new public hearing.

b.

Conditions. An offer of conditions submitted as part of a conditional rezoning request shall bear a reasonable and rational relationship to the property for which rezoning is requested.

c.

Approval. Upon approval of a conditional rezoning request, the applicant shall submit a formal written statement of conditions as approved by the board which shall be incorporated by attachment as an inseparable part of the ordinance adopted by the township board. The statement of conditions shall:

1.

Be in a form recordable with the Macomb County Register of Deeds and include a statement acknowledging that it is recorded.

2.

Contain a legal description of the land to which it pertains.

3.

Acknowledge that upon the rezoning taking effect, the use and development of the land shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by the statement of conditions.

4.

Contain a provision acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land. Any person who establishes a development or commences a use upon such land shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions.

5.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

6.

Specify that failure to comply with any of the conditions set forth in the statement of conditions shall constitute a violation of this zoning ordinance and shall be punishable accordingly.

7.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the document.

B.

Recording. The approved statement of conditions shall be filed by the township clerk with the Macomb County Register of Deeds. The township board shall have the ability to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land. An approved conditional rezoning shall be designated on the zoning map in a manner that identifies that the property is subject to a statement of conditions.

C.

Effect. The following shall apply to approved conditional rezoning requests:

1.

Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of land pursuant to building and other required permits must be commenced upon the land within eighteen (18) months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the township board if (1) it is demonstrated to the township board's reasonable satisfaction that there is a strong likelihood that the development and or use of will commence within the period of extension and proceed diligently thereafter to completion and (2) the township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

2.

If approved development and/or use of the rezoned land does not occur within the time frame specified under section 10.2401.C.1., then the land shall revert to its former zoning classification as set forth in Section 405(2) of Public Act No. 110 of 2006 (M.C.L. 125.3405) subrelates any action taken as provided in subparagraph A. The reversion process shall be initiated by the township board requesting that the planning commission proceed with consideration of the rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other zoning requests.

3.

When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to section 10.2401.C.2. or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Township clerk shall record with the Macomb County Register of Deeds a notice that the statement of conditions is no longer in effect.

4.

During the time period for commencement of an approved development or use specified pursuant to section 10.2401.C.1. or during any extension thereof granted by the township board, the township shall not add to or alter the conditions in the statement of conditions.

5.

The statement of conditions may be amended thereafter in the same procedure as set forth for the original conditional rezoning approval.

6.

Nothing in the statement of conditions nor in the provisions of this Section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.).

(Ord. No. 10-67, § 1, 7-2-20)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2401 as § 10.2402.

A.

Intent. These Special Land Use Permit Review Procedures are instituted to provide an opportunity to use a parcel of land for an activity which, under usual circumstances, would be detrimental to other permitted land uses and, thus, which could not be permitted within the same district, but which use can be permitted under certain circumstances unique to the proposed location. Such use would be subject to conditions and provide protection to adjacent land uses. These procedures are adopted to provide guidelines for the Township Planning Commission to follow in formulating any decision over which the Commission has jurisdiction.

B.

Procedures.

1.

An application for the approval of a Special Land Use permit shall be made to the Township Planning Department accompanied by the necessary fees and documents as provided herein.

2.

The application shall be accompanied by a site plan containing all information required for site plan review and approval as set forth in Section 10.2402 of this ordinance.

3.

The application shall be referred to the Township Planning Commission for its review and action in accordance with the provisions of this Section and Section 10.2402.

4.

Upon receipt of an application for a Special Land Use Permit, the Commission shall hold a public hearing, at which time the application will be considered.

a.

Notice of the public hearing shall be published in a newspaper of general circulation in the township.

b.

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

c.

Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the township.

d.

If the name of the occupant is not known, the term, "occupant" may be used in making notification under this subsection.

e.

The notice shall be given not less than fifteen (15) days before the date the application will be considered for approval and shall do all of the following:

1.

Describe the nature of the request;

2.

Indicate the property that is the subject of the request;

3.

Include a listing of all existing street addresses within the property; street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

4.

State when and where the request will be considered.

5.

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

f.

The notice shall indicate that a public hearing on the special land use request may be requested by any property owner or the occupant of any structure located within three hundred (300) feet of the property being considered for a special land use regardless of whether the property or occupant is located within the township.

[g.]

A decision on the Special Land Use shall not be made unless notification of the public hearing on the Special Land Use request has been made in accordance with this Section.

5.

At the meeting or public hearing on the Special Land Use application, the Commission shall review such application in light of any specific standards set forth in the Ordinance.

a.

