The township is hereby divided into the following zoning districts as shown on the official zoning map, which, together with all explanatory matter shown thereon, is hereby adopted by reference and declared to be a part of this chapter.

(1)

RC—Recreation Conservation District.

(2)

AR—Agriculture District.

(3)

LR—Low Density Residential District.

(4)

SR-1—Single-Family Residential District One.

(5)

SR-2—Single-Family Residential District Two.

(6)

MR—Multiple-Family Residential District.

(7)

MHP—Mobile Home Park District.

(8)

WLD—Whitmore Lake District.

(9)

LC—Local Commercial District.

(10)

GC—General Commercial District.

(11)

RO—Residential/Office District.

(12)

LI—Limited Industrial District.

(13)

GI—General Industrial District.

(14)

PSC—Planned Shopping Center District.

(15)

RTM—Research/Technology/Manufacturing District.

(16)

PUD—Planned Unit Development District.

(Ord. of 7-22-2013, § 3.01; Ord. No. 17-53, § 9, 2-14-2017)

For the purpose of this chapter, the zoning districts as provided herein are bounded and defined as shown on a map entitled "Official Zoning Map of Northfield Township." The official zoning map, with all explanatory matter thereon, is hereby made a part of this chapter.

(Ord. of 7-22-2013, § 3.02)

The official zoning map shall be identified by the signature of the township supervisor, attested by the township clerk, and bear the seal of the township under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Northfield Township," together with the effective date of the ordinance from which this chapter is derived.

(Ord. of 7-22-2013, § 3.03)

If in accordance with the procedures of this chapter and of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), a change is made in a zoning district boundary, such change shall be made by the zoning administrator promptly after the ordinance authorizing such change shall have been adopted and published, with an entry on the official zoning map as follows: "On (date) by official action of the Township Board, the following (change) changes were made in the Official Zoning Map: (brief description of change)," which entry shall be signed by the township supervisor and attested by the township clerk. No change of any other nature shall be made unless authorized by the zoning board of appeals and then entered only by the township supervisor. No change of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any persons shall be considered a violation of this chapter and punishable as provided in section 36-979. Any changes in corporate boundaries within the township shall be recorded within seven days on the official zoning map by the township supervisor with his signature and date and attestation by the township clerk attached thereto.

(Ord. of 7-22-2013, § 3.04)

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the township. The official zoning map shall be located in the township offices located in the township hall and shall be open to public inspection.

(Ord. of 7-22-2013, § 3.05)

(a)

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes made thereto, the township board may, by ordnance, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions on the prior official zoning map, but no such corrections shall have the effect of amending the chapter or the prior official zoning map. The new official zoning map shall be identified by the signature of the township supervisor, attested by the township clerk, and bear the seal of the township under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Northfield Township adopted on (date) which replaces and supersedes the Official Zoning Map which was adopted on (date)."

(b)

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

(Ord. of 7-22-2013, § 3.06)

(a)

Where, due to scale, lack of detail, or illegibility of the official zoning map, there is any uncertainty, contradiction, or conflict as to the intended location of any zoning district boundary as shown thereon, the zoning administrator shall interpret the map upon request of any person. Any person aggrieved by such interpretation may appeal it to the zoning board of appeals. The zoning administrator and the zoning board of appeals, in interpreting the zoning map or deciding an appeal, shall apply the following standards.

(1)

A boundary indicated as approximately following the centerline of a highway, street, alley or easement shall be construed as following such centerline.

(2)

A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

(3)

A boundary indicated as approximately following the municipal boundary of a city, village, or township shall be construed as following such line.

(4)

A boundary indicated as following a railroad line shall be construed as being midway between the main tracks.

(5)

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in a shoreline shall be construed as following the shoreline existing at the time the interpretation is made.

(6)

A boundary indicated as following the centerline of a stream, river, canal, lake or other body of water shall be construed as following such centerline.

(7)

A boundary indicated as a parallel to or an extension of a feature indicated in subsections (a)(1) through (a)(6) of this section shall be so construed.

(8)

A distance not specifically indicated on the official zoning map shall be determined by the scale of the map.

