It is the purpose of this article to provide procedures and related standards for the review and regulation of land uses and uses of structures within the township.

(Ord. of 7-16-1992, § 22.01)

(a)

The township board or a duly authorized representative as specified in this article is hereby charged with the duty of enforcing the provisions of this chapter. Accordingly, the administration of this chapter is hereby vested in the following entities:

(1)

Township board.

(2)

Planning commission.

(3)

Zoning board of appeals.

(4)

Zoning enforcement officials.

(b)

The purpose of this article of this chapter is to set forth the responsibilities and scope of authority of these entities.

(Ord. of 7-16-1992, § 23.01)

The township board shall have the following responsibilities and authority pursuant to this chapter:

(1)

Adoption of zoning ordinance and amendments. In accordance with the intent and purposes expressed in the preamble to this chapter, and pursuant to the authority conferred by Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the township board shall have the authority to adopt this chapter, as well as amendments previously considered by the planning commission or at a hearing or as decreed by a court of competent jurisdiction.

(2)

Review and approval of plans. Following planning commission action, the township board shall be provided a opportunity to review and, at their discretion, approve special land uses, in accordance with section 32-49. Township board review and approval shall be required for all planned developments, in accordance with section 32-50. All amendments to this chapter are subject to the review and approval of the township board.

(3)

Setting of fees. The township board shall set fees for permits, applications, and requests for any action pursuant to this chapter. The fees shall be established from time to time by resolution of the township board. In the absence of an established fee for a specific permit, application, or action, the building official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.

(4)

Approval of planning commission members. In accordance with Public Act No. 33 of 2008 (MCL 125.3801 et seq.), members of the planning commission shall be appointed by the township supervisor with the approval of the township board.

(Ord. of 7-16-1992, § 23.02; Ord. of 3-11-2010, § 23.02)

The planning commission shall have the following responsibilities and authority pursuant to this chapter:

(1)

Creation. The planning commission of the township is created and organized pursuant to Public Act No. 33 of 2008 (MCL 125.3801 et seq.). Pursuant to section 11(1) of the Act, the planning commission is hereby granted all powers and duties of the zoning commission as defined in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(2)

Membership and operation. The members of the planning commission shall be appointed pursuant to Public Act No. 33 of 2008 (MCL 125.3801 et seq.). The qualifications of members, term of each member, filling of vacancies, compensation of members and operation of the planning commission shall be in accordance with such act. In accordance with section 21 of Public Act No. 33 of 2008 (MCL 125.3821), the planning commission by resolution shall determine the time and place of meetings. The planning commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

(3)

Jurisdiction. The planning commission shall discharge the following duties pursuant to this chapter:

a.

Township zoning commission. The planning commission shall serve as the township zoning commission as authorized by section 301 of Public Act No. 110 of 2006 (MCL 125.3301).

b.

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

c.

Site plan review. The planning commission shall be responsible for review of applications for site plan approval in accordance with this article. As provided for in this article, the planning commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval.

d.

Special land use review. The planning commission shall be responsible for holding hearings and reviews of all applications for special land use approval in accordance with this section, and making a recommendation to the township board to grant approval, approval subject to revisions, or denial of approval.

e.

Planned development review. The planning commission shall be responsible for holding hearings and review of all applications for planned development in accordance with section 32-50. The planning commission shall be responsible for making a recommendation to the township board to grant approval, approval with conditions, or denial of a planned development proposal.

f.

Formulation of a master plan. The planning commission shall be responsible for formulation and adoption of a master plan for the physical development of the township in accordance with article III of Public Act No. 33 of 2008 (MCL 125.3831 et seq.).

g.

Review of matters referred by the township board. The planning commission shall be responsible for review of plats or other matters relating to land development referred to it by the township board. The planning commission shall recommend appropriate

h.

Report on operation of this chapter. Pursuant to section 308(2) of Public Act No. 110 of 2006 (MCL 125.3308(2)), the planning commission shall at least annually prepare for the township board a report on the operations of this chapter including recommendations as to the enactment of amendments or supplements to this chapter.

(4)

Meetings. Not less than 15 days before the meeting date, the planning commission shall publish notice of a regular or special meeting in a newspaper of general circulation in the township. All meetings of the planning commission are subject to the provisions of the open meetings act, Public Act No. 267 of 1976 (MCL 15.261 et seq.).

(Ord. of 7-16-1992, § 23.03; Ord. of 3-11-2010, § 23.03)

State law reference— Michigan planning enabling act, MCL 125.3801 et seq.

The zoning board of appeals (hereinafter referred to as "ZBA') shall have the following responsibilities and authority pursuant to this chapter.

(1)

Creation. The ZBA is created pursuant to section 601 of Public Act No. 110 of 2006 (MCL 125.3601), the Michigan zoning enabling act.

(2)

Membership and operation. The ZBA shall consist of five members. One member of the ZBA shall also be a member of the township planning commission. One member of the ZBA may be a member of the township board but may not serve as chairperson of the ZBA. The compensation of the members of the ZBA shall be fixed by the township board. Two alternate members may be appointed for the same term as regular members of the ZBA. Alternate members may be called on a rotating basis to sit as regular members in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of a 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 board of appeals. All appointments shall be made in accordance with section 601 of Public Act No. 110 of 2006 (MCL 125.3601), and shall be subject to all requirements of said Act. In the event that a vacancy occurs on the ZBA, whether through removal, resignation, or expiration of term, a successor shall be appointed not more than 30 days after the term of the preceding member has expired.

(3)

Secretary of the ZBA. The township clerk shall be the secretary of the board. The clerk may designate a deputy clerk to act on his behalf.

(4)

Meetings. Meetings of the ZBA shall be held in accordance with an adopted schedule, or at the call of the chairperson, or at such other times as the ZBA may specify in its rules and procedures. The ZBA shall state the grounds of each determination, and shall maintain a record of its official proceedings, said record shall be filed in the office of the township clerk.

(5)

Concurring vote required. The concurring vote of a majority of the members of the ZBA shall be necessary to:

a.

Reverse an order, requirement, decision, or determination of an administrative official or body;

b.

Decide in favor of an applicant on any matter upon which the ZBA is required to act; or

c.

Effect any variation to this chapter.

(6)

Jurisdiction. The ZBA shall be empowered to act on all questions as they may arise in the administration of this chapter, including the interpretation of the zoning district map. The ZBA shall also hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this chapter. The ZBA shall also hear and decide matters referred to them or upon which they are required to pass under this chapter. In doing so, the ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises. In acting on appeals or requests for variances, the ZBA shall comply with the provisions of section 32-51. In the interest of complying with these requirements and furthering the objectives of this section, the ZBA may take the following actions:

a.

Interpret the zoning districts map where the street layout shown on the map varies from actual conditions.

b.

Interpret the exact location of a boundary line between zoning districts shown on the map.

c.

Grant variances from off-street parking or loading space requirements, upon finding that such variances will not result in a parking or loading space deficiency or otherwise be inconsistent with the intent of such requirements.

d.

Grant variances from yard and bulk requirements, including height, lot area, yard setback, floor area, and lot width requirements, where there are unique circumstances on the lot such that the lot cannot reasonably be put to a conforming use. In deciding upon such variances, the ZBA shall first determine that sufficient area exists for an adequate stormwater drainage, water supply, and septic system, if necessary.

e.

Grant variances from the site plan review requirements where the ZBA finds that the requirements would cause practical difficulties or unnecessary hardship due to the unique conditions on the site.

f.

Grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this chapter.

(7)

Limitations of authority. The ZBA shall not have the power and is not authorized to:

a.

Alter or change the zoning district classification of any property.

b.

Make any change in the text of this chapter.

c.

Permit any use in a district in which it is not permitted (i.e., a use variance).

d.

Consider an appeal of any decision concerning a planned development approval.

e.

Consider variances associated with a special use site plan that relate to matters other than setbacks or dimensional requirements.

f.

Vary the terms of this article.

(8)

Decision final. The decision of the ZBA shall be final, but shall be subject to review by the circuit court and may be appealed to the circuit court, as provided in sections 605 through 607 of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3605—125.3607). The circuit court may order the ZBA to rehear a case in the event that the court finds that the record of the ZBA is inadequate to make the proper review, or that there is additional evidence that is material and with good reason was not presented to the ZBA.

(Ord. of 7-16-1992, § 23.04; Ord. of 3-11-2010, § 23.04)

State law reference— Zoning board of appeals, MCL 125.3601 et seq.