In addition to such specific standards, the Commission shall not approve an application for a Special Land Use permit unless it has been established, definitively, that:

1.

The proposed Special Land Use shall be of such location, size and character that it will be harmonious with the appropriate and orderly development of the surrounding neighborhood and/or vicinity, and shall be in compliance with the applicable regulations of the zoning district in which it is to be located.

2.

The proposed use shall be of such a nature that vehicular and pedestrian traffic shall not be more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow; proximity and relationship to intersections, adequacy of sight distances; location and access of off-street parking; and provisions for pedestrian traffic, with particular attention paid to minimizing child-vehicle interfacing.

3.

The proposed use shall be designed, with respect to the location, size, intensity, site layout and periods of operation of any such proposed use, to eliminate any possible nuisance emanating therefrom which might be noxious whether by reason of dust, noise, fumes, vibration, smoke or lights to others.

4.

The proposed use shall be such that the proposed location and height of buildings or structures, and the location, nature and height of walls, fences and landscaping, will not interfere with or discourage the appropriate development and use of adjacent land and buildings, or unreasonably affect the value of the land and/or buildings.

5.

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses with regard to prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the Township.

6.

The proposed use is necessary for the public convenience at the proposed location.

7.

The proposed use is so designed, located and planned, and shall be operated in such a manner that the public health, safety and welfare will be protected.

8.

The proposed use shall not be detrimental or injurious to the neighborhood within which it is to be located, nor shall such use operate as a deterrent to future land uses permitted within said zoning district, and such use shall be in harmony with the general purpose and intent of the Zoning Ordinance.

b.

The Commission except for housing for older persons as defined in this Ordinance, which shall be decided upon by the Township Board following a recommendation from the Planning Commission, may deny, approve or approve with conditions, a request for special land use permit. The decision on a special land use request shall be incorporated in a statement containing the conclusions relative to the special land use under consideration specifying the basis for the decision and listing any conditions imposed.

c.

Reasonable conditions may be imposed pursuant to the issuance of a Special Land Use permit and may include conditions necessary to accomplish the following: (i) to ensure that the public services and/or facilities that will be affected by a proposed land use or activity will be capable of accommodating the increased service and/or facility loads caused by the land use or activity; (ii) to protect the natural environment and conserve natural resources and energy; (iii) to ensure compatibility with adjacent uses of land; and (iv) to promote the use of land in a socially and economically desirable manner. Conditions imposed shall:

1.

Be designed to protect: (a) natural resources; (b) the health, safety and welfare and the social and economic well being of those who will use the land use or activity under consideration; (c) residents and landowners immediately adjacent to the proposed land use or activity; and (d) the Township as a whole.

2.

Relate to the valid exercise of the Townships police power.

3.

Be necessary according to the stated intent and purpose of this Ordinance.

4.

Relate to the standards established in this Ordinance for the land use activity under consideration, and ensure compliance with those standards required.

d.

The approval of a Special Land Use Permit, together with any and all conditions imposed, shall be recorded in the minutes of the Planning Commission, and a notice of the Special Land Use Permit shall be recorded with the County Register of Deeds. A Special Land Use Permit shall remain unchanged except upon the mutual consent of the Commission and the land owner. The Township shall maintain a record of conditions which have been changed.

(Ord. No. 10-37, § 1, 7-11-07; Ord. No. 10-39, § 1, 6-24-09; Ord. No. 10-60, § 1, 4-13-16)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2402 as § 10.2403.

A.

Intent. Site plan review is required: (i) To provide the Township Planning Commission with the opportunity to review the proposed use of a site in relation to surrounding uses, accessibility, pedestrian and vehicular circulation, spatial relationships, off-street parking, public utilities, general drainage, environmental characteristics, location of trash areas, site vegetation, screening and buffering, developmental characteristics and other site elements which may have an effect upon public health, safety and general welfare, and (ii) To allow the Township Planning Commission to evaluate compliance with the Township Zoning Ordinance, other Township Ordinances and planning documents.

B.

Planning Standards. In reviewing all applications for site plan approval, the Planning Commission shall consider the plan in relation to the following standards:

1.

Vehicular Access and Circulation.

a.

Access. The location and design of driveways providing vehicular access to the site shall be arranged to promote the safety and convenience of vehicles and pedestrians and to provide access in a manner that promotes proper internal circulation, taking into consideration such issues as proper driveway alignment, driveway spacing and internal connectivity between sites. The planning commission shall require public streets adjacent or through a proposed development when it is necessary for the public health, safety and welfare, and/or provide continuity to the public road system. In those instances where the Planning Commission determines that there are an excessive number of curb-cuts in relation to abutting public roads, thereby diminishing the capacity of the road or creating excessive points of conflict, a reduction in the number of driveways shall be required.

b.

