Sec. 18.0. The provisions of this Ordinance shall be administrated by the Moorland Township Board of Trustees after consideration of recommendations of the Planning Commission and the Zoning Administrator in accordance with provisions of the Township Rural Zoning Act, Act 184 of 1943, as amended.

(Ord. No. 101-104, 10-1-97)

Sec. 18.1.

A.

The Township Board, with recommendation of the Planning Commission, shall employ a Zoning Administrator to administer this Ordinance.

B.

The Zoning Administrator shall have the power to grant Certificates of Zoning Compliance, certain site plans, and to make inspections of premises necessary to carry out administration and enforcement of this Ordinance.

C.

The Zoning Administrator shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, discontinuance of any illegal work being done; and/or shall take any other action authorized by this Ordinance to ensure compliance with or prevent violations of its provisions.

Sec. 18.2.

A.

A permit for erection, alteration, moving, or structural repair of any building or structure shall not be issued until a Certificate of Zoning Compliance has been issued by the Township Zoning Administrator. Issuance of such a Certificate shall indicate the use(s) and plans for which the permit is requested comply with this Zoning Ordinance.

B.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator.

C.

The Zoning Administrator shall maintain a record of all Certificates of Zoning Compliance and said record shall be open for public inspection.

D.

Certificates of Zoning Compliance authorize only the use, arrangement, and construction set forth in an approved application and plans, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorize shall be deemed a violation of this Ordinance. Any change in approved plans shall occur only as provided for in this Ordinance and shall require issuance of an amended Certificate of Zoning Compliance.

Sec. 18.3.

A.

As a condition of any special land use permit or final site plan approval, the Township Planning Commission or Zoning Administrator shall determine a bond or other financial guarantee of a sum sufficient to assure the installation of required on-site improvements. Said bond shall include but shall not be limited to required landscaping, buffer zones and screens, fencing, fencing of refuse containers, driveway access to public street right-of-way, drainage improvements, sidewalks and similar items.

B.

Performance guarantees shall be processed in the following manner:

(1)

Prior to filing of a final site plan for approval, the applicant shall prepare an itemized cost estimate of the required improvements listed in [sub]section [18.3 A.] 20.3 A. The cost estimate shall be reviewed by the Zoning Administrator or Planning Commission. The Township Board shall act in finality on each such performance guarantee. The performance guarantee shall cover 100 percent of the estimated cost of the required improvements.

(2)

If approved, the Township Clerk or Zoning Administrator shall accept the performance guarantee and the Zoning Administrator shall issue a Certificate of Zoning Compliance.

(3)

The Township Clerk, in request of the party filing the performance guarantee, shall rebate portions of the performance guarantee upon determination of the Zoning Administrator that the improvements for which the rebate is requested have been satisfactorily completed.

(4)

Upon completion of all required improvements, as certified by the Zoning Administrator, all remaining portions of the performance guarantee shall be returned by the Township Clerk to the party filing same.

(5)

A record of all performance guarantees shall be maintained in the office of the Township Clerk.

Sec. 18.4. Before consideration of any application submitted to the Township in accordance with the requirements of this Ordinance, a fee shall be collected by the Township Clerk or Zoning Administrator. The fee shall be as set by the Township Board from time to time by resolution.

Sec. 18.5.

A.

Notification: If the Zoning Administrator shall discover that any provisions of this Ordinance are being violated, he/she shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering action necessary to eliminate it. Written notice shall be personally served or sent by certified mail, return receipt.

B.

Appearance Tickets: The Zoning Administrator shall be authorized to issue and serve an appearance ticket as a civil infraction on any person responsible for a violation of this Ordinance, when the Zoning Administrator has reasonable cause to believe that the person has committed such offense.

C.

Penalties:

(1)

Violations of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of any condition or safeguard established in connection with any approval authorized by this Ordinance, shall constitute a misdemeanor.

(2)

Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof, be fined not more than $300.00 or imprisoned for not more than 90 days, or both, and, in addition, shall pay all costs and expenses incurred by the Township in prosecuting the violation. Each day such violation continues shall be considered a separate offense.

(3)

The owner of record of real property, a tenant on any real property, and any builder, architect, contractor or agent or person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.

(4)

The imposition of any fine, or jail sentence, or both, shall not exempt or relieve the violator(s) from compliance with the provisions of this Ordinance.

Sec. 18.6. Except where expressly stated otherwise in this Ordinance, whenever a public hearing on a zoning application is required by this Ordinance or by the Michigan Zoning Enabling Act, Public Act 110 of 2006, notice of the public hearing shall be published and delivered in accordance with the requirements of this Section.

A.

The notice shall be published once, at least 15 days prior to the date of the public hearing, in a newspaper of general circulation in the Township.

B.

For applications involving the rezoning of ten or fewer adjacent properties; for applications to the Zoning Board of Appeals involving a specific parcel; and for all planned unit development and special land use applications, a notice of public hearing shall be mailed by way of U.S. first class mail or personally delivered to the following persons, at least 15 days prior to the date of the public hearing:

(1)

The applicant;

(2)

All persons to whom real property is assessed within 300 feet of the property that is the subject to the application; and

(3)

The occupants of all structures within 300 feet of the property that is the subject of the application.

If the above-described 300-foot radius extends outside of the Township's boundaries, then notice must be provided outside of the Township boundaries, within the 300-foot radius, to all persons in the above-stated categories.

C.

The notice of public hearing shall include the following information:

(1)

A description of the nature of the application or request.

(2)

An identification of the property that is the subject of the application or request. The notice shall include a listing of all existing street addresses within the property; provided, however, that street addresses do not need to be created and listed if no such addresses currently exist within the property; and provided further that street addresses do not need to be listed if eleven or more adjacent properties are being proposed for rezoning.

(3)

State when and where the application or request will be considered.

(4)

Identify when and where written comments will be received concerning the application or request.

(Ord. No. 06-21, § 9, 9-7-2006)