(a)

Overview. Certain actions necessary for the implementation of this chapter shall be administered by the building official, the township clerk, the township planner, and other township officials and/or the duly authorized assistants or representatives of these officials. In carrying out their designated duties, all enforcement officers shall be required to administer this chapter precisely as it is written. No enforcement official shall make changes or vary the terms of this chapter.

(b)

Responsibilities of the township building official. In addition to specific responsibilities related to the enforcement and administration of the this chapter and the state construction code, the building official or duly authorized assistants shall have the following responsibilities:

(1)

Provide citizens and public officials with information relative to this chapter and related matters.

(2)

Provide direction to applicants in determining and completing appropriate procedures related to site plan review, rezoning, and other zoning matters.

(3)

Review applications for site plan review, special land use review, and planned development, provide recommendations regarding the content of said plans and take any action required under guidelines stated within this chapter.

(4)

Issue building or other appropriate permits when all provisions of this chapter and other applicable ordinances are met.

(5)

Issue certificates of occupancy in accordance with this chapter when all provisions of this chapter and other applicable regulations, ordinances and codes are met.

(6)

Perform inspections of buildings, structures, and premises to ensure that the land use or improvements to the land are and will remain in compliance with this chapter.

(7)

Initiate and perform investigations into alleged violations of this chapter and proceed with appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revocation of permits.

(8)

Maintain records as accurately as is feasible for all nonconforming uses, structures, and lots that exist on the effective date of the ordinance from which this chapter is derived, updating the record as conditions affecting the nonconforming status of such uses changes.

(9)

Maintain the current official zoning map of the township and an up-to-date zoning ordinance text by recording all adopted amendments.

(10)

Prepare and administrate budgetary matters regarding the implementation of this chapter.

(11)

Review all applications for site plan review, special land use review, and planned development, and take any action required under guidelines stated within this chapter.

(12)

Forward to the planning commission completed applications for site plan review, special land use review, planned unit development proposals, petitions for amendments to this chapter, and other matters that must be reviewed by the planning commission.

(13)

Forward to the zoning board of appeals all materials related to applications for appeals, variances, or other matters on which the zoning board of appeals is required to act.

(14)

Forward to the township board all recommendations of the planning commission concerning matters on which action is either mandatory or discretionary on the part of the council.

(15)

Periodically report to appropriate township policy makers on the status of township's zoning and planning administration.

(16)

Perform other related duties required to administer this chapter.

(c)

Responsibilities of the township clerk. In addition to specific responsibilities outlined elsewhere in this chapter, the township clerk or duly authorized representatives shall have the following responsibilities:

(1)

Publish all notices required by this chapter.

(2)

Record or cause to be recorded and prepare the official minutes of all meetings of the planning commission and zoning board of appeals.

(3)

Maintain official records and file all official minutes and documents in an orderly fashion.

(4)

Perform other related duties required to administer this chapter.

(d)

Responsibilities of the township planner. The township planner may be a member of township staff or a firm or organization retained on a consulting basis or the responsibilities may be shared by staff and a consultant. In addition to specific responsibilities outlined elsewhere in this chapter, upon request from the township board, the planning commission, any authorized department head, or other authorized township body or official, the township planner shall fulfill following responsibilities:

(1)

Prepare and administer such plans and ordinances as are appropriate for the township and its environs, within the scope of the appropriate state planning and zoning enabling acts.

(2)

Advise and assist the planning commission and be responsible for carrying out the directives of the planning commission.

(3)

Advise and assist the township board and other authorized township bodies or officials and be responsible for carrying out their directives.

(4)

Provide citizens and public officials with information relative to this chapter and related matters.

(5)

At request of the township, review applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines stated in this chapter.

(6)

At the request of the planning commission or township board, draft amendments to this chapter and other ordinances to accomplish the planning objectives of the township.

(7)

Periodically report to the planning commission on the status of township's zoning and planning administration.

(8)

Perform other related duties required to administer this chapter.

(Ord. of 7-16-1992, § 23.05)

(a)

Site plan required. Prior to construction and/or occupancy the following shall require site plan approval pursuant to this article, except as provided in the subsection (b) of this section:

(1)

The development of any new use;

(2)

The construction of any new structure;

(3)

A change in the existing use of land or structure that impacts any requirement stated in this chapter; and/or

(4)

All other building or development activities. For example, site plan review is required for any of the following activities:

a.

Erection, moving, relocation, conversion or structural alteration to a building or structure to create additional floor space, other than a single-family dwelling.

b.

Any development that would, if approved, provide for the establishment of shared access, parking, open space, or the like, such as, a single-family site condominium or similar project where a single parcel is developed to include two or more sites for detached single-family dwellings.

c.

Development of non-single-family residential uses in single-family districts.

d.

Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within this chapter.

e.

The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single-family dwelling.

f.

Any use or construction for which submission of a site plan is required by any provision of this chapter.

(b)

Site plan not required. Site plan approval is not required for the following activities:

(1)

Construction, moving, relocating or structurally altering a single- or two-family home, including any customarily incidental accessory structures.

(2)

Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to single-family uses described in this subsection for which site plan approval is not required.

(3)

A change in the ownership of land or a structure.

(4)

A change in the existing use of a structure to a new, but similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of this chapter and that the site maintains full and continuing compliance with this chapter.

(Ord. of 7-16-1992, § 22.02A)

(a)

Submission of site plan for review by planning commission. In order to initiate formal review by the planning commission, the applicant is required to submit the following to the building official:

(1)

Three completed and signed copies of an application for site plan review.

(2)

14 individually folded copies of the site plan.

(3)

Evidence that the plan has been submitted for review to affected county, state, and federal agencies, including but not limited to the county road commission, the county drain commissioner, the county health department, and the state department of transportation.

(4)

The required township review fees.

These materials must be submitted to the building official at least 14 calendar days prior to the planning commission meeting at which the review will occur.

(b)

Distribution of plans. Upon submission of all required application materials, the proposed site plan shall be placed on a planning commission meeting agenda. The site plan and application shall be distributed by the building official to appropriate township officials and the township planner for review. If deemed necessary by the building official, the plans may also be submitted to the township engineer for review.

(Ord. of 7-16-1992, § 22.02B)

(a)

Initial review. The planning commission shall review the reports of the appropriate township staff and consultants and discuss the findings and recommendations with the applicant.

(b)

Request for revisions. Upon review of the site plan proposal, the planning commission may require the applicant to revise the plans or supply additional information. In such case, the applicant shall submit the revised plans for review prior to formal action being taken. All review fees must be paid in advance of a review. It shall be the applicant's responsibility to consult with township staff and consultants during this revision process.

(c)

Public hearing. A site plan involving uses subject to special land use approval or planned development shall require a public hearing. After payment of appropriate fees, the building official may set the date of the public hearing for a regularly scheduled meeting of the planning commission at the building official's discretion. Notice of the public hearing shall be given in accordance with division 12 of this article.

(d)

Submission of plans for final review. Should changes be required on a proposed plan, 14 individually folded copies of the revised plan shall be submitted for review at least ten days prior to the planning commission meeting at which review is scheduled. Any revised plan shall be distributed to the appropriate reviewing parties by the building official.

(e)

Final action. The planning commission is authorized to take the following final action on a site plan, subject to the guidelines in this chapter:

(1)

Approval. Upon determination that a site plan is in full compliance with the standards and requirements of this chapter and other applicable township ordinances, approval shall be granted.

(2)

Approval with conditions. Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. Conditions may include the requirement to obtain variances or contingent to approvals from other governmental agencies. If a plan is approved subject to conditions, the applicant shall submit a revised plan with a revision date, indicating the changes, and in full compliance with the required conditions. The planning commission may require that the applicant resubmit the site plan for final approval after conditions have been met. The planning commission may waive its right to review the revised plan, and delegate authority to the building official to review and approve a revised site plan on the commission's behalf after required conditions have been addressed. The planning commission may require that the building official secure a favorable recommendation from the township planner and/or township engineer prior to final approval of the revised plan and issuance of building permit.

(3)

Denial. Approval of the site plan shall be denied upon determination by the planning commission that:

a.

A site plan does not comply with the standards and regulations set forth in this chapter; or

b.

The plan, as submitted, requires extensive revision to comply with standards and regulations.

(4)

Table the site plan. The planning commission may table consideration of a site plan until a later meeting upon determination that a site plan is not sufficiently complete for approval or rejection, or based upon a request by the applicant.