Circulation. On-site circulation shall be clearly indicated on the plan. Access lanes, maneuvering lanes, parking stalls, stacking lanes, loading/unloading bays and doors, shall be designed in a manner that promotes the general safety, convenience, and interaction of both vehicles and pedestrians. The relationship to and the impacts upon adjacent properties shall also be considered.

2.

Relationship to Surrounding Property. All site development features shall be arranged to minimize the potential for negatively impacting surrounding property. In making this determination, the Planning Commission shall review the plan for negative conditions, such as, but not limited to:

a.

Channeling excessive traffic onto local residential streets.

b.

The lack of adequate screening of parking, maneuvering, or service areas.

c.

Excessive visual pollution caused from lighting and debris.

d.

The building structure and use shall be generally consistent in size, scale, and intensity with the adjacent uses.

e.

The impediments to the access of emergency vehicles.

3.

Relationship to Natural Features. All buildings, driveways, parking lots, and site improvements shall be designed to be compatible with all natural features on-site. The site buildings and improvements shall not encroach into the physical characteristics of the site, such as wetlands, floodplains and natural drainage ways, and shall minimize the impact on environmental features, including, but not limited to, woodlands, slopes and sensitive soils. The proposed development shall not needlessly have an adverse impact on the natural environment of the site or the surrounding area. In no way shall natural drainage ways or other natural water retention bodies be altered in a manner that reduces or significantly alters the current drainage location, patterns or volumes.

4.

Infrastructure. The Planning Commission shall consider the Township Engineer's evaluation of the adequacy public or private utilities proposed to serve the site, including water, sanitary sewers and storm water retention.

C.

Review Qualification.

1.

A site plan shall be submitted for review and approval by the Planning Commission whenever one (1) or more of the following conditions apply:

a.

Whenever a building permit is required for the erection or structural alteration of a building (other than single-family homes, one (1) two-family structure, farm buildings or accessory structures to these residential uses).

b.

For the construction, use or establishment of a new or additional parking or storage area.

c.

For all special land uses,

d.

For any substantial change in use or class of use when referred by the Building Official.

e.

The erection of, or addition to, any major utility service facilities, including towers, substations, pump stations and similar facilities.

2.

Technical Changes.

a.

The Township Planner may submit a technical change of a site plan, subdivision plat or site condominium plan to the Technical Committee for review and action. A technical change is a minor revision to an approved plan that does not change the character, nature, intent or use of the original plan. A technical change may also pertain to the zoning ordinance, land division regulations, and other ordinances for land development, including, but are not necessarily limited to: landscaping improvements, parking lot design, minor dimensional revisions, temporary changes to sales trailers and models and associated parking, and the addition of outdoor equipment and storage.

b.

The Technical Committee shall be comprised of the Township Planner, Building Official, Township Engineer, and any other departments or consultants at the discretion of the Township Planner as it relates to the minor revisions being reviewed. The Technical Committee may waive, upon unanimous consent, the site plan/subdivision plat/condominium plan submission requirement when the proposed minor revision is based on the standard in Section 10-2403.C.2.a above. All technical change revisions shall comply with the applicable standards of the Zoning Ordinance.

c.

The Technical Committee may approve or deny any technical change. If denied, the applicant shall be notified of the reasons for such denial and directed to proceed with a full site plan/subdivision plat/condominium plan submission or other applicable zoning process. If approved, the plans shall be forwarded for engineering review, if applicable, or directly to the Building Department for building permit processing.

D.

Submission Requirements. A required site plan shall include the entire site under the control or ownership of the applicant with all areas proposed for improvement and all unplanned areas also included. All site plans submitted for consideration shall include the following information:

1.

General Site Data.

a.

The site plan shall be prepared by and carry the seal and signature of the registered architect, landscape architect, community planner, land surveyor or professional engineer who prepared it, and shall consist of one (1) or more sheets necessary to adequately provide the required data.

b.

The dimensions of all improvements and yards shall be labeled in a manner that clearly indicates the plan's compliance with the applicable Zoning Ordinance standards and requirements.

c.

North point and scale should customarily be provided at one (1) inch = twenty (20) feet or one (1) [inch] = thirty (30) feet. For large-scale development, one (1) inch = fifty (50) feet may be acceptable, provided all important typical areas and ordinance requirements are thoroughly detailed in clearly recognizable form and presented at the customary scale.

d.

Complete legal description.

e.

