All powers, duties, and responsibilities for a zoning board as provided by Public Act No. 110 of 2006 (MCL 125.3101 et seq.) are hereby transferred to the township planning commission in accordance with section 301 of such act (MCL 125.3301).

(Comp. Ords. 1994, § 15.077; Ord. No. 1, § 3.17, 8-19-1974; Ord. of 5-15-1980)

(a)

Notice of violation. The zoning inspector shall serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, use or occupancy of a structure or lot in violation of the provisions of this chapter, or in violation of a certificate of occupancy issued hereunder. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

(b)

Prosecution of violation. If the notice of violation is not complied with promptly, the zoning inspector shall request the township attorney to institute appropriate proceedings. Such action shall be to restrain, correct, or abate such violation or to require the removal or termination of the unlawful use of the lot or structure which is in violation of the provisions of this chapter or of the order or direction made pursuant thereto.

(c)

Abatement of violation. The imposition of the penalties prescribed in this section shall not preclude the township attorney from instituting appropriate action:

(1)

To prevent unlawful construction;

(2)

To restrain, correct, or abate a violation;

(3)

To prevent illegal occupancy of a structure or premises; or

(4)

To stop an illegal act, conduct, business, or use of a structure or premises.

(d)

Stop work order. Upon notice from the zoning inspector that work on any structure or premises is being conducted contrary to the provisions of this chapter, such work shall be immediately stopped. The stop work order shall be posted on the property. The stop work order shall also be in writing and shall be given to the owner of the property involved, to the owner's agent, or to the person doing the work, and shall state the conditions under which the work may be resumed. Any person who shall continue any work in or about the structure or premises after having been served with a stop work order, except work as such person is directed by the zoning inspector to perform to remove violations or unsafe conditions, shall be subject to the penalties in subsections (a) through (d) of this section.

(e)

Public nuisance per se. Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after the effective date of the ordinance from which this chapter is derived, in violation of any of the provisions of this chapter, is declared to be a public nuisance per se, and may be abated by order of a court of competent jurisdiction.

(Comp. Ords. 1994, § 15.880; Ord. No. 1, § 58.10, 8-19-1974; Ord. of 5-15-1980; Ord. of 11-5-1985)

In addition to the cost of the required permit, other fines, penalties, and remedies provided for violation of this section, any person or other entity who violates the following provisions of this section is responsible for municipal civil infraction as defined by Michigan law subject to a civil fine determined in accordance with the following schedule:

(1)

For violation of the provisions of this section governing the operation of specially permitted land uses in all districts, including the failure to obtain a special land use permit:

(2)

For violation of any other provision of this section:

(3)

For violation of all provisions of this section, the violator shall pay cost, which shall include all direct and indirect expenses to which the township has been put in connection with the violation. A violator of this section shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of this section continues to exist constitutes a separate violation.

(Comp. Ords. 1994, § 46.002; Ord. No. 33, § 2, 1-31-1996; Ord. No. 15-2, 10-6-2015)

The office of zoning inspector is hereby created. The zoning inspector shall be appointed by the township board.

(Comp. Ords. 1994, § 15.871; Ord. No. 1, § 58.01, 8-19-1974; Ord. of 5-15-1980)

The duties and powers of the zoning inspector shall include the following:

(1)

Interpret all provisions of this chapter.

(2)

Enforce all provisions of this chapter and issue all necessary notices or orders to ensure compliance with said provisions.

(3)

Receive applications for and issue certificates of zoning compliance in accordance with this chapter and sign certificates of occupancy as required herein.

(4)

Make all inspections required by this chapter, and all inspections necessary to enforce this chapter, and may engage the assistance of the township fire chief, building inspector, and engineer as deemed necessary in making such inspections. The zoning inspector may engage other expert opinion to assist in making such inspections subject to approval of the township board.

(5)

Identify and process violations to this chapter. The zoning inspector shall be responsible for making periodic inspection of the township or parts thereof for the purpose of finding violations of this chapter.

(6)

Keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued.

(7)

Submit to the township board an annual report in which a summary of the activities of the office is presented.