(f)

Recording of site plan review action. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the planning commission. The grounds for action taken upon each site plan shall also be recorded in the minutes. After the planning commission has taken final action on a site plan, the planning commission secretary shall clearly mark three copies of the application and plans approved or denied, as appropriate, with the date that action was taken. One marked copy will be returned to the applicant and the other two copies will be kept on file by the township by the building official.

(g)

Procedure after site plan approval.

(1)

Building permit. Following final approval of the site plan by the planning commission, the applicant may apply to the township for a building permit. The issuance of a building permit shall be subject to the review of construction plans by the building department, and, if deemed necessary by the building official, the township engineer. It shall be the responsibility of the applicant to obtain all applicable township, county or state permits prior to issuance of a building permit.

(2)

Approval expiration. Site plan approval becomes null and void if substantial construction has not commenced within 12 months following the final approval of the site plan by the planning commission, or if construction has not been completed within 12 months after it commenced following the issuance of a building permit. In such a case, the applicant shall file a new application. Review by the planning commission of the new application and site plan shall be required.

(3)

Approval extensions. Upon the written request of the applicant and prior to the expiration of a previously granted approval, the planning commission may review the circumstances surrounding the failure of an applicant to meet required deadlines. The planning commission may grant an extension of up to 12 additional months, if it finds that the approved site plan continues to adequately represent current conditions on and surrounding the site and that the site plan conforms to the standards of all the township regulations in effect at the time of the applicant's request for an extension.

(4)

Application for certificate of occupancy. Following building construction and completion of site work, the applicant may apply to the township for a certificate of occupancy or a temporary certificate of occupancy from the building official in accordance with the procedures set forth in division 8 of this article. It shall be the applicant's responsibility to obtain all required certificates prior to any occupancy of the property.

(5)

Site maintenance after approval. It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until:

a.

The property is razed;

b.

New zoning regulations supersede the regulations upon which site plan approval was based; or

c.

A new site design is approved following planning commission review.

Any property owner who fails to maintain a site in compliance with a site plan as approved by the planning commission, shall be deemed in violation of the use provisions of this chapter and shall be subject to the penalties stated in division 10 of this article.

(h)

Revocation. An approved site plan may be revoked by action of the planning commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the site plan shall be placed on the agenda of a planning commission meeting for a public hearing. The building official shall cause written notice to be provided to the applicant at least ten calendar days prior to the meeting and shall publish notice of said hearing no later than five calendar days prior to the date and time of the public hearing to be given in accordance with division 12 of this article. The notice shall reduce all alleged inconsistencies and violations to writing. The building official, the applicant, and other interested persons shall be allowed to present information and testimony to the planning commission at the hearing. If the planning commission finds that an inconsistency or violation of the approved site plan exists at the time of the hearing, then, by a majority vote of attending members, the planning commission may revoke the approval of the site plan and order the site returned to its original condition by a date certain. Failure to comply with such an order of the planning commission shall be deemed a violation of the use provisions of this chapter and shall be subject to the penalties stated in division 10 of this article.

(i)

Modification to approved plan. A site plan approved according to the procedures of this chapter may be modified, subject to the following requirements:

(1)

Review of a minor modification.

a.

Minor modification to approved site plan. A minor modification to an approved site plan may be reviewed and approved by the building official, provided that the modification does not involve any one of the following items:

1.

A request for a variance;

2.

A special land use;

3.

A discretionary decision such as a planned development plan; or

4.

The continuation of a nonconforming use or structure.

b.

Minor modification defined. Minor modifications are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards. Examples of minor modifications include:

1.

An addition to an existing building that increases or decreases the floor space by less than 25 percent of the existing total floor area up to a maximum of 3,000 square feet.

2.

Reoccupancy of a building by a similar use permitted by this chapter.

3.

Changes to building height that do not add an additional floor.

4.

Additions or alterations to the landscape plan or landscape materials.

5.

Relocation or resizing utility supply lines or service connections.

6.

Relocation or screening of the trash receptacle.

7.

Alterations to the internal parking layout of an off-street lot in which the total available spaces is unchanged.

Construction of a new building or structure, adding or deleting parking spaces, increasing stories of a building or the introduction of additional curb cuts onto a public road are examples of modifications that shall not be considered minor.

c.

Determination of minor modification. The building official shall determine if the proposed modifications are minor in accordance with the guidelines in this section. In order to make a determination, the building official may solicit comments and recommendations from the township attorney, township planner, township engineer, and public safety officials, as deemed necessary.

(2)

Modifications not deemed minor. If the modifications are not deemed minor by the building official, then review and approval of the changes by the planning commission shall be required. planning commission review shall be required for all site plans that involve:

a.

A request for a variance;

b.

A special land use;

c.

A discretionary decision such as a planned development plan; or

d.

The continuation of a nonconforming use or structure.

Review and approval of the township board shall be required for a modifications to a site plan that required township board approval.

(3)

Recording of action. Each modification of a site plan shall be duly recorded in writing on a copy of the approved plan, and shall be kept on file in the office of the building official. The planning commission shall be advised of all minor site plan modifications approved by the building official and such modifications shall be noted on the site plan and in the minutes of the planning commission.

(Ord. of 7-16-1992, § 22.02C)

The following information shall be included on all site plans, where applicable:

(1)

Application form. The application form shall contain the following information:

a.

Applicant's name and address.

b.

Name and address of property owner, if different from applicant.

c.

Common description of property and complete legal description including the parcel tax identification (Sidwell) numbers.

d.

Total gross and net acreage of the site.

e.

Existing zoning.

f.

Proposed use of land and name of proposed development, if applicable.

g.

Proposed buildings to be constructed, including square feet of gross floor area.

h.

Proof of property ownership.

i.

Employment opportunities created, if applicable.

j.

Names, addresses, and telephone numbers of engineers, attorneys, architects, and other professionals associated with the project or serving as agent.

(2)

Descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 20 feet for property less than one acre, one inch equals 30 feet for property larger than one acre but less than three acres, and one inch equals 50 feet for property larger than three acres. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all site plans:

a.

Applicant's name and address, and telephone number.

b.

Title block indicating the name of the development.

c.

Scale.

d.

North point.

e.

General location map drawn to scale with north point.

f.

Dates of submission and revisions (month, day and year).

g.

Legal and common description of property, including parcel identification (Sidwell) numbers.

h.

The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.

i.

A schedule for completing the project, including the phasing or timing of all proposed developments.

j.

Identification and seal of an architect, engineer, land surveyor, licensed community planner or landscape architect who prepared plan.

k.

Written description of proposed land use.

l.

Zoning classification of applicant's parcel and all abutting parcels.

m.

Distance to driveways serving adjacent parcels.

n.

Distance to major thoroughfares.

o.

Notation of any variances that have or must be secured.

p.

Net acreage (minus rights-of-way) and total acreage, to the nearest tenth of an acre.

(3)

Site data.

a.

Existing lot lines, building lines, structures, parking areas, and other improvements on the site and on parcels within 100 feet of the site.

b.

Front, side, and rear setback shown with dimensions from minimum locations.

c.

Topography on the site within 100 feet of the site at two-foot contour intervals, as referenced to a USGS benchmark.

d.

Proposed site features, including buildings, roadway widths and names, and parking areas.

e.

Dimensions and centerline of existing and proposed roads and road rights-of-way.

f.

Acceleration, deceleration, and passing lanes, where required.

g.

Proposed location of driveway entrances and on-site driveways shown with the dimensions of minimum and maximum widths noted.

h.

Typical cross section of proposed roads and driveways.

i.

Location of existing drainage courses and drains, open or enclosed and with elevations and/or inverts.

j.

Location of existing or proposed underground improvements such as storage tanks, culverts, and water gates.

k.

Location of sidewalks within the site and within the right-of-way.

l.

Exterior lighting locations and method of shielding.

m.

Trash receptacle locations and method of screening, if applicable.

n.

Transformer pad locations and method of screening, if applicable.

o.

Parking spaces, including delineated handicap spaces, typical dimensions of spaces, indication of total number of spaces, drives, and method of surfacing.

p.

All information needed to calculate required parking in accordance with chapter standards.

q.

The location of lawns and landscaped areas, including required landscaped greenbelts. The percentage of the site used for open space.

r.

Landscape plan, including location, size, type and quantity of proposed shrubs, trees and other live plant material. A maintenance plan for landscaping shall be stated on the plan.

s.

Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot above grade, before and after proposed development.

t.

Cross section of proposed berms.

u.

Location, description, and county register of deeds filing identification of all easements for public right-of-way, utilities, access, shared access, and drainage.

v.

Designation of fire lanes.

w.