Size of the site expressed in acres.

f.

Location map (four (4) inches = one (1) mile) showing major roads, nearby cross-streets and property lines, where necessary.

g.

Zoning of site and all surrounding property.

h.

Proposed address, if available.

i.

Location of existing structures and improvements. (Indicate any structure or improvement proposed for removal.)

j.

Location of proposed structures and improvements.

k.

Yards/setbacks and dimensions between buildings and other site improvements.

l.

Existing improvements (buildings, parking, driveways, sidewalks, signs, fences, walks, etc.) within two hundred (200) feet of all property lines.

m.

Topography at one-foot contours and grid shots at fifty-foot intervals (existing and proposed).

n.

Benchmarks.

o.

Drawings dated and issued for site plan review.

2.

Building Plans.

a.

All architectural building elevations (front, sides and rear).

b.

Type of surface material and design of all exterior surfaces.

c.

Dimensioned floor plans (principal and accessory buildings).

d.

Decks and/or patios (dimensions, location, height and materials).

4.

Environmental Features.

a.

Complete landscaping plan, including ground cover, bedding materials (e.g. mulch) and the location, number, names (common and botanical) and starting size of all proposed plantings prepared and sealed by a landscape architect registered in the State of Michigan.

b.

Indications of trees and shrubs shall only be used on the site plan where trees and shrubs exist, or where such vegetation will be planted prior to occupancy. All such trees and shrubs shall be labeled as to size, type and whether existing or proposed.

c.

Whenever a tree or group of trees of three-inch caliper or greater is to be removed as part of the planned improvements, the location shall be shown on the site plan in dotted outline and noted "to be removed."

d.

The location and types of all natural materials proposed to be included in the landscape treatment of the yard areas.

e.

Greenbelts, walls and/or berm details. (Provide at least one (1) cross-section for each type used.)

f.

Site irrigation (sprinklers). Indicate all areas to be irrigated

g.

Treatment of all undeveloped areas (such as seeded, sodded, plantings, maintenance or other).

h.

Trash receptacles and method of screening.

i.

Site lighting details (location, height, type, intensity and shielding).

j.

Freestanding sign location. (Dimension setback from the centerline of the road or highway.)

5.

Other Information.

a.

Location of all site utilities.

b.

Site drainage characteristics and improvements.

c.

Park or recreation areas (show boundary and size in square feet).

d.

Fences (location and details).

e.

Statistical data shall be furnished, including: number of dwelling units; size of dwelling units (i.e., 1-bedroom, 2-bedrooms and 3-bedrooms), if any; and the total gross acreage involved. (In the case of mobile home parks, the size and location of each mobile home site shall be shown.)

f.

Where large equipment or machinery is to be installed as part of the development, the location, type, horsepower, fuel, dimensions and other data of all such equipment and/or machinery shall be indicated.

g.

Proposed or intended phasing shall be clearly shown and described on the site plan.

6.

Where it is determined by the Planning Commission that certain requirements of this section are not necessary to the review and understanding of the site, the Planning Commission may waive the requirements. Any and all waivers shall be recorded in the Commission's minutes, together with the unique circumstances and reasons for such waiver.

E.

Procedures.

1.

Upon receipt of an application for a Site Plan Approval, the Commission shall hold a public hearing at which time the application will be considered.

a.

Notice of the public hearing shall be sent by first-class mail to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures located within three hundred (300) feet of the property in question. The notice shall be given not less than five (5) days nor more than fifteen (15) days before the date of the public hearing. 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 (1) dwelling unit or spatial area owned or leased by different individual partnerships, businesses or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of single structure containing more than four (4) 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:

(1.)

Describe the nature of the Site Plan request.

(2.)

Indicate the property which is the subject of the Site Plan request.

(3.)

State when and where the public hearing will be held and the request considered.

(4.)

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

2.

If approved, the site plan shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan.

3.

The Planning Commission shall approve a site plan only upon a finding that the plan contains the information required by the Zoning Ordinance and is in compliance with the Zoning Ordinance, and with any and all conditions imposed pursuant to the Zoning Ordinance, other Township Planning documents, other applicable ordinances, and State and Federal statutes.

4.

Revisions and/or amendments to the site plan must be submitted to the Planning Commission for its review and approval. Upon receipt of the revised site plan, a public hearing shall be conducted and notices thereof mailed. The Township Planning Commission shall review the changes which have been made to the site plan and, if approved, the Building Official shall be notified of the Planning Commissions' approval of the revised plan.

5.