(Comp. Ords. 1994, § 15.872; Ord. No. 1, § 58.02, 8-19-1974; Ord. of 5-15-1980)

(a)

Application for certificate of zoning compliance shall be made to the zoning inspector. Each application shall include a site plan as required in subsection (k) of this section, a property survey as required in subsection (l) of this section, and all information necessary to determine zoning compliance.

(b)

All plans to be submitted to the building inspector for a building permit shall first be submitted for review and approval by the zoning inspector with respect to the requirements of this chapter. No building permit shall be issued unless a certificate of zoning compliance has been issued by the zoning inspector for the same development and is in effect.

(c)

In all cases in which a certificate of occupancy is required, but a building permit is not required, the certificate of occupancy shall not be issued unless a certificate of zoning compliance has been issued by the zoning inspector and is in effect.

(d)

A certificate of zoning compliance shall not be issued for any use or structure unless said use or structure and the lot on which it is situated meet all requirements of this chapter. However, a certificate of zoning compliance shall be issued for a use or structure and the lot on which it is situated on which one or more legal nonconformities exist. In such case, the certificate of zoning compliance shall clearly list each and every legal nonconformity. A certificate of zoning compliance shall not be issued for any use of a structure and the lot on which it is situated if any illegal nonconformity exists.

(e)

Application for a certificate of zoning compliance may be made by the owner or lessee of the structure or lot, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work or operation is authorized by the owner in fee, and the applicant is authorized to make such application. The full names and addresses of the record owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(f)

Subject to the limitations of section 30-118, amendments to a plan, application, or other records accompanying the same may be filed at any time before completion of the work for which the certificate was approved, and before a certificate of occupancy is issued. Such amendments shall be deemed part of the original application and shall be filed therewith.

(g)

The zoning inspector shall examine or cause to be examined all applications for a certificate of zoning compliance and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to all requirements of this chapter, the zoning inspector shall reject such application in writing, stating the reasons therefor. If the application or the plans do so conform, the zoning inspector shall issue a certificate of zoning compliance as soon as possible. The zoning inspector shall attach his signature to every certificate, or may authorize a subordinate to affix such signature thereto. The zoning inspector shall stamp or endorse all sets of corrected and approved plans submitted with such application as "Approved."

(h)

An application for a certificate of zoning compliance shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently prosecuted or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The zoning inspector may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding 90 days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after time of commencing the work.

(i)

The zoning inspector may revoke a certificate of zoning compliance in case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based.

(j)

Issuance of a certificate of zoning compliance shall be subject to the following conditions:

(1)

No certificate shall he issued until the required fees have been paid.

(2)

All work or use shall conform to the approved application and plans for which the certificate has been issued and any approved amendments thereto.

(3)

All work or use shall conform to the approved final site plan, if required.

(k)

An application for a certificate of zoning compliance shall be accompanied either by a site plan as required in this section or by a site plan as required under article II, division 2 of this chapter, whichever applies. If a site plan is not required under article II, division 2 of this chapter, a site plan shall be submitted as required in this section. Such site plan shall be drawn to scale, submitted in two copies and shall provide the following information:

(1)

Scale, date, and north point.

(2)

Location, shape and dimensions of the lot.

(3)

Dimensioned location, outline, and dimensions of all existing and proposed structures and the location and extent of all users not involving structures.

(4)

A clear description of existing and intended uses of all structures.

(5)

Additional information as required by the zoning inspector for purposes of determining compliance with this chapter.

(l)

An application for a certificate of zoning compliance for a parcel of land in the LR district shall be accompanied by a staked survey of the land for which the certificate is requested. The survey shall be signed and sealed by a land surveyor registered in the state.

(Comp. Ords. 1994, §§ 15.873, 100.000; Ord. No. 1, § 58.03, 8-19-1974; Ord. of 5-15-1980; Ord. No. 83, § 100.00(3), (4), 8-2-2007)

No building permit shall be issued for the erection, alteration, moving or repair of any structure or part thereof which does not comply with all provisions of this chapter and unless a certificate of zoning compliance has been issued therefor by the zoning inspector and is in effect. No structure shall be erected, moved, added to, or structurally altered unless a building permit shall have been issued therefor by the building inspector.