Delineation of dedicated loading/unloading area.

x.

The location of any outdoor storage of materials and the manner by which it will be screened.

(4)

Building and structure details.

a.

Location, height, and outside dimensions of all proposed buildings or structures.

b.

Indication of the number of stores and number of commercial or office units to be contained within the building.

c.

Building floor plans.

d.

Total floor area.

e.

Proposed usable floor area.

f.

Location, size, height, and lighting information of all proposed signs.

g.

Proposed fences and walls, including typical cross section and height above the ground on both sides.

h.

Architectural elevations of building facades and walls, drawn to a scale of one inch equals four feet, or another scale approved by the building official and adequate to determine compliance with the requirements of this chapter. Elevations of proposed buildings shall indicate type of building materials, roof design, dimensions of projections and architectural features, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers and related screening.

(5)

Information concerning utilities, drainage, and related issues.

a.

Schematic layout of existing and proposed sanitary sewers connections; water mains, and water service leads; hydrants locations that service the site; and, the location and size or capacity of gas, electric, and telephone lines supply lines and building leads.

b.

Location and size or capacity of exterior drains, catchbasins, retention/detention areas, culverts and other facilities designed to collect store, or transport storm or waste water. The point of discharge for all drains and pipes must be specified on the site plan. Compliance with township discharge standards must be noted.

c.

Indication of site grading, drainage patterns, and proposed contours.

d.

Soil erosion and sedimentation control measures.

e.

Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.

f.

Listing of types and quantities of hazardous substances and polluting materials that will be used or stored on-site at the facility in quantities greater than 25 gallons per month.

g.

Areas to be used for the storage, use, loading/unloading, recycling, or disposal of hazardous substances and polluting materials, including interior and exterior areas.

h.

Location of underground storage tanks.

i.

Delineation of areas on the site that are known or suspected to be contaminated, together with a report on the status of site cleanup.

(6)

Information concerning residential development.

a.

The number, type and location of each type of residential unit (one-bedroom units, two-bedroom units, etc.).

b.

Density calculations by type of residential unit (dwelling units per acre).

c.

Existing and proposed lot coverage calculations.

d.

Floor plans of typical buildings stating square feet of floor area and a summary of units by number of bedrooms.

e.

Garage and carport locations and details, if proposed.

f.

Details of the pedestrian circulation system.

g.

Location and names of roads and internal drives with an indication of how the proposed circulation system will connect with the existing adjacent roads. The plan must indicate whether roadways are intended to be private or dedicated to the public.

h.

Community building location, dimensions, floor plans, and architectural elevations, if applicable.

i.

Swimming pool fencing detail, including height and type of fence, if applicable.

j.

Location and size of recreation open areas.

k.

Indication of type of recreation facilities proposed for recreation area.

(7)

Additional information.

a.

Information related to condominium development. The following information shall be provided with all site plans that include a development involving condominium ownership:

1.

Condominium documents, including the proposed master deed, condominium bylaws, restrictive covenants, and easements.

2.

Condominium subdivision plan requirements, as specified in section 66 of Public Act No. 59 of 1978 (MCL 559.101 et seq.), and rule 401 of the condominium rules promulgated by the state department of energy, labor and economic growth.

b.

Items not applicable. If any of the items listed are not applicable to a particular site, the following must be provided on the site plan:

1.

A statement of each item considered not applicable.

2.

The reasons why each listed item is not considered applicable.

c.

Other data that may be required. Other data, studies, or reports may be required if deemed necessary by the planning commission or building official to determine compliance with this chapter.

(Ord. of 7-16-1992, § 22.02D)

The following criteria shall be used as a basis upon which site plans will be reviewed and approved:

(1)

Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.

(2)

Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining land uses, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this chapter.

(3)

Appearance. Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.

(4)

Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the schedule of regulations (article III, division 12 of this chapter), unless otherwise provided in this chapter.

(5)

Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and uses.

(6)

Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

(7)

Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.

(8)

Pedestrian circulation. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system.

(9)

Vehicular and pedestrian circulation layout. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing streets or pedestrian ways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry. In order to ensure public safety and promote efficient traffic flow and turning movements the applicant may be required to limit street access points or construct a secondary access road.

(10)

Drainage. Appropriate measures shall be taken to ensure that the removal or drainage of surface water will not adversely affect adjoining properties or the capacity of the public drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater collection, storage and transportation facilities, and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review by the building official or the township engineer.

(11)

Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with current county and township standards.

(12)

Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties, visual glare is minimized, and so that it does not impede vision of drivers along adjacent streets.

(13)

Public services. Adequate services and utilities, including water, sewage disposal, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to property serve the development.

(14)

Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height.

(15)

Danger from hazards. The level of vulnerability to injury or loss from incidents involving hazardous materials or processes shall not exceed the capability of the township to respond to such hazardous incidents so as to prevent injury and loss of life and property. In making such an evaluation, the township shall consider the location, type, characteristics, quantities, and use of hazardous materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the township. Sites that include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, and public sewer system.

(16)

Health and safety concerns. Any use in any zoning district shall comply with applicable federal state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and, toxic and hazardous materials.

(17)

Sequence of development. All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.

(18)

Coordination with adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be coordinated with adjacent properties.

(Ord. of 7-16-1992, § 22.02E)

(a)

The procedures and standards in this section are intended to provide a consistent and uniform method for review of special use proposals. special uses are uses, either public or private, that possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district.

(b)

These review procedures and standards are intended to accomplish the following purposes:

(1)

Ensure full compliance with the standards contained in this chapter and other applicable local ordinances, and state and federal laws.

(2)

Achieve efficient use of the land.

(3)

Prevent adverse impact on adjoining or nearby properties.

(4)

Protect natural resources.

(5)

Facilitate development in accordance with the township's land use objectives.

(Ord. of 7-16-1992, § 22.03A)

Special use applications shall be submitted in accordance with the following procedures and requirements, that provide for review and action by the planning commission, followed by optional review by the township board. Although a site plan must be submitted with a special use application, approval of the special use as an activity is required prior to site plan review and approval:

(1)

Applicant eligibility. The application shall be submitted by the owner of an interest in land for which special use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal shall be tabled by the planning commission.

(2)

Application forms and documentation. The application for special use shall be made on the forms and according to the guidelines established by the building official.

(3)

Application data requirements. A site plan shall be submitted with the special use application. In addition, the applicant shall complete any forms and supply any other data that may be required by the planning commission, township board, or township staff to make the determination required, herein. The applicant shall provide all necessary written or graphic materials to document compliance with the standards set forth in section 32-106, and other regulatory guidelines specified for particular special uses elsewhere in this chapter.

(4)

Site plan preparation. The site plan shall be prepared in the manner specified in division 3 of this article and on the special use application form. A site plan that does not meet these stipulated requirements shall be considered incomplete and shall not be reviewed.

(5)

Submission of a completed plan. The special use application materials, required fees, and 25 copies of the completed site plan shall be submitted to the building department for review.

(6)

Review by the building official. The building official may review the site plan and application materials, and may prepare a written review specifying any deficiencies in the site plan and application and make recommendations as appropriate.

(7)

Submission of a revised plan and special use application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the building official's initial review. The applicant shall submit 25 copies of the revised plan for review by the planning commission.

(8)

Planning commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:

a.

Acceptance for processing. The application shall be placed on the agenda of a scheduled planning commission meeting and a public hearing shall be scheduled.

b.

Public hearing. Notice of the public hearing shall be given in accordance with division 12 of this article.

c.

Planning commission review. Following the public hearing, the special use proposal and plan shall be reviewed by the planning commission, based upon the standards and regulations in this section.

d.

Plan revision. If the planning commission determines that revisions are necessary to bring the special use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the special use proposal shall be placed on the agenda of a scheduled meeting of the planning commission for further review and possible action.

(9)

Planning commission determination. The planning commission shall review the application for special use, together with the public hearing findings and reports and recommendations from the building official, township planner, township engineer, public safety officials, and other reviewing agencies. The planning commission shall then make a determination on the special use application, based on the requirements and standards of this chapter. The planning commission may approve, approve with conditions, or deny a special use request as follows:

a.

Approval. Upon determination by the planning commission that the final plan for special use is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, approval shall be granted.

b.

Approval with conditions. The planning commission may impose reasonable conditions with the approval of a special use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements:

1.

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

2.

Conditions shall be related to the valid exercise of the police power and purposes that are affected by the proposed use or activity.

3.