Site plan approval shall be valid for two (2) years after the date of approval. If a valid building permit has not been obtained and construction started within two (2) years from the date of the Planning Commission approval, the approval becomes null and void unless renewed or extended by specific Planning Commission action. If approval is not extended before expiration of the two-year period, then new site plan approval shall be required before a building permit may be issued.

6.

To ensure compliance with this Ordinance and any conditions imposed hereunder, and to ensure faithful completion of the improvements within two (2) years from the date of the site plan approval the Township Planning Commission may require that a cash deposit, certified check, or irrevocable bank letter of credit acceptable to the Township be deposited with the Township Treasurer. The amount of the bond or deposit shall be determined by the Township Engineer, and shall be in an amount sufficient to cover the cost of improvements associated with the project for which site plan approval has been granted.

The financial guarantee shall be rebated to the land owner in reasonable proportion to the ratio of the work completed on the required improvement as work progresses. In order to obtain the final release of a bond, an as-built drawing, sealed by a professional, registered and licensed by the State of Michigan, shall be submitted for review and approved by the Township.

(Ord. No. 10-38, § 1, 3-26-08; Ord. No. 10-53, § 1, 2-26-14; Ord. No. 10-60, § 1, 4-13-16; Ord. No. 10-69, § 1, 9-22-21; Ord. No. 10-73, § 1, 9-13-23)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2403 as § 10.2404.

A.

Preamble. There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its powers as provided by Act 184, Public Acts of 1943, as amended, in such a manner that the objectives of this Ordinance shall be observed, public safety, morals and general welfare assured, and substantial justice done.

B.

Powers and Duties. The zoning board of appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a zoning board of appeals. The zoning board of appeals shall also hear and decide on matters referred to the zoning board of appeals or upon which the zoning board of appeals is required to pass under the zoning ordinance. It shall hear and decide appeals from and review any administrative order, requirement, decision or determination made by an administrative official or body charged with enforcement of the zoning ordinance. For special land use decisions, an appeal may be taken to the Zoning Board of Appeals only if provided for in the zoning ordinance. The concurring vote of a majority of the members of the zoning board of appeals is necessary to reverse an order, requirement, decision, or determination of the administrative official or body to decide in favor of the applicant on a matter upon which the zoning board of appeals is required to pass under the zoning ordinance, or to grant the variance in the zoning ordinance.

C.

Establishment of Zoning Board of Appeals.

1.

The first member shall be a member of the Township Planning Commission, appointed by the Township Board.

2.

The second member may be a member of the Township Board, appointed by the Township Board.

3.

The remaining members shall be selected and appointed by the Township Board from the Electors of the Township residing outside of incorporated cities and villages, which members shall be representative of the population distribution and of the various interests present in the Township. An elected officer of the Township shall not serve as Chairman of the Zoning Board of Appeals. Further, an employee or contractor of the Township Board may not serve as a member or an employee of the Zoning Board of Appeals.

4.

The term of each member shall be for three (3) years, except that of the members first appointed, two (2) shall serve for two (2) years and the remaining members for three (3) years. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

5.

Members of the Zoning Board of Appeals shall be removable by the Township Board for nonperformance of duty, or for misconduct in office, upon the filing of written charges and after a public hearing has been held. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office.

6.

The Township Board may appoint two alternate members for the same term as regular members to the Zoning Board of Appeals. The alternate member may be called as specified in the Zoning Ordinance to sit as regular members of the Zoning Board of Appeals in the absence of a regular member if a regular member is absent from or unable to attend two (2) or more consecutive meetings of the Zoning Board of Appeals, or is absent for a period of more than thirty (30) consecutive days. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision of a case in which the regular member has abstained for reasons of conflict of interest. The alternate member, having been appointed, shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.

7.

The Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Board are present.

D.

Meetings. Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine or specify in its rules of procedure. All hearings conducted by said Board shall be open to the public. The Board of Appeals shall adopt its own rules of procedure and shall keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating said fact; and shall file a record of its proceedings in the Office of the Township Clerk, which shall be a public record.

(Ord. No. 10-37, § 1, 7-11-07)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2404 as § 10.2405.

These appeals procedures are instituted to provide a process whereby appeals from an order, requirement, decision, or determination made by an administrative official or commission charged with the enforcement of the Township Zoning Ordinance, (except the issuance of a variance which shall follow the procedures of Section 10.2405 of this Ordinance), shall be heard and decided.

A.

Procedures. An appeal shall specify the grounds for the appeal, and shall be filed both with the administrative official or body from whom the appeal is taken, and with the Board of Zoning Appeals.

1.