(Comp. Ords. 1994, § 15.874; Ord. No. 1, § 58.04, 8-19-1974; Ord. of 5-15-1980)

(a)

General requirements. It shall be unlawful to use or occupy or to permit the use or occupancy of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the building inspector.

(1)

A certificate of occupancy shall not be approved and signed by the building inspector until its issuance has been approved in writing by the zoning inspector; said approval signifying compliance with all provisions of this chapter.

(2)

A certificate of occupancy shall not be issued for any building or structure or part thereof, or for the use of land, which does not comply with all provisions of this chapter. The certificate shall state that the building, structure, and lot and use thereof, conform to the requirements of this chapter, and shall list each legal nonconformity existing on the premises. Failure to obtain a certificate of occupancy when required shall be a violation of this chapter and punishable under section 30-32.

(b)

Change in use. A structure or part thereof shall not be changed to or occupied by a use different from that existing at the effective date of the ordinance from which this chapter is derived if a building permit is required, unless a certificate of occupancy is first issued for the different use.

(c)

Existing structure and use. A certificate of occupancy shall be issued upon request of the owner, for an existing structure or part thereof, or for an existing use of land, if, after inspection of the premises, it is found that such structures or uses comply with all provisions of this chapter, or have legal, nonconforming status. All legal nonconformities shall be clearly described on the certificate of occupancy. A certificate of occupancy shall not be issued for any premises in which illegal nonconformities exist.

(d)

Accessory structures. An accessory structure shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the principal structure, when such accessory structure is completed under the same building permit as the principal structure.

(e)

Application. Application for certificates of occupancy shall he made in writing to the building inspector on forms furnished therefor.

(f)

Certificate to include zoning. Certificates of occupancy as required by the state construction code for new buildings or structures, or parts thereof, or for alterations or repairs to existing buildings or structures, shall also constitute certificates of occupancy as required by this article.

(g)

Temporary certificates. Where permitted under the state construction code, a temporary certificate of occupancy may be issued, provided that the temporary certificate is approved in writing by the zoning inspector.

(h)

Certificate of footings. Any construction in the LR district for which a certificate of zoning compliance has been issued shall have the location of footings or any other sub-grade or at-grade improvement, such as slabs, certified for compliance with all setback requirements. Certification shall be made by a land surveyor registered in the state. The owner of the property shall provide the certification to the zoning inspector within ten days of the installation of footings or other sub-grade or at-grade improvement. Failure to comply with this requirement shall render the certificate of zoning compliance null and void. All construction shall cease immediately if the footings or other construction violates the setback requirement and shall not be re-commenced until after the violation is removed.

(Comp. Ords. 1994, §§ 15.875, 100.000; Ord. No. 1, § 58.05, 8-19-1974; Ord. of 5-15-1980; Ord. No. 83, § 100.00(5), 8-2-2007)

The applicant for a certificate of occupancy shall notify the zoning inspector and the building inspector when inspection is desired. The zoning inspector shall sign the certificate of occupancy within ten days after receipt of such application if the zoning inspector finds that the building or structure, or part thereof, or the use of land, complies with all requirements of this chapter and with any approved site plans.

(Comp. Ords. 1994, § 15.876; Ord. No. 1, § 58.06, 8-19-1974; Ord. of 5-15-1980)

The zoning inspector and building inspector shall maintain records of all certificates and permits issued under this chapter and said records shall be open for public inspection.

(Comp. Ords. 1994, § 15.877; Ord. No. 1, § 58.07, 8-19-1974; Ord. of 5-15-1980)

State Law reference— Freedom of information act, MCL 15.231 et seq.

The township board shall establish a schedule of fees, by resolution, for administering this chapter.

(Comp. Ords. 1994, § 15.878; Ord. No. 1, § 58.08, 8-19-1974; Ord. of 5-15-1980)

Building permits and certificates of occupancy issued on the basis of plans and applications approved by the zoning inspector and the building inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided in section 30-32.

(Comp. Ords. 1994, § 15.879; Ord. No. 1, § 58.09, 8-19-1974; Ord. of 5-15-1980)

The township planning commission shall have the authority to review and approve or reject preliminary and final site plans as required in this article.