Conditions shall be necessary to meet the intent and purpose of this chapter, related to the standards established in this chapter for the land use or activity under consideration, and necessary to ensure compliance with those standards.

c.

Denial. Upon determination by the planning commission that a special use proposal fails to comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the township, the special use proposal shall be denied.

For all special land use decisions, the planning commission shall prepare and transmit to the township board a report to the township board stating its findings and conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision relative to the special land use. The report shall specify the basis for the decision and any conditions imposed as part of the decision.

(10)

Submission of plans for township board review. After the planning commission makes its determination, the special use application and site plan shall be submitted to the township board for possible consideration. The township board shall have 30 calendar days to consider the application in a public meeting or to decide by resolution that they will consider the application at a future public meeting. If the township board takes no action or decides not to take the application under consideration, the decision by the planning commission shall become final. If the township board considers and acts on the application, then the planning commission's decision shall be considered a recommendation and the decision by the township board shall become final.

(11)

Public hearing. If the township board chooses to consider a special use application, it shall first schedule a public hearing, notice of which shall be given in accordance with division 12 of this article.

(12)

Township board determination. The township board shall make a determination based on review of the application and site plan together with the findings of the planning commission, and the reports and recommendation from the building official, township planner, township engineer, public safety officials, and other reviewing agencies. Following completion of its review, the township board shall approve, approve with conditions, or deny a special use proposal in accordance with the guidelines described previously in subsection (9) of this section.

(13)

Recording of planning commission and township board action. Each action taken with respect to a special use shall be duly recorded in the minutes of the planning commission or township board, as appropriate. The minutes shall record the findings of fact relative to each special use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.

(14)

Effect of approval. Upon approval, a special use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located.

(15)

Zoning board of appeals authority. The zoning board of appeals shall not have the authority to consider an appeal of any action by the township board or planning commission concerning a special use proposal. The zoning board of appeals shall have authority to consider variances associated with a special use site plan that relate to setbacks and dimensional requirements.

(16)

Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

a.

Final approval of the special use application.

b.

Final approval of the site plan.

c.

Final approval of the engineering plans.

d.

Acquisition of all other applicable township, county, or state permits.

(17)

Expiration of special use approval. If construction has not commenced within 12 months of date of final special use approval, the approval becomes null and void and a new application for special use shall be required. Upon written request from the applicant, a 12-month extension may be granted by the body making the final decision on the special use request, if it finds that the approved special use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received from the applicant prior to the site plan expiration date or a new application for special use review will be required.

(18)

Revocation of special use approval. Approval of a special use proposal and site plan may be revoked by the body that made the final decision if construction is not in conformance with the approved plans. In such a case, the building official shall ask that the special use proposal be placed on the agenda of the planning commission or township board, as appropriate. Written notice shall be provided to the applicant at least five calendar days prior to the meeting at which the case will be considered. The applicant shall be provided an opportunity to present information and to answer questions. The planning commission or township board, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.

(19)

Performance guarantee. The planning commission or township board may require that a performance guarantee be deposited with the township to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements in section 32-634.

(Ord. of 7-16-1992, § 22.03B; Ord. of 3-11-2010, § 22.03)

Approval of a special use proposal shall be based on the determination that the proposed use will comply will all applicable requirements of this chapter, including site plan review criteria set forth in division 4 of this article, applicable site development standards for specific uses set forth elsewhere in this chapter, and the following standards:

(1)

Compatibility with adjacent uses. The proposed special use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

a.

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

b.

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

c.

The hours of operation of the proposed use. approval of a special use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

d.

The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

(2)

Compatibility with the master plan. The proposed special use shall be consistent with the general principles and objectives of the adopted township master plan.

(3)

Compliance with applicable regulations. The proposed special use shall be and shall remain in compliance with all applicable federal, state, and local ordinances.

(4)

Use of adjacent property. The special use shall not interfere with the use and enjoyment of adjacent property.

(5)

Public services. The proposed special use shall not exceed the capacity of existing and available public services, including but not necessarily limited to utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the special use is completed.

(6)

Impact of traffic. The design of the proposed special use site shall minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:

a.

Proximity and access to major thoroughfares.

b.

Estimated traffic generated by the proposed use.

c.

Proximity and relation to intersections.

d.

Adequacy of driver sight distances.

e.

Location of and access to off-street parking.

f.

Required vehicular turning movements.

g.

Provision of pedestrian traffic.

(7)

Enhancement of surrounding environment. The proposed special use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:

a.

The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this chapter may be required as a condition of approval of a special use.

b.

The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.

(8)

Impact on public health, safety, and welfare. The proposed special use shall not involve any activities, processes, materials, equipment, or conditions of operation, nor shall it be located or designed in a manner that is detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.

(9)

Isolation of existing uses. The location of the proposed special use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed special use shall not result in a small nonresidential area being substantially surrounded by otherwise incompatible uses.

(10)

Need for the proposed use. The planning commission and/or township board shall find that a need for the proposed use exists in the community at the time the special use proposal is considered.

(Ord. of 7-16-1992, § 22.03C)

The purpose of this division is to provide guidelines and standards to be followed by the zoning board of appeals in considering requests for variances and appeals, where the jurisdiction of the board of appeals has been established by this chapter or by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-16-1992, § 22.04A; Ord. of 3-11-2010, § 22.04)

(a)

Amendment required. The approval of a planned development application shall require an amendment to this chapter to revise the zoning map and designate the subject property as planned development. Approval granted under this section, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.

(b)

Review procedures. Planned development applications shall be submitted in accordance with the following procedures and requirements, thus providing for detailed review of planned development proposals by the planning commission, followed by review and approval consideration by the township board:

(1)

Applicant eligibility. The application shall be submitted by the owner of an interest in land for which planned development approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled.

(2)

Application forms and documentation. The application for planned development shall be made on the forms and according to the guidelines specified by the building official.

(3)

Site plan preparation. The site plan shall be prepared in the manner specified in this section and on the planned development application form. A site plan that does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.

(4)

Submission of a completed plan. The planned development application materials, required fees, and sufficient copies of the completed site plan shall be submitted to the building department for review.

(5)

Review by the building official. The building official shall review the site plan and application materials, and prepare or cause to be prepared a written review, that shall specify any deficiencies in the site plan and make recommendations as appropriate.

(6)

Submission of a revised plan and planned development application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the building official's review. The applicant shall then submit sufficient copies of the revised plan for further review by the planning commission. Copies of the site plan and application shall also be transmitted to the township board for informational purposes.

(7)

Planning commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:

a.

Acceptance for processing. The application shall be placed on the agenda of a scheduled planning commission meeting for a public hearing.

b.

Public hearing. Notice of the public hearing shall be given in accordance with division 12 of this article, and the public hearing and notice required by this subsection shall be regarded as fulfilling the public hearing and notice requirements for amendment of this chapter. The planning commission and township board may hold a joint public hearing on a planned development application if they so desire.

c.

Planning commission review. Following the public hearing, the planned development proposal and plan shall be reviewed by the planning commission in relation to applicable standards and regulations and consistency with the intent and spirit of the planned development concept.

d.

Plan revision. If the planning commission determines that revisions are necessary to bring the planned development proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the planned development proposal shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

(8)

Planning commission determination. The planning commission shall review the application for planned development, together with the public hearing findings and reports, including recommendations from the building official, township planner, township engineer, public safety officials, and other reviewing agencies. The planning commission shall then make a recommendation to the township board, based on the requirements and standards of this chapter. The planning commission may recommend approval, approval with conditions, or denial as follows:

a.

Approval. Upon determination by the planning commission that the final plan for planned development is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, the planning commission shall recommend approval.

b.

Approval with conditions. The planning commission may recommend that the township board impose reasonable conditions with the approval of a planned development proposal, to the extent authorized by law, for the following purposes:

1.

To ensure that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development.

2.

To protect the natural environment and conserve natural resources and energy.

3.

To ensure compatibility with adjacent uses of land.

4.

To promote the use of land in a socially and economically desirable manner.

5.

To protect the public health, safety, and welfare of the individuals in the development and those immediately adjacent, and the community as a whole.

6.

To achieve the intent and purpose of this chapter. In the event that the planned development is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided herein.

c.

Denial. Upon determination by the planning commission that a planned development proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the township, the planning commission shall recommend denial. For all planned development decisions, the planning commission shall prepare and transmit to the township board a report to the township board stating its findings and conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision relative to the planned development. The report shall specify the basis for the decision and any conditions imposed as part of the decision.

(9)

Submission of plans for township board review. After the planning commission makes its recommendation, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for township board review.