The administrative official or body from whom the appeals is taken shall forthwith transmit to the Board all papers constituting the record upon which the appeal is taken.

2.

An appeal stays all proceedings in furtherance of the action from which it is appealed, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed through the use of a restraining order. Restraining orders otherwise may be granted, either by the Board or by the Circuit Court, when notice is first provided to the administrative official or body from whom the appeal is taken, and when adequate cause for the issuance of the restraining order has been demonstrated.

3.

Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Township.

4.

The Board shall fix a reasonable time for the hearing of the appeals, give due notice thereof to the parties, and decide the appeal within a reasonable time. At the hearing, a party may appear in person or by agent or by attorney. The Board of Appeals may reverse, affirm or modify, wholly or partly, the order, requirement, decision, or determination and to that end shall have all the powers of the officer or body from whom the appeal was taken, and may also issue or direct the issuance of a permit. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Ordinance, the Board in passing upon appeals may vary or modify any of its rules or provisions so that the spirit of the Ordinance is observed, public safety secured, and substantial justice done. The decision of the Board shall be final. However, a person having an interest affected by the Zoning Ordinance may appeal to the Circuit Court.

5.

The concurring vote of a majority of the members of the Board shall be necessary to reverse an Order, requirement, decision or determination of the administrative official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to implement any variance of the Zoning Ordinance.

6.

The Board shall state specifically the grounds for each such determination, and these statements shall be recorded in the minutes of the Board.

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2405 as § 10.2406.

A.

An application for a hearing shall be made, by the owner of record of the property, to the Township Planning Department, accompanied by the necessary fees and documents as provided in this Ordinance.

B.

The application shall be accompanied by a site plan drawn to the scale of a maximum of 1" = 20' and a minimum of 1" = 50' shall be placed on a standard sheet, and shall contain the following information:

1.

Dimensional elements for which a variance is requested.

2.

Dimensional relationships of the subject lot to the structures located on all adjacent properties.

C.

The application shall be accompanied by an affidavit executed by the applicant explaining:

1.

Why compliance with the strict letter of the restrictions governing area, setback, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose or how conformity with such restrictions would be unnecessarily burdensome.

2.

How a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the district.

3.

Could a lesser relaxation than that applied for give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

4.

How relief can be granted in such fashion that the spirit of the ordinance will be observed and public safety and welfare secured.

D.

Notice of the public hearing for variance, interpretation of the zoning ordinance or appeal of an administrative decision, shall be provided as follows:

a.

Notice of the public hearing shall be published in a newspaper of general circulation in the township.

b.

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

c.

Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the township.

d.

If the name of the occupant is not known, the term, "occupant" may be used in making notification under this subsection.

e.

The notice shall be given not less than fifteen (15) days before the date the application will be considered for approval and shall do all of the following:

1.

Describe the nature of the request;

2.

Indicate the property that is the subject of the request;

3.

Include a listing of all existing street addresses within the property; street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

4.

State when and where the request will be considered.

5.

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

f.

The notice shall indicate that a public hearing on the appeal may be requested by any property owner or the occupant of any structure located within three hundred (300) feet of the property being considered for a special land use regardless of whether the property or occupant is located within the township.

g.

A decision on the appeal shall not be made unless notification of the public hearing on the appeal has been made in accordance with this section.

E.

Notice Requirements are the same as those required ancillary to site plan approval.

F.

The Board shall consider the application for a variance at its next regular meeting provided there is sufficient time to give the required notice.

G.

The Board shall approve, with or without conditions, or disapprove the application and shall communicate its decision, in writing to the applicant, the Township Board, the Building Official, and the Township Planning Commission within one (1) week from the date of the meeting at which the decision was rendered.

H.

The Board shall not approve an application for a variance unless it has established definitely that:

1.

Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for permitted purpose or would render conformity with such restrictions unnecessarily burdensome.

2.

A grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the district, or a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

3.

Relief can be granted in such fashion that the spirit of the ordinance will be observed and public safety and welfare secured.

I.

The approval of a variance, together with any and all conditions imposed, shall be recorded in the minutes of the Zoning Board of Appeals and a Notice of Variance shall be recorded with the County Register of Deeds.

J.

The Building Official shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or shall render such other approval permitting the variance, subject to all conditions imposed pursuant to such approval.

K.

The Zoning Board of Appeals shall not reconsider a variance request for which a decision has been made previously.

L.

The decision by the Board of Appeals shall be final. However, a person having an interest affected by the Zoning Ordinance may appeal to the Circuit Court.

M.

A variance granted under this Ordinance shall terminate if there is any change in the lot area for which the variance was granted, or if the terms and conditions of the variance are violated.