(9)

Where a physical or cultural feature existing on the ground is at variance with that shown on the official zoning map, or in any other circumstances not covered by subsections (a)(1) through (a)(8) of this section, the zoning administrator shall interpret the zoning district boundary, whose decision may be appealed to the zoning board of appeals.

(10)

Where a district boundary line divides a lot which is in single ownership at the time of adoption of this chapter, the zoning board of appeals may permit an extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(b)

If, after application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of property and the history of zoning ordinances and amendments in the township as well as other relevant facts.

(Ord. of 7-22-2013, § 3.07)

Whenever, in the course of administration and enforcement of this chapter, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this chapter, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood.

(Ord. of 7-22-2013, § 3.08)

(a)

Except as may otherwise by provided in article XXIX of this chapter, every building and structure erected, every use of any lot, building or structure established, every structural alteration or relocation of an existing building or structure occurring, and every enlargement of or addition to an existing use, building and structure occurring after the effective date of the ordinance from which this chapter is derived shall be subject to all regulations of this chapter which are applicable in the zoning district in which such use, building or structure shall be located.

(b)

Where a building permit for a building or structure, use of building or structure, or use of lot or parcel, has been issued in accordance with the law prior to effective date of the ordinance from which this chapter is derived and provided that construction is begun within 365 days of such effective date and diligently pursued to completion, said building or structure, use of building or structure, or use of lot or parcel, may be completed in accordance with the approved plans on the basis of which the building permit has been used, and further, may, upon completion, be occupied by the use for which originally designated, subject thereafter to the provisions of article XXIX of this chapter.

(c)

Any basement, cellar, garage, or any incomplete structure without an occupancy permit in use as a dwelling on the effective date of adoption or amendment of the ordinance from which this chapter is derived shall not be used as a dwelling for more than 12 months following said date, unless said structure has been completed in conformance with the regulations of the district in which located.

(Ord. of 7-22-2013, § 3.09)

A building, structure, lot, or use which was not lawfully existing at the time of adoption of the ordinance from which this chapter is derived shall not become or be made lawful solely by reason of the adoption of the ordinance from which this chapter is derived. In case any building, or part thereof, is used, erected, occupied or altered contrary to law or the provisions of this chapter, such building shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this chapter. Public expenditures toward abating any such nuisance shall become a lien upon the land.

(Ord. of 7-22-2013, § 3.10)

The division and consolidation of land shall be in accordance with chapter 14. No lot shall hereafter be divided into two or more lots and no portion of any lot shall be sold unless all lots resulting from each such division or sale conform with all applicable regulations of the zoning district in which the property is located.

(Ord. of 7-22-2013, § 3.11)

State Law reference— Land division act, MCL 560.101 et seq.

Nothing in this chapter shall interfere with the temporary use of any property as a voting place for any public election.

(Ord. of 7-22-2013, § 3.12)

Not more than one single-family dwelling unit shall be located on a lot, nor shall a single-family dwelling unit be located on the same lot with any other principal building or structure use, except as permitted under articles XXI and XXIII of this chapter, or except as permitted on farms for tenants or seasonal agricultural workers.

(Ord. of 7-22-2013, § 3.13)

(a)

Temporary dwelling. A mobile home may be used as a temporary dwelling by a family while repairing or replacing its single-family residence rendered uninhabitable by a disaster such as fire, flood, or windstorm. Such temporary dwelling shall be permitted only in RC or AR zoning districts. Only a mobile home may be used as a temporary dwelling; a camper, travel trailer, motor home, recreation vehicle, cabin, tent, basement, garage or similar unit shall not be used as a temporary dwelling in any zoning district.

(b)

Nonresidential temporary structure.

(1)

A nonresidential temporary structure designed as a general sales office, sales/rental office or financial institution may be used exclusively for such purposes during construction of a permanent structure designed for any such purpose. Such temporary structure shall be permitted only in a commercial, office, or industrial zoning district, and only if such permanent structure and use is permitted in said zoning district.