(10)

Public hearing. Upon receipt of a planned development plan and application, the township board shall schedule a public hearing, unless a joint public hearing has already occurred, notice of which shall be given in accordance with division 12 of this article. The township board and the planning commission may hold a joint public hearing on a planned development application if they so desire.

(11)

Township board determination. The township board shall make a determination based on review of the final plan together with the findings of the planning commission, and the reports and recommendation from the building official, township planner, township engineer, public safety officials, and other reviewing agencies. Following completion of its review, the township board shall approve, approve with conditions, or deny a planned development proposal in accordance with the guidelines described previously in subsection (b)(8) of this section.

(12)

Recording of planning commission and township board action. Each action taken with respect to a planned development shall be duly recorded in the minutes of the planning commission or township board, as appropriate, respective decision-making body. The findings and conclusions relative to grounds for the action taken shall also be recorded in the minutes.

(c)

Effect of approval. Approval of a planned development proposal shall constitute an amendment to this chapter. All improvements and use of the site shall be in conformity with the planned development amendment as presented in the approved site plan and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in division 7 of this article. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved planned development unless an amendment is adopted by the township board upon request by the applicant or his successors.

(d)

Zoning board of appeals authority. The zoning board of appeals shall not have the authority to consider an appeal of a decision by the township board or the planning commission concerning a planned development proposal.

(e)

Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

(1)

Final approval of the site plan and planned development application.

(2)

Final approval of the engineering plans.

(3)

Acquisition of all other applicable township, county, or state permits.

(f)

Expiration of planned development approval. If construction has not commenced within 12 months of final approval, the approval becomes null and void and a new application for planned development shall be required. The township board may grant a 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date. In the event that an approved planned development plan becomes null and void, the township shall initiate proceedings to amend the zoning classification of the site.

(g)

Performance guarantee. The planning commission or township board may require that a performance guarantee be deposited with the township to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, lighting and sidewalks. The performance guarantee shall comply with the requirements in section 32-634.

(h)

Revision to approved plans.

(1)

General revisions. An approved planned development proposal and plan may be revised in accordance with the procedures set forth for approval of a new proposal.

(2)

Minor changes.

a.

Notwithstanding subsection (h)(1) of this section, minor changes may be permitted by the planning commission following normal site plan review procedures outlined in division 3 of this article, subject to the planning commission finding that:

1.

The proposed changes will not affect the initial basis on which initial approval was granted.

2.

The proposed minor changes will not adversely affect the overall planned development in light of the intent and purposes of such development as stated in section 32-567.

3.

The proposed changes will not affect the character or intensity of use, the general configuration of a buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns, or the demand for public services.

b.

Examples of minor changes include, but are not limited to:

1.

Additions or alteration to the landscape plan or landscape materials.

2.

Alterations to the internal parking layout of an off-street lot, provided that the total number of spaces does not change.

3.

Relocation of a trash receptacle.

4.

An increase in floor area of less than 20 percent of the initial total floor area up to 5,000 square feet.

(3)

Application data requirements. Applications for planned development approval shall include all applicable data required for site plan review as specified in division 3 of this article. In addition, the application shall include the following:

a.

An overall plan for the planned development. The overall plan shall graphically represent the development concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facilities and public areas; and other types of land use.

b.

A map and written explanation of the relationship of the proposed planned development to the township's master plan.

c.

Information concerning traffic generated by the proposed planned development. Sufficient information shall be provided to allow the township to evaluate the impact of the proposed development on adjoining roads. The following traffic-related information shall be provided: estimates of the volume of traffic generated by each use, the peak hour volume of traffic expected to be generated by the proposed development, a schematic drawing indicating vehicular movement through the site including anticipated turning movements, and measures being proposed to alleviate the impact of the development on the circulation system.

d.

Analysis of the fiscal impact of the proposed planned development on the operations of the township and the appropriate school district.

e.

Evidence of market need for the proposed uses and the feasibility of completing the project in its entirety. This requirement may be waived by the planning commission upon making the determination, based on existing evidence and knowledge about the local economy, that market support does exist for the proposed uses.

f.

Legal documentation of single ownership or control. The documentation shall be in the form of agreements, contracts, covenants, and deed restrictions that indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained at public expense will continue to be operated and maintained by the developers or their successors.

g.

A specific schedule of the intended development and construction details, including the phasing or timing of all proposed improvements.

h.

A draft of ownership and governance documents. These documents shall include the following:

1.

Deeds of ownership.

2.

Warranties guaranteeing ownership conveyed and described in the deeds.

3.

A list of covenants, conditions, and restrictions that are conditions of ownership upon the purchasers and owners in the planned development.

4.

Association bylaws (for example, condominium association bylaws) that describe how the association is organized; the duties of the association to operate, manage, and maintain common elements of the planned development; and, the duties of individual shareholders to manage and maintain their own units.

(Ord. of 7-16-1992, § 22.04B; Ord. of 3-11-2010, § 22.04)

The purpose of this division is to provide guidelines and standards to be followed by the zoning board of appeals in considering requests for variances and appeals, where the jurisdiction of the board of appeals has been established by this chapter or by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-16-1992, § 22.05A; Ord. of 3-11-2010, § 22.05)

(a)

Appeals. Generally, an appeal may be taken to the zoning board of appeals by a person, or by any office, department, board, or bureau aggrieved by a decision of the planning commission or any administrative or enforcement official or body charged with enforcement of this chapter.

(b)

Variances. Where there are practical difficulties preventing a property owner from conforming with the strict letter of this chapter, the zoning board of appeals shall have the power to authorize variances from the standards in this chapter, with such conditions and safeguards as it may determine to be necessary so that the spirit of this division is observed, public safety secured, and substantial justice done.

(Ord. of 7-16-1992, § 22.05B; Ord. of 3-11-2010, § 22.05)

An appeal to the zoning board of appeals shall stay all proceedings in furtherance of the appealed action, unless the building official certifies to the zoning board of appeals, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the circuit court.

(Ord. of 7-16-1992, § 22.05C)

(a)

Application to the zoning board of appeals. Variances and appeals for which zoning board of appeals action is sought shall be commenced by a person filing an application to the zoning board of appeals on forms as specified by the building official and accompanied by required fees. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signature of the property owner or owner's agent. Applications involving a request for a variance shall specify the section numbers containing the standards from which a variance is sought and the nature and extent of such variance.

(b)

Sketch plan requirements. Applications involving a specific site shall be accompanied by a sketch that includes the following information, where applicable.

(1)

Applicant's name, address, and telephone number.

(2)

Property identification (Sidwell) number, scale, north point, and dates of submission and revisions.

(3)

Zoning classification of petitioner's parcel and all abutting parcels.

(4)

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site.

(5)

For variances requested from any dimensional standard of this chapter, the sketch plan shall include verified measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is sought.

(6)

Any additional information required by the building official or the zoning board of appeals to make the determination requested herein.

Where an application to the zoning board of appeals involves a variance sought in conjunction with a site plan review by the planning commission, the application data requirements for site plan review as set forth in division 3 of this article shall be followed.

(c)

Review by the zoning board of appeals. The building official shall forward the application, along with any supporting materials and plans to the zoning board of appeals. Following receipt of a written request concerning a request for a variance, the building official or the zoning board of appeals shall fix a reasonable time and place for the hearing of the variance request and give notice in accordance with division 12 of this article. At the hearing, a party may appear in person or by agent or by attorney. Following receipt of a written request seeking an interpretation of this chapter or an appeal of an administrative decision, the building official or the zoning board of appeals shall fix a reasonable time and place for the hearing of the request. A notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person making the request not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the request and the time, date, and place of the public hearing on the request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used. At the hearing, a party may appear in person or by agent or by attorney.

(d)

Decision by the zoning board of appeals. 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 effect any variation in an ordinance adopted pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. With an affirmative decision, the board may impose conditions pursuant to section 604(7) of Public Act No. 110 of 2006 (MCL 125.3604(7). The decision of the zoning board of appeals shall be in writing and state the formal determination of the facts, the conclusions derived from the facts, and the decision with any conditions imposed by the board. The decision of the zoning board of appeals shall be final, but any party aggrieved by a decision of the board may appeal to circuit court within 30 days after the decision is certified or approved.

(e)

Record of appeal. The zoning board of appeals shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include:

(1)

The relevant administrative records and the administrative orders issued thereon relating to the appeal.

(2)

The notice of the appeal.

(3)

Such documents, exhibits, plans, photographs, or written reports as may be submitted to the board for its consideration.