(Comp. Ords. 1994, § 15.761; Ord. No. 1, § 55.01, 8-19-1974; Ord. of 5-15-1980)

The approved final site plan shall become part of the record of approval and subsequent action relating to the site in question shall be consistent with the approved final site plan, unless the planning commission agrees to such changes as provided in this article. Any violation of the provisions of this article, including improvement not in conformance with the approved final site plan, shall be deemed a violation of this article as provided in section 30-32 and shall be subject to all its penalties.

(Comp. Ords. 1994, § 15.772; Ord. No. 1, § 55.12, 8-19-1974; Ord. of 5-15-1980)

(a)

The following buildings, structures, and uses require site plan review and approval:

(1)

A building containing two or more dwelling units.

(2)

A mobile home park.

(3)

Any principal nonresidential building or structure, and addition thereto, permitted in residential districts and any principal building or structure, and addition thereto, except single-family residences and all farm buildings and structures, permitted in recreation-conservation and agriculture districts.

(4)

Any building with a floor area greater than 500 square feet, and additions thereto, in any business or industrial district.

(5)

More than one building or structure, except a sign, on a lot or parcel, or combination of lots under one ownership, in any business and industrial district.

(6)

Any principal use of a lot in any business and industrial district, which does not involve a building, such as, but not limited to, outdoor sales, outdoor displays, and storage of vehicles.

(7)

Public utility buildings and structures, but not including poles, towers, and telephone repeater buildings.

(8)

Any parking lot or addition thereto containing five or more parking spaces when not a part of a development or use for which site plan review and approval is required elsewhere in this section.

(9)

Special land uses, as required in article IV of this chapter.

(10)

A planned unit development.

(b)

The zoning inspector shall not issue a certificate of zoning compliance and the building inspector shall not issue a building permit for construction of, or addition to, any one of the buildings or structures listed in subsection (a) of this section until a final site plan therefor has been approved and is in effect. A use not involving a building or structure, as listed in subsection (a) of this section, shall not be commenced, or expanded, nor shall the building inspector issue a certificate of occupancy for such use, until a final site plan has been approved and is in effect.

(c)

No grading, removal of trees or other vegetation, land filling, or construction of improvements shall commence for any development for which site plan approval is required until a final site plan is approved and is in effect, except as otherwise provided in this article.

(Comp. Ords. 1994, § 15.762; Ord. No. 1, § 55.02, 8-19-1974; Ord. of 5-15-1980)

(a)

Application. Any person with a legal interest in a lot or parcel may apply for preliminary site approval for the lot or parcel by filing the appropriate application form, paying the required review fees, and furnishing eight copies of the preliminary site plan drawings with the township board. The application and drawings shall be reviewed by the township planner and engineer, who shall determine if the application and plans are administratively complete in that they contain or provide the information required for planning commission action. The clerk shall then transmit the application and plans to the planning commission for review at their next regularly scheduled meeting, or any special meeting called for such purposes, allowing for sufficient time so that any required public hearing notice may be given.

(b)

Information required. Each preliminary site plan submitted for review shall provide the following information:

(1)

Location and description of the site; dimensions and area.

(2)

General topography and soil information.

(3)

Property owner's name and address; applicant's name and address and interest in the property; owner's signed consent for preliminary site plan approval application if the applicant is not the owner.

(4)

Scale, north arrow, date of plan.

(5)

Proposed buildings/structures. Location, outline, general dimensions, distances between buildings/structures, floor area, number of floors, height, and number and type of dwelling units (where applicable).

(6)

Location and size of open areas and recreation areas.

(7)

Proposed streets/drives. General alignment, right-of-way (where applicable), surface type and width.

(8)

Proposed parking. Location and dimensions of lots; typical dimensions of spaces and aisles; angle of spaces; surface type; number of spaces.

(9)

Existing zoning classification of property; delineation of required yards; dwelling unit schedule, density of development, and lot area per dwelling unit for residential projects; lot coverage (percent) and floor area ratio; location and size of required transition and landscape strips, if applicable.

(10)

Area of intended filling and/or cutting; outline of existing buildings/structures and drives; existing natural and manmade features to be retained or removed.

(11)

Adjacent land uses and zoning; location of adjacent buildings, drives and streets.