(2)

A nonresidential temporary structure designed as a sales/rental office may be used in a residential development exclusively for the purpose of selling, leasing or renting new dwelling units within said residential development.

(c)

Required approval. A temporary structure shall not be occupied until a certificate of occupancy has been issued by the township building inspector. The building inspector shall notify the township board and planning commission in writing of each such permission granted under this section. A performance guarantee may be required.

(d)

Application. An application for such a permit shall be filed with the building inspector including the following information:

(1)

Name and address of the applicant and property owner.

(2)

Accurate legal description of the lot which the temporary structure is to be located.

(3)

Information showing the necessity of use of the temporary structure in meeting the construction schedule of the permanent structures on the lot.

(4)

An estimate, with supporting information, of the reasonable cost of removal of the temporary structure and temporary site improvements, and of site cleanup, upon expiration of the permit.

(e)

Regulations.

(1)

A temporary structure shall comply with all use, yard, and parking requirements of the zoning district in which located. A certificate of zoning compliance shall be obtained from the zoning administrator.

(2)

A temporary structure shall be connected to public water and sanitary sewer lines, where available, in which case a connection permit shall be obtained from the township utilities department. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and septic tank, in which case the applicant shall obtain a permit therefor from the county health department.

(3)

A temporary structure shall be permitted only on the same lot as the permanent structure, except that a temporary sales/rental office in a residential development may be located within the boundary lines of said residential development.

(4)

The term of the permit shall not exceed one year; however, the term may be extended for one period not exceeding six months. Extension shall only be made on written application filed with the township clerk 20 days or more prior to such expiration, setting forth facts showing due diligence in construction of the permanent structure. An extension shall not be approved unless construction of the permanent building has commenced within 180 days of the date of approval of the conditional use permit, and diligently pursued.

(5)

A driveway permit shall be obtained from the county road commission or the state department of transportation, whichever is applicable.

(6)

The permittee shall cause the temporary structure to be removed within 14 days of the date of issuance of a certificate of occupancy for the permanent structure, or of the date of expiration of the temporary structure permit, whichever is the earlier.

(7)

A temporary structure permit and the certificate of occupancy issued thereon shall not be transferable to any other person, company, use, structure or lot.

(Ord. of 7-22-2013, § 3.14)

Any use lawfully existing at the effective date of adoption or amendment of the ordinance from which this chapter is derived, and which is permitted as a conditional use in a district under the terms of this chapter, shall be deemed a conforming use and shall, without further action, application, or review, be considered a conforming use. Expansion of such uses or change to another conditional use after the effective date of the ordinance from which this chapter is derived shall require a conditional use permit as provided in article XXVII of this chapter.

(Ord. of 7-22-2013, § 3.15)

The term "home occupation" means an occupation or profession carried on in the home by resident members of the household where such use is clearly incidental and secondary to the principal use of the dwelling as a residence.

(1)

General standards for all home occupations. A home occupation as allowed within this chapter shall require a certificate of zoning compliance pursuant to section 36-972. The issuance of such certificate shall be based upon the following criteria:

a.

That such home occupation shall be carried on within the dwelling or within a building accessory thereto.

b.

That the character or appearance of the residence shall not change and that the home occupation shall not generate excessive traffic from cars or trucks than normally associated with a residential dwelling. Traffic generated by the home occupation exceeding 20 trips per day shall be considered excessive. A trip is considered a single entry to or exit from the subject home.

c.

That no article shall be sold or offered for sale on the premises except such as is produced within the dwelling or accessory building or is provided incidental to the service or profession conducted within the dwelling or accessory building.

d.

The home occupation shall not display or create outside the building any external evidence of the operation of the home occupation.

e.

That the home occupation does not require equipment other than what would commonly be found on residential premises.

f.

That there shall be no exterior storage of materials or equipment.

g.

That no nuisance shall be generated by any heat, glare, noise, smoke, vibration, noxious fumes, odors, vapors, gases, chemicals or matter at any time; and that no mechanical, electrical, or similar machinery or equipment, other than that used for normal domestic purpose, will be utilized in the home occupation.

h.