The written findings of fact, the decisions, and the conditions imposed by the zoning board of appeals in acting on the appeal shall be entered into the official record, after being signed by the chairperson of the board, thereby effectuating the decision and any conditions imposed thereon.

(f)

Approval period. If construction has not commenced within 12 months after the zoning board of appeals grants a variance to permit the erection or alteration of a building, then the variance becomes null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the planning commission.

(Ord. of 7-16-1992, § 22.05D; Ord. of 3-11-2010, § 22.05)

Variances and appeals shall be granted only in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and based on the findings set forth in this section. The extent to which the following criteria apply to a specific case shall be determined by the board:

(1)

Criteria applicable to dimensional variances.

a.

Practical difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance.

b.

Substantial justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

c.

Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of this chapter will be observed and public safety and welfare secured.

d.

Extraordinary circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created.

e.

Preservation of property rights. A variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same zoning district.

f.

No safety hazard. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety.

g.

No impact on land values. The granting of a variance or appeal will not unreasonably diminish or impair the value of surrounding properties.

h.

Neighborhood character. The granting of a variance or appeal will not alter the essential character of the neighborhood.

i.

Light, and air. The granting of a variance or appeal will not impair the adequate supply of light and air to adjacent property.

j.

Promotes orderly development. The size, character and location of a development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.

k.

Traffic flow. A development permitted upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.

l.

No nuisance impacts. A development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights, or other undesirable impacts on surrounding properties.

m.

Impact on adjacent properties. The location, design, and height of buildings, structures, fences, or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use, or value of adjacent land or buildings.

n.

Relationship to adjacent land uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the township.

(2)

Criteria applicable to appeals. The board may reverse an order of an enforcement official only if it finds that the action or decision appealed:

a.

Was arbitrary or capricious;

b.

Was based on an erroneous finding of a material fact;

c.

Constituted an abuse of discretion; or

d.

Was based on erroneous interpretation of this chapter or zoning law.

(Ord. of 7-16-1992, § 22.05E; Ord. of 3-11-2010, § 22.05)

The township board may from time to time, at its own initiative or upon recommendation from the planning commission or on petition, amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.

(Ord. of 7-16-1992, § 22.06A; Ord. of 3-11-2010, § 22.06)

A petition for an amendment to revise the text of this chapter or an amendment to change the zoning classification of a particular property, shall be initiated by filing a petition on the forms supplied by the building department and must be accompanied by the fees specified. The petition shall clearly describe the proposed amendment and shall be signed by the applicant. In the case of for a text amendment, the proposed text shall be explicitly stated within the petition. Petitions for rezoning of a specific lot or parcel shall be accompanied by proof of ownership from the applicant and a plot plan or survey containing the following information:

(1)

Applicant's name, address, and telephone number.

(2)

Scale, north point, and dates of submission and revisions.

(3)

Zoning classification of petitioner's parcel and all abutting parcels.

(4)

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site.

(5)

Site dimensions, distance to centerline, and right-of-way widths of all abutting streets and alleys.

(6)

Location of natural features such as: existing drainage courses, floodplain, streams, and wooded lots.

(7)

All existing and proposed easements.

(8)

Location of sanitary sewer systems, existing and proposed.

(9)

Location and size of water mains and building service leads, existing and proposed.

(Ord. of 7-16-1992, § 22.06B)

(a)

Petition and supporting materials required. After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures:

(1)

Planning commission review. The petition shall be placed on the agenda of a regularly scheduled meeting of the planning commission. The planning commission shall review the petition for amendment in accordance with the procedures and public hearing and notice requirements set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). An amendment petition shall require a public hearing, the notice of which shall be given in accordance with division 12 of this article. Notice of the time and place of the hearing shall be given by mail to each utility company and railroad operating within the zoning district affected. If 11 or more adjacent properties are proposed for rezoning, the notice need not be sent by mail or personal delivery and the notice need not list individual addresses of the properties.

(2)

Action by the planning commission and township board. Following the hearing on the proposed amendment, the planning commission shall make written findings of fact that shall be transmitted together with the comments made at the public hearing and the commission's recommendation to the township board. The township board, at its discretion, may hold an additional hearing. The township board may by majority vote of its membership:

a.

Adopt. Adopt the proposed amendment.

b.

Reject. Deny the proposed amendment.

c.

Refer. Return the proposed amendment to the planning commission with comment for further review and recommendation within a specified time period. Thereafter, the township board may either adopt the amendment with or without the recommended revisions, or reject it.

d.

Protest. Whenever a written protest against a proposed amendment is presented to the township clerk, signed by the owners of at least 20 percent of the area included in the proposed change, or by all persons with an ownership interest of at least 20 percent of the area of land included within an area within 100 feet from any point on the boundary of the lot or parcel in the proposed change, excluding publicly owned land in calculating the 20 percent requirement, such amendment shall be passed only by an affirmative vote of three-fourths of the entire township board.

e.

Reconsideration of a proposed amendment. No application for a map amendment that has been denied by the township board shall be reconsidered by the township unless there have been substantial changes in the facts, evidence, and/or conditions in the case. Determination of whether there have been such changes shall be made by the planning commission at the time an application is initially reviewed.

(3)

Review considerations. The planning commission and township board shall, at minimum, consider the following before taking action on any proposed amendment:

a.

Will the proposed amendment be in accordance with the basic intent and purpose of the zoning ordinance?

b.

Will the proposed amendment further the comprehensive planning goals of the township?

c.

Have conditions changed since the zoning ordinance was adopted, or was there a mistake in the zoning ordinance, that justifies the amendment?

d.

Will the amendment correct an inequitable situation created by the zoning ordinance, rather than merely grant special privileges?

e.

Will the amendment result in unlawful exclusionary zoning?

f.

Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?

g.

If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?

h.

If a rezoning is requested, could all of the requirements in the proposed zoning classification be accommodated on the subject parcel?

(4)

Notice and record of amendment adoption. Following adoption of an amendment by the township board, notice shall be published in newspaper of general circulation in the township within 15 days after adoption, in accordance with section 401(7) of Public Act No. 110 of 2006 (MCL 125.3401(7). The notice shall include:

a.

A summary of either the regulatory effect of the amendment including the geographic area affected, or the text of the amendment;

b.

The effective date of the amendment; and

c.

The item and place where a copy of the ordinance may be purchased or inspected.

(b)

Recordkeeping and maintenance of map amendments. A record of all amendments shall be maintained by the township clerk. The master zoning map identifying all map amendments by number and date shall be maintained by the building official.

(Ord. of 7-16-1992, § 22.06C; Ord. of 3-11-2010, § 22.06)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration, renovation and repair include any changes in structural parts, stairway, entryway, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the state construction code, the Housing Law of Michigan (Public Act No. 167 of 1917 (MCL 125.401 et seq.), this chapter or other applicable ordinances of the township.

(Ord. of 7-16-1992, § 22.07A.2)

(a)

Required. A building permit or other appropriate permit shall be required as follows:

(1)

Prior to the erection, alteration, renovation, repair, demolition or removal of any building or structure.

(2)

Prior to the installation, extension, or replacement of plumbing, electrical, drainage, or similar utility systems.

(3)

Prior to the establishment of a new land use, whether the land is currently vacant or if a change in land use is proposed.

(4)

Prior to any change in use of an existing building or structure to a different class or type.

(b)

Application requirements. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted demonstrating that the proposed improvements comply with the provisions of this chapter and the state construction code. Applications for permits required by this section shall be filed with the building official on forms prescribed by that official. Each application shall be accompanied by a written explanation of the proposed improvements, and, if applicable, a plan of the site drawn to scale. Submitted plans shall be of sufficient detail for the official to determine whether the proposed improvements conform with this chapter, the state construction code, the state construction code act, Public Act No. 230 of 1972 (MCL 125.1501 et seq.), and other applicable laws and ordinances. A site plan submitted and approved by the planning commission in accordance with this chapter shall satisfy the requirements of this section as to detail of information. If a site plan is not required for the activity, the applicant must supply the following items, at a minimum:

(1)

The location, dimensions and parcel identification (Sidwell) number of the land parcel.

(2)

Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.

(3)

The existing and intended use of the parcel.

(4)

On residential parcels, the number of dwelling units contained within each building and the number of bedrooms per unit.

(5)

The name and address of all persons having an ownership interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.

(6)

All information required by the state construction code.

(7)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter will be complied with.