N.

All variances granted shall be recorded with the Township Assessing Department.

(Ord. No. 10-29, § 1, 12-28-05; Ord. No. 10-37, § 1, 7-11-07; Ord. No. 10-60, § 1, 4-13-16)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2406 as § 10.2407.

A.

Initiation of Text Amendments and Map Revisions.

1.

Any proposal for an amendment to the Zoning Ordinance text may be initiated by filing an application package with the appropriate fees to the Planning Department. Such application package shall contain the proposed text amendment.

2.

Any proposal for a map revision to the Zoning Ordinance may be initiated by an owner of an interest in a lot as to the rezoning of such lot, by filing with the Township Planning Department a petition proposing the zoning change, accompanied by a map at a scale of not less than 1" = 50' showing the subject parcel in relation to adjoining parcel of land, and accompanied by the necessary fees for such zone change.

3.

Any proposal for an amendment to the Zoning Ordinance text or map may be initiated by the Township Board or the Township Planning Commission, by filing with the Township Planning Department a resolution, duly adopted and proposing an amendment.

B.

Procedures for Text Amendments.

1.

The Township Planning Department shall give the following notice of the time and place of the Township Planning Commission meeting at which text amendment(s), map revision(s) and/or rezoning(s) will be heard:

(a)

Notice of the public hearing shall be published in a newspaper of general circulation in the township.

(b)

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

(c)

Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the township.

(d)

If the name of the occupant is not known, the term, "occupant" may be used in making notification under this subsection.

(e)

The notice shall be given not less than fifteen (15) days before the date the application will be considered for approval and shall do all of the following:

(i)

Describe the nature of the request;

(ii)

Indicate the property that is the subject of the request;

(iii)

Include a listing of all existing street addresses within the property; street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(iv)

State when and where the request will be considered.

(v)

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

(f)

Notice of the time and place of the public hearing shall also be given by mail to each electric, gas, and pipeline utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the clerk of the township for the purpose of receiving the notice of public hearing.

(g)

The notices required under this section shall include the places and times at which the proposed text and any maps of the zoning ordinance may be examined.

(h)

If an individual property or ten (10) or fewer adjacent properties are proposed for rezoning, the township shall give a notice of the proposed rezoning in the same manner as set forth above.

(i)

If eleven (11) or more adjacent properties are proposed for rezoning, the Township shall give a notice of the proposed rezoning in the same manner as set forth above, except that notice does not have to be sent by mail or personal delivery to the owner of property for which approval is being considered, nor to all persons to whom real property is assessed within three hundred (300) feet of the property nor to the occupants of all structures within three hundred (300) feet of the property, additionally, no individual addresses of properties are required to be listed.

2.

Publication and effective date.

a.

The notice of ordinance adoption shall be published in a newspaper of general circulation in the Township within fifteen (15) days after adoption.

b.

The ordinance and/or amendment(s) shall take effect upon the expiration of seven (7) days after publication as required in Section (a) or at such later date after publication as may be specified by the Township Board of Trustees.

C.

Reserved.

D.

[Public hearing.] The Township Board shall conduct a public hearing on the proposed map revision and/or rezoning and give notice of the hearing in the same manner as set forth in Section 10.2406 C.1. The Township Board may act upon the map revision and/or rezoning at the same meeting wherein the public hearing was conducted. If the Township Board tables consideration of the map revision and/or rezoning, it shall be tabled to a date certain. No additional notice or public hearing shall be required.

(Ord. No. 10-37, § 1, 7-11-07; Ord. No. 10-60, § 1, 4-13-16)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2407 as § 10.2408.

A.

Administrative Official. The Building Official designated by the Township Board shall administer and enforce this Ordinance. The Building Official may be provided with the assistance of such other persons as the Township Board may direct.

If the Building Official shall find that any of the provisions of this Ordinance are being violated, the Official shall notify, in writing, the person responsible for such violation, or the owner of record of the lot upon which such violation is taking place, indicating the nature of the violation and ordering the action necessary to correct it. The Building Official shall order discontinuance of the illegal use of any lot or structures, or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violations of its provision.

B.

Building Permits Required. No structure shall be erected with, moved, added to, or structurally altered without a permit therefore with said permit, issued by the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this Ordinance, unless the applicant receives a Special Land Use Permit from the Planning Commission, or a reversal, appeal or variance from the Zoning Board of Appeals, in accordance with the provisions as provided by this Ordinance.

C.