(12)

Location and area of development phases; building program for each phase; projected schedule of development by phase.

(13)

Location and width of all easements on the site.

(14)

General description of proposed water, sanitary sewer, and storm drainage systems.

(15)

All adjacent property owned or controlled by the applicant or owner of the subject property.

(c)

Standards for review. In reviewing a preliminary site plan, the planning commission shall consider the following standards:

(1)

All required information has been provided.

(2)

The proposed development conforms to all regulations of the zoning district in which it is located.

(3)

The applicant may legally apply for site plan review.

(4)

Vehicular and pedestrian traffic within the site, and in relation to streets and sidewalks serving the site, shall be safe and convenient.

(5)

The proposed site plan will be harmonious with, and not harmful, injurious, or objectionable to, existing and future uses in the immediate area.

(6)

Natural resources will be preserved to a maximum feasible extent.

(7)

The proposed development respects natural topography to the maximum feasible extent, and minimizes the amount of cutting and filling required.

(8)

Organic, wet, or other soils which are not suitable for development will be undisturbed, or will be modified in an acceptable manner.

(9)

The proposed development properly respects floodways and floodplains on or in the vicinity of the subject property.

(10)

Phases of development are in logical sequence so that any phase will not depend upon a subsequent phase for adequate access, public utility services, drainage, or erosion control.

(d)

Planning commission action. The planning commission shall review the site plan and within a reasonable time subsequent to any required public hearing, approve, conditionally approve, or reject the preliminary site plan. The planning commission may require changes in the plan and may attach conditions to its approval. The planning commission shall advise the applicant in writing of its actions on a preliminary site plan.

(e)

Effect of approval. Approval of a preliminary site plan by the township planning commission shall indicate its acceptance of the proposed layout of buildings, streets, drives, parking areas, and other facilities and areas in accordance with the standards set forth in subsection (c) of this section. The township planning commission may, at its discretion and with appropriate conditions attached, authorize issuance of permits by the building inspector for grading and foundation work on the basis of an approved preliminary site plan. The conditions which may be attached to such permit for grading and foundation work shall include, but shall not be limited to, measures to control erosion, exemption of the township from any liability if a final site plan is not approved, and provision of a bond for site restoration if work does not proceed to completion.

(f)

Expiration of approval.

(1)

The planning commission secretary must, within ten days of the date of preliminary site plan approval, send a written certification of such approval to the applicant.

(2)

A preliminary site plan approval expires 180 days after the date of that preliminary approval if the person or entity receiving the approval does not first apply for final site plan approval for all or part of the area included in the approved preliminary site plan approval.

(3)

If the applicant submits a final site plan application for only a part of the area covered by the approved preliminary site plan and the applicant receives final site plan approval for part of the area, then the applicant must submit successive final site plan approval applications for the remaining areas of the property covered by the preliminary approval (i.e., the areas not covered by the final site plan approval) within two years from the date of the previously-approved final site plan. If applicant fails to meet this two-year deadline, the planning commission may declare the approved preliminary site plan invalid with respect to the remaining parts of the site.

(4)

Notwithstanding the above, the planning commission may extend the approval period of a previously approved preliminary site plan (i.e., grant extensions from the deadlines set forth in subsections (f)(2) and (f)(3) of this section) for up to one year upon applicant's written application and showing of good cause. The planning commission may approve more than one extension using the same good cause standard.

(Comp. Ords. 1994, §§ 15.763, 45.007, 45.008, 104.000; Ord. No. 1, § 55.03, 8-19-1974; Ord. of 5-15 1980; Ord. No. 32, §§ 7, 8, 3-7-1995; Ord. of 7-17-2008, § 2)

The planning commission shall hold a public hearing on an application for a preliminary site plan review approval. A notification of the public hearing shall be given as required by section 103 of Public Act No. 110 of 2006 (MCL 125.3103).

(Comp. Ords. 1994, §§ 15.763a, 97.000; Ord. of 4-27-2006, § 2)

(a)

Application. Following approval of a preliminary site plan, the applicant may request final site plan approval by filing eight copies of a proposed final site plan, paying the required review fee, and submitting a completed application form to the township board. The township planner and engineer shall review the application and proposed plan to determine if they are administratively complete in that they contain information required by the planning commission in its approval or conditional approval of the preliminary site plan and the information required for planning commission action. The clerk shall, upon the completion of said administrative review, transmit the application and the proposed final site plans to the planning commission for review at its next scheduled regular meeting or any special meeting called for that purpose, subject to such time limitations required for any public hearing notice.