That no hazard of fire, explosion or radioactivity shall exist at any time.

i.

That there may be a sign, not to exceed two square feet in area, as approved by the zoning administrator.

j.

That not more than two persons, other than members of the household occupying the dwelling, shall be employed in the dwelling or accessory building.

(2)

Medical licensed caregivers. In addition to the general standards as specified in subsection (a) of this section, medical marihuana, cultivation, use and distribution shall meet the following specific standards:

a.

Conformance with section 36-729.

b.

In recognition of the confidential nature of this use, a licensed caregiver shall submit a zoning compliance application pursuant to section 36-729(c) to obtain a zoning compliance certificate.

(Ord. of 7-22-2013, § 3.16; Ord. No. 19-66, § B, 11-12-2019)

It is the intent of this chapter to place essential services and property owned, leased or operated by public agencies, including local, state, federal or any other public or governmental body or agency, under the provision of this chapter, as follows:

(1)

Where such uses are specifically listed they shall be governed as indicated.

(2)

Where such uses are not specifically listed, they shall be permitted only in districts permitting private uses of a similar nature.

(3)

Property owned, leased, or operated by the state or the United States shall be exempt from the provisions of this chapter only to the extent that said property may not be constitutionally regulated by the township.

(4)

Although exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review, and shall comply with all applicable regulations that do not affect the basic design or nature of operation of said services. It is the intention of the township to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands.

(Ord. of 7-22-2013, § 3.17)

Lines, poles, and appurtenances for electricity, telephone, and cable television, and natural gas lines and appurtenances, for service to one principal building on a single lot, shall be exempt from the provisions of this chapter. All other lines, structures, buildings, and uses or public utilities shall be permitted only as set forth in this chapter.

(Ord. of 7-22-2013, § 3.18)

(a)

Every principal building shall be connected to a water supply well and a sewage disposal system approved by the Washtenaw County Health Department (WCHD), Michigan Department of Environmental Quality (MDEQ), or the township sanitary sewer system, where available. The approval of the WCHD, MDEQE, or township shall be obtained before a building permit or a certificate of occupancy, whichever is applicable, may be issued.

(b)

Privately owned community sewage systems (POCSS) may be permitted in areas of the township that are not served by the central wastewater treatment system, subject to the approval of the township board of trustees and the state and/or county as noted below.

(c)

Privately owned community sewage system (POCSS) shall be regulated by the following county and state standards:

(1)

County regulation for privately owned community sewage systems.

(2)

Michigan Department of Environmental Quality (MDEQ) privately owned, publicly used sewage systems permit approval.

(d)

Privately owned or operated community water supply systems shall be prohibited in any part of the township.

(e)

POCSS shall require a conditional use permit from the township board in accordance with the procedures and standards set forth in article XXVII of this chapter, pertaining to conditional uses. POCSS shall be strictly prohibited in areas of the township served by public sanitary sewers unless it is determined, in the sole discretion of the township board, the proposed project to be served by the system provides a recognizable and material benefit to the community and/or provides long-term protection of natural resources and environmental features. In addition to the requirements established by the township, the state and/or the county, the following site development and use requirements shall apply:

(1)

Required standards and findings set forth in section 36-838 shall be met.

(2)

All structures shall be completely enclosed by a fence not less than six feet high.

(3)

All operations and structures shall be surrounded on all sides by a setback of at least 200 feet in width from the nearest dwelling located within a development project served by a POCSS and at least 200 feet from a property line shared with an adjacent property. Landscape buffering in accordance with section 36-722 shall be placed to minimize the appearance of the installation and to help confine the odors therein. The township planning commission and township board shall have the authority to review the design and treatment of all buffer strips.

(4)

The point of discharge of a POCSS shall be located a minimum:

a.

Of 1,500 feet from another approved POCSS.

b.

Of 2,000 feet from an established public well head protection area.

c.

Of 100 feet from a wetland.

d.

Of 100 feet from the ordinary high water mark of any body of water.

(5)

A POCSS should be restricted to a single development project and shall not provide service to other properties and/or development projects.