Building Permit Application. All applications for building permits shall be accompanied by two (2) sets of plans drawn to scale, showing the actual dimensions on the lot of structures already existing, if any, the location and dimensions of the proposed structure or alteration, and all required setbacks. The application shall include such other information as may be required by the Building Official, including data on existing or proposed structures or alterations; existing or proposed uses of the structure and lot; the number of families, housekeeping units, or rental units the structure is designed to accommodate; conditions existing on the lot; and such other information as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance. A survey sealed by a Professional Surveyor licensed in the State of Michigan must also be submitted. One (1) copy of the plan(s) shall be returned to the applicant by the Building Official after the Building Official shall have marked such copy either as approved, or disapproved, and attested to same by signing such copy. One (1) copy of the plans, similarly marked, shall be retained by the Building Official.

D.

Pre-Enforcement Procedures for Industrial Performance Standards. All permit applications for uses within Articles XX and XXI require compliance with the standards described in Sections 10.2107 K and 10.2015 K, and shall be controlled by requiring engineers registered with the State of Michigan to assure that the machinery to be installed meets with the aforedescribed performance standards.

E.

Certificates of Zoning Compliance for New, Reoccupied, Altered or Non-Conforming Uses. It shall be unlawful to use, or occupy, reoccupy or permit the use or occupance of, any structure or premises, or parts thereof, hereafter created, erected, changed, converted or wholly or partially altered or enlarged, until a Certificate of Zoning Compliance has been issued therefore by the Building Official stating that the proposed use of the structure or lot conforms to the requirements of this Ordinance.

1.

The Building Official shall maintain a record of all Certificates of Zoning Compliance issued pursuant to this Ordinance.

2.

Failure to obtain a Certificate of Zoning Compliance shall be a violation of this Ordinance and shall be punishable under the applicable provisions of this Ordinance.

F.

[Issuance of Certificate of Zoning Compliance.] A certificate of zoning compliance shall be issued by the Building Official upon the recommendation of a review committee, comprised of the Township Clerk, Planning Consultant, Building Official, Assessor, and Fire Inspector, or their designees. An application, together with sufficient information to determine compliance with the zoning district (as determined by the Building Official), shall be submitted to the Township Building Department. The Building Department will distribute the plans to the review committee. The review committee shall return their written comments and recommendations to the Building Department within five (5) days after receipt from the Building Department. Each member of the committee shall recommend approval, approval with conditions, or denial of the Certificate of Zoning Compliance. After receiving the recommendations from members of the review committee, the Building Official shall issue a Certificate of Zoning Compliance, a Certificate of Zoning Compliance with conditions, or a denial of the requested Certificate of Zoning Compliance to the applicant based upon the recommendations of the review committee. Any recommendations for denial of a Certificate of Zoning Compliance must state the reasons for the recommended denial. The Building Official shall issue a Certificate of Zoning Compliance only if all members of the review committee recommend approval or approval with conditions. Any conditions of approval recommended by the Planning Consultant, Building Official, Assessor, or Fire Inspector or their designee shall be incorporated into the approval with conditions issued by the Building Official.

(Ord. No. 10-55, § 1, 4-9-14)

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2408 as § 10.2409.

A.

Violation of the provisions of this Ordinance, or failure to comply with any of its requirements, including violations of conditions and safeguards required as conditions for the grant, variances, appeals, or Special Land Use Permits, shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of it requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and, in addition, shall pay all costs and expenses involved in the case.

1.

Each day such violations continue shall be considered a separate punishable offense.

2.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and may each suffer the penalties herein provided.

3.

Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2409 as § 10.2410.

A.

Fees, charges and expenses shall be assessed as part of the application and review procedures contained within this Ordinance.

B.

The Township Board shall establish a schedule of fees, charges and expenses, and shall establish a procedure for their collection.

1.

The schedule of fees, charges and expenses shall be available for review from the Clerks office.

2.

The schedule of fees, charges and expenses may be altered or amended by resolution duly adopted by the Township Board.

C.

No action shall be taken on any application or appeal until all applicable fees, charges and expenses have been paid in full.

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2410 as § 10.2411.

This Ordinance and its various compositional parts, sections, subsections, provisions, sentences and clauses are hereby declared to be severable. If any part, section, subsection, provision, sentence or clause is adjudged unconstitutional or invalid, it is hereby declared that the remainder of this Ordinance shall not be affected thereby.

Editor's note— Ord. No. 10-67, § 1, adopted July 2, 2020, renumbered the former § 10.2411 as § 10.2412.

This Ordinance shall become effective on November 10, 1973.

Amended January 24, 1992

Amended August 29, 1992

Amended September 3, 1998

Amended March 20, 1999