(b)

Information required. Each final site plan submitted for review shall provide the following information and shall meet the following specifications, where applicable:

(1)

The site plan shall be of a scale not greater than one inch equals 200 feet, and of such accuracy that the planning commission can readily interpret the plan. The information shall be presented on more than one drawing, where required by the planning commission, for purposes of clarity.

(2)

Scale, north arrow, name and date of plan; date of revisions thereto.

(3)

Name and address of property owner and applicant; interest of applicant in property; name and address of developer.

(4)

Name and address of designer. A final site plan shall be prepared by an architect, community planner, engineer, landscape architect, or land surveyor registered in the state.

(5)

A vicinity map; legal description of the property; dimensions and lot area. Where a metes and bounds description is used, lot line angles or bearings shall be indicated on the plan. Lot line dimensions and angles or bearings shall be based upon a boundary survey prepared by a registered surveyor and shall correlate with the legal description.

(6)

Existing topography (minimum contour interval of two feet); existing natural features such as trees, wooded areas, streams, marshes, ponds, and other wetlands; clear indication of all natural features to remain and to be removed. Groups of trees shall be shown by an approximate outline of the total canopy; individual deciduous trees of six inch diameter or larger and individual evergreen trees six feet in height or higher, where not part of a group of trees, shall be accurately located on the final site plan.

(7)

Existing buildings, structures, and other improvements, including drives, utility poles and towers, easements, pipelines, excavations, ditches (elevations and drainage directions), bridges, culverts; clear indications of all improvements to remain and to be removed.

(8)

General description of deed restrictions, if any.

(9)

Owner, use, and zoning classification of adjacent properties; location and outline of buildings, drives, parking lots, and other improvements on adjacent properties.

(10)

Existing public utilities on or serving the property. Location and size of water lines and hydrants; location, size and inverts for sanitary sewer and storm sewer lines; location of manholes and catchbasins; location and size of wells, septic tanks and drain fields.

(11)

Name and right-of-way of existing streets on or adjacent to the property; surface type and width; spot elevations of street surfaces, including elevations at intersections with streets and drives of the proposed development.

(12)

Zoning classification of the subject property; location of required yards; total ground floor area and lot coverage (percent); floor area ratio. In the case of residential units, the plan shall note dwelling unit density, lot area per dwelling unit, and a complete schedule of the number, size and type of dwelling units.

(13)

Grading plan showing finished contours at a minimum interval of two feet and correlated with existing contours so as to clearly indicate cut and fill required. All finished contour lines shall be connected to existing contour lines at or before the property lines.

(14)

Location and exterior dimensions of proposed buildings and structures, with the location to be referenced to property lines or to a common base point; distances between buildings; height in feet and stories; finished floor elevations and contact grade elevations.

(15)

Location and alignment of all proposed streets and drives; rights-of-way where applicable; surface type and width, and typical cross section of same showing surface, base, and sub-base materials and dimensions; location and typical details of curbs; turning lanes, with details (where applicable); location, width, surface elevations and grades of all entries and exits; curve radii.

(16)

Location and dimensions of proposed parking lots; number of spaces in each lot; dimensions of spaces and aisles; drainage pattern of lots; typical cross section showing surface, base, and sub-base materials; angle of spaces.

(17)

Location and size of proposed improvements of open spaces and recreation areas, and maintenance provisions for such areas.

(18)

Location, width, and surface of proposed sidewalks and pedestrian ways.

(19)

Location and type of proposed screens and fences; height, typical elevation and vertical section of screens, showing materials and dimensions.

(20)

Location of proposed outdoor trash container enclosures; size, typical elevation, and vertical section of enclosures, showing materials and dimensions.

(21)

Location, type, size, area, and height of proposed signs.