(6)

The area devoted to a POCSS shall not be used to satisfy open space required by any other provisions of this chapter.

(7)

The number of units served by the POCSS shall not exceed the allowable density of the zoning district in which the project is situated and be in conformance with the township master plan.

(Ord. of 7-22-2013, § 3.19; Ord. of 6-4-2014, § 3.19)

State Law reference— Sewage disposal and waterworks systems, MCL 324.4101 et seq.

Each single-family dwelling unit shall have a minimum exterior width, as distinguished from length, prior to any additions or expansions, of 20 feet for at least one side, as distinguished from front or rear.

(Ord. of 7-22-2013, § 3.20)

No single-family dwelling or any dwelling unit in a two-family structure shall hereafter be erected or altered which shall have a total floor area of less than 1,000 square feet for dwelling units with two or less bedrooms, plus 200 square feet for each additional bedroom. No multiple family structure shall hereafter be erected or altered unless each dwelling unit therein shall contain at least 500 square feet where no bedrooms are provided, 600 square feet with one bedroom, 800 square feet with two bedrooms and 200 square feet for each bedroom in excess of two, except in the case of a structure designed to house elderly people, in which case each dwelling unit shall contain at least 350 square feet if no bedrooms are provided, and 500 square feet if one or more bedrooms are provided.

(Ord. of 7-22-2013, § 3.21)

Storage buildings in residential districts shall be clearly accessory to the dwelling units they serve. The floor area of a storage building shall be included in the floor area used to calculate ground floor coverage and floor area ratio. Such storage building shall not be located in a required front or side yard on the lot on which located.

(Ord. of 7-22-2013, § 3.22)

Circuses, carnivals, other transient amusement enterprises, music festivals, and similar temporary gatherings of people may be permitted in any zoning district upon approval by the township board. Such enterprises may be permitted only on the finding by the township board that the location of such an activity will not adversely affect adjoining properties or adversely affect public health, safety, morals, or general welfare. The township board may require posting of a bond or other acceptable security payable to the township in an amount sufficient to hold the township free of all liabilities incidental to the operation of such activity, and indemnify any adjoining land owners for any damage resulting from the operation of such activity, and which damages shall be provable before the court having jurisdiction over the premises upon which the damages occurred and payable through such court.

(Ord. of 7-22-2013, § 3.23)

(a)

In any zoning district, every use, building or structure established after the effective date of the ordinance from which this chapter is derived shall be on a lot or parcel that adjoins a public road or private road that complies with the private road regulations provided in section 36-719. The area of a private road easement shall not be included in the minimum required area of the lot.

(b)

When a proposed building structure is not serviced by an approved driveway or private road as provided for in the township private road regulation, or is not serviced by a dedicated public road, the township zoning administrator shall not issue a zoning compliance permit for the proposed structure.

(c)

Two or more contiguous parcels of commercially zoned land that are developed as a shopping center may share a driveway easement, said easement being a minimum of 24 feet wide and paved with asphalt or cement concrete. When such driveway easements are shared, such easement shall be included in determining and computing lot width as such is defined herein.

(Ord. of 7-22-2013, § 3.24)

This section is designed to establish regulations under which mobile homes may be used as single-family dwellings on lots outside mobile home parks. It is hereby recognized that other forms of manufactured housing, commonly referred to as prefabricated, modular or sectional housing among other names, are and have been permitted in the township, on individual lots, in any zoning district in which single-family dwellings are permitted, provided such units comply with the township's codes and zoning requirements. This section intends to treat mobile homes in a similar fashion, while recognizing the unique feature of their construction. The regulations contained in this section are specifically designed to:

(1)

Ensure compliance of mobile homes on individual lots with all zoning regulations applicable to all other single-family dwellings permitted in the township.

(2)

Ensure compliance with all township codes, in addition to the zoning ordinance, for the protection of the public health, safety and welfare.

(3)

Be aesthetically compatible with other single-family dwellings in the community.

(4)

The lot shall be located in a zoning district which permits single-family dwellings.

(5)

The lot and the mobile home shall comply with all regulations of the zoning district in which located.