(c)

Conformity with applicable ordinances and approved plans. Except where a variance has been granted by the township zoning board of appeals or the township construction board of appeals, a building permit shall be issued only if the building official finds that the proposal conforms with the following after inspection of the application materials and plans:

(1)

This chapter;

(2)

The state construction code act, Public Act No. 230 of 1972 (MCL 125.1501 et seq.);

(3)

All township adopted codes; and

(4)

Other applicable laws and ordinances.

A building permit issued on the basis of a site plan approved by the planning commission shall incorporate full compliance with the approved site plan as a condition of the issuance of the permit. Modifications to an approved site plan shall be made only in compliance with this chapter. Use, layout, or construction at variance with approved plans or application materials shall be deemed a violation of this chapter and subject to penalties in accordance with division 10 of this article.

(d)

Expiration of permits. A building permit issued pursuant to the provisions of this chapter shall be consistent with the procedures stated within state construction code. Expiration and notification requirements of the applicable code shall be followed.

(e)

Inspection of completed work. The holder of a building permit issued pursuant to the requirements in this section shall provide adequate notice to the building official for a final inspection and review of a certificate of occupancy upon completion of the work authorized by the permit. No occupancy shall be allowed prior to approval of the final inspection.

(Ord. of 7-16-1992, § 22.07A)

A certificate of occupancy shall be required prior to occupancy or re-occupancy of any use of land, building or structure. The following guidelines shall apply to certificate of occupancy:

(1)

General requirements.

a.

Purpose. The purpose of a certificate of occupancy is to regulate the occupancy or use of land, buildings, or structures, thus ensuring compliance with adopted ordinance and codes of township.

b.

Certificates required. A certificate of occupancy shall be required to use failure to obtain a certificate of occupancy prior to commencing the use of property shall constitute a violation of this chapter, subject to the penalties set forth in division 10 of this article.

c.

Issuance of certificate. The certificate of occupancy shall be issued only after a determination by the building official of the following:

1.

The site complies with the provisions of this chapter;

2.

The site complies with the approved site plan and any conditions placed thereon;

3.

The construction complies with all requirements of the adopted township building and construction codes;

4.

The construction meets all adopted township engineering standards; and

5.

Outstanding township fees or charges have been paid.

d.

Temporary certificates. A temporary certificate of occupancy may be issued by the building official for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure, or premises meets the requirements in subsection (1)c of this section, and provided further that no threat to public safety exists. A performance guarantee may be required by the building official as a condition of obtaining a temporary certificate and in accordance with section 32-634. No temporary certificate of occupancy shall be granted for a period in excess of six months. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of this chapter, subject to the penalties set forth in division 10 of this article.

e.

Certificates for accessory buildings to dwellings. Accessory buildings or uses shown on the plot plan and completed at the same time as the principal use shall not require a separate certificate of occupancy and shall be included in the certificate of occupancy for the principal use on the same parcel. Accessory buildings and structures added to a site after the initial certificate of occupancy has been issued shall require a separate certificate of occupancy.

(2)

Period of validity. A final certificate of occupancy for a residential dwelling unit shall remain in effect for the life of the unit. A final certificate of occupancy for building or structure, or part thereof; other than a residential dwelling unit shall remain in effect as long as an approved operation conducted within the building or structure or use of the land continues. A certificate of occupancy shall be required for each new occupant of a building or structure upon a change in occupancy of the building, structure, or land with the exception of residential uses.

(3)

Records of certificates. A record of all certificate of occupancy shall be kept in the office of the building official. Copies of such certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.

(4)

Application requirements. An application for a certificate of occupancy shall be made on forms supplied by the building official and must be accompanied by the fees specified. A certificate of occupancy may be processed concurrently with an application for a building permit, if a building permit is required. The building official shall determine if a nonresidential occupancy change requires site plan review and approval by the planning commission pursuant to division 3 of this article.

(5)

Issuance of certificate. The enforcement official shall inspect a building or structure within five working days after notification by an applicant of the completion of a building or structure or other improvements. The building official shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land conforms with an approved site plan and the provisions of this chapter. If the request for a certificate of occupancy is denied, the applicant shall be notified in writing of the denial and the reasons for denial.

(Ord. of 7-16-1992, § 22.07B)

Any application for site plan review, review of a special land use proposal, review of a planned development proposal, request for a variance, request for inspection, request for a building or zoning permit, request for a certificate of occupancy, an amendment to this chapter, or other request for other action pursuant to the regulations set forth in this chapter shall be subject to and accompanied by a fee as established by the township board. Such fees shall be collected in advance of any reviews, inspections, or issuance of any permits or approvals. Upon notification of deficient payment of fees, the building official shall cause any permits to be suspended and reject applications for new permits directly associated with the project.

(Ord. of 7-16-1992, § 22.08A)

There shall be no fee in the case of applications filed in the public interest by the township board, a township department or commission, or the township building official.

(Ord. of 7-16-1992, § 22.08B)

The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in section 32-634.

(Ord. of 7-16-1992, § 22.08C)

Buildings erected, altered, razed or converted (including tents, mobile homes, and trailer coaches), or uses carried on in violation of any provision of this chapter are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.

(Ord. of 7-16-1992, § 22.09A)

Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same, who fails to comply with any of the provisions of this chapter or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of this chapter by the building official or any other enforcement official shall be deemed in violation of this chapter.

(Ord. of 7-16-1992, § 22.09B)

Any violation of this chapter shall constitute a misdemeanor. Any person who is convicted shall be subject to punishment by a fine not exceeding $500.00 or by imprisonment not exceeding 90 days for each offense, or both, at the discretion of the court. Each day a violation occurs or is continued shall constitute a separate offense. Furthermore, the owner, any party with an ownership interest or the occupant of any building, structure, premises, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of this chapter may each be found guilty of a separate offense and may be subject to the penalties provided herein. All costs of prosecution and the related administrative costs of any enforcement action shall also be assessed against the violator. The imposition of a fine or sentence shall not exempt the offender from ensuring compliance with the requirements of this chapter.

(Ord. of 7-16-1992, § 22.09C)

The building official may commence and pursue any and all necessary and appropriate actions or proceedings in the circuit court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute a lawsuit or join the township in such an action to abate the violation.

(Ord. of 7-16-1992, § 22.09D)

The rights and remedies set forth in this division shall not preclude the use of any other remedies provided by law, including, but not limited to, any additional rights of the township to initiate proceedings in an appropriate court of law to restrain or prevent noncompliance with any provisions of this chapter or to correct, remedy, or abate such noncompliance.

(Ord. of 7-16-1992, § 22.09E)

Any failure or omission to enforce the provisions of this chapter and failure or omission to prosecute any violations of this chapter, shall not constitute a waiver of any rights and remedies provided by this chapter or by law, and shall not constitute a waiver nor prevent any further prosecution of violations of this chapter.

(Ord. of 7-16-1992, § 22.09F)

Permanent and current records of this chapter, including, but not necessarily limited to, all maps, amendments, variances, appeals, special land uses, certificates of occupancy, and related applications, shall be maintained in the office of the building official.

(Ord. of 7-16-1992, § 22.10A)

Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the planning commission or zoning board of appeals shall be duly recorded and filed in the public records of the office of the township clerk.

(Ord. of 7-16-1992, § 22.10B)

A copy of any application, permit, certificate of occupancy, transcript of a public meeting, or other item of the public record, may be obtained from the appropriate township office in accordance with township policy and Public Act No. 442 of 1976 (MCL 15.231 et seq.), freedom of information act, upon written request and payment for reimbursement of specified costs.

(Ord. of 7-16-1992, § 22.10C)

Except as otherwise provided in this chapter, if the township is required to provide notice and a public hearing, the township shall:

(1)

Publish notice of the request in a newspaper of general circulation in the township;

(2)

Mail or personally deliver notice to the owners of property for which approval is being considered; and

(3)

Mail or personally deliver notice to all persons to whom real property is assessed within 300 feet of the subject property and to occupants of all structures within 300 feet of the subject property, regardless of whether the property or occupant is located in the township. If the name of an occupant is not known, the term "occupant" may be used.

(Ord. of 3-11-2010, § 22.11A)

The notice specified in section 32-326 shall be given not less than 15 days before the date the application will be considered for approval.

(Ord. of 3-11-2010, § 22.11B)

The notice shall do all of the following:

(1)

Describe the nature of the request;

(2)

Indicate the property that is the subject of the request by street address, or if none, other appropriate descriptive terms;

(3)

State when and where the request will be considered; and

(4)

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

(Ord. of 3-11-2010, § 22.11C)