(6)

The mobile home shall meet all requirements of the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 CFR 3280), as amended, and the R 125.1102 of the state administrative code.

(7)

The mobile home shall be placed on a permanent foundation wall. The wall shall meet all requirements of the state construction code and shall completely enclose the area under the mobile home. The area so enclosed shall not be less than the ground floor area of the mobile home. The mobile home shall be secured to the premises by an anchoring system which meets all state requirements.

(8)

The wheels, tongue and hitch, or other towing appurtenances, shall be removed before anchoring the mobile home to the premises.

(9)

The mobile home shall be connected to public water and sanitary sewer lines, where applicable, according to the township standards and specifications, or to a well and septic tank approved by the county health department.

(10)

The mobile home shall be aesthetically compatible in design and appearance with conventional on-site constructed housing, and other types of approved manufactured housing. Compatibility shall be determined by the following standards:

a.

The roof shall be finished with shingles or similar materials and shall have a minimum pitch of three on 12.

b.

Exterior walls shall be finished with natural or simulated natural materials, common to single-family dwellings, such as, but not limited to, beveled siding, vertical siding, board and batten siding, or brick.

c.

The mobile home shall have front and rear or front and side exterior doors.

d.

A roof drainage system which will collect and concentrate the discharge of roof drainage and will avoid drainage along the sides of the dwelling.

(11)

A building permit shall be required for construction of the foundation wall, for placement of the mobile home on the lot, and for any addition to the mobile home. A building permit shall not be issued until a health permit has been issued by the county health department, where applicable, and until a certificate of zoning compliance has been issued in accordance with article XXXI of this chapter and is in effect. The mobile home shall not be occupied until a certificate of occupancy has been issued as provided in article XXXI of this chapter and is in effect. Any addition to a mobile home shall meet all requirements of the state construction code.

(12)

The mobile home, prior to any additions, shall have a minimum floor area of 1,000 square feet, a minimum exterior width of 24 feet for at least one side elevation, and a minimum floor-to-ceiling height of 7.5 feet.

(13)

Not more than one mobile home shall be used as a single-family dwelling on a lot, nor shall a mobile home be placed on any lot which another single-family dwelling is located. A mobile home shall not be used as an accessory building in any residential district.

(14)

A mobile home shall not be removed from a foundation until a permit therefor has been issued by the building official in accordance with the state construction code.

(Ord. of 7-22-2013, § 3.25)

(a)

To ensure compliance with the provisions of this chapter and any conditions imposed thereunder, the planning commission or township board may require that a performance guarantee be deposited with the township to ensure faithful completion of improvements, in accordance with the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(b)

The performance guarantee shall meet the following requirements:

(1)

The performance guarantee shall be in the form of a cash bond, irrevocable letter of credit, certified check, or similar instrument acceptable to the clerk, which names the property owner as the obligor and the township as the obligee.

(2)

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate, based on the type of performance guarantee submitted, the township shall deposit the funds in an interest-bearing account in a financial institution with which the township regularly conducts business.

(3)

The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements, or portion thereof, associated with a project for which site plan approval is being sought or has been obtained. In accordance with these guidelines, the exact amount of the performance guarantee shall be determined by the clerk.

(4)

An amount not less than ten percent of the total performance guarantee may be retained for a period of at least one year after installation of landscape materials to ensure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the clerk that all landscape materials are being maintained in good condition.

(5)

The entire performance guarantee, including interest accrued, shall be returned to the applicant upon satisfactory completion of the required improvements.

(Ord. of 7-22-2013, § 3.26)

State Law reference— Performance guarantee, MCL 125.3505.

Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this chapter, the township may complete the necessary improvements itself or by contract to an independent developer and assess all costs of completing said improvements against the performance bond or other surety, including any interest accrued on said bond or surety. Prior to completing said improvements, the township shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.

(Ord. of 7-22-2013, § 3.27)

The regulations established by this chapter shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare in the township.

(Ord. of 7-22-2013, § 3.28)

(a)

This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this chapter.

(b)

However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(Ord. of 7-22-2013, § 3.29)