(22)

Layout, size of lines, inverts, hydrants, drainage flow patterns, location of manholes and catchbasins for proposed sanitary sewer, water, and storm drainage facilities; location and size of retention ponds and degrees of slope of sides of ponds; calculations for size of storm drainage facilities; location of electricity and telephone poles and wires; location and size of surface equipment for electricity and telephone services; location and size of underground tanks where applicable; location and size of outdoor incinerators; location and size of wells, septic tanks, and drain fields, where applicable. Final engineering drawings for all site improvements such as, but not limited to, water, sanitary sewer and storm sewer systems; streets, drives and parking lots; retention ponds and other ponds or lakes; and retaining walls, shall be submitted to and approved by the township engineer prior to planning commission approval of the final site plan. A letter of approval or a copy of the permit from the county health department for on-site water and sewer facilities shall be submitted to the planning commission secretary prior to planning commission approval of the final site plan.

(23)

Landscape plan showing location and size of plant materials.

(24)

Evidence of approval of soil erosion and sedimentation control measures from the county soil erosion control agent.

(25)

Location of proposed retaining walls; dimensions and materials of same; fill materials; typical vertical sections; restoration of adjacent properties, where applicable.

(26)

Location, height, type, direction and intensity of outside lighting.

(27)

Right-of-way expansion where applicable.

(c)

Standards for review. In reviewing the final site plan, the planning commission shall determine whether the plan meets the following standards:

(1)

The final site plan conforms to the preliminary site plan as approved by the township planning commission.

(2)

The plan meets all applicable standards in section 30-221.

(3)

The plan meets the specifications of the township for fire and police protection, water supply, sewage disposal or treatment, storm drainage, and other public facilities and services, and has been approved by the township fire chief and township engineer.

(4)

The proposed development will not cause soil erosion or sedimentation problems.

(5)

The drainage plan for the proposed development is adequate to handle anticipated storm water runoff and will not cause undue runoff onto neighboring property or overloading of watercourses in the area.

(6)

The proposed development is coordinated with improvements serving the subject property and with the other developments in the general vicinity.

(7)

Outside lighting will not adversely affect adjacent or neighboring properties or traffic on adjacent streets.

(8)

Outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be a nuisance to the subject property or neighboring properties.

(9)

Grading or filling will not destroy the character of the property or the surrounding area and will not adversely affect the adjacent or neighboring properties.

(10)

Parking layout will not adversely affect the flow of traffic within the site or to and from the adjacent streets.

(11)

The plan meets the standards of other government agencies, where applicable, and that the approval of these agencies has been obtained or is assured.

(12)

The plan provides for the property extension of existing public streets serving the site, where applicable.

(d)

Planning commission action. The planning commission shall review the proposed final site plan and, within a reasonable time, approve, conditionally approve, or reject the proposed final site plan. The planning commission may require changes in the proposed final site plan. The planning commission shall include in its study and review of the proposed final site plan recommendations of the township zoning inspector, the township fire chief, and any other township official, department or agency, or any public utility company, that might have an interest in or be affected by the proposed development. Upon planning commission approval of a final site plan, the applicant, the owner of record, or the legal representative thereof, and the planning commission secretary shall each sign five copies of the approved final site plan. The planning commission secretary shall transmit two signed copies of the plan and any conditions attached to the approval to the zoning inspector, and one signed copy each to the township board and the applicant. The planning commission secretary shall attach a certificate of approval to the copy to be sent to the applicant. One signed copy shall be retained in the planning commission's files. If the final site plan is rejected, the planning commission shall notify the applicant in writing of such action and the reasons therefor, within ten days following the action.

(e)

Effect of approval. Approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a building permit, provided all other requirements for a building permit have been met. In the case of uses without buildings or structures, approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a certificate of occupancy, provided all other requirements for such certificate have been met.

(f)

Expiration of approval.

(1)

A final site plan approval expires upon the occurrence of either of the following:

a.

The applicant does not secure a building permit within 180 days of the date the final site plan was approved; or

b.

The applicant does not start construction on the property and show evidence of diligently completing construction per the approved site plan 545 days after the date the final site plan was approved.

(2)

Notwithstanding the conditions of expiration in subsection (f)(1) of this section, the planning commission may extend the approval period (i.e., grant extensions from the deadline set forth in subsection (f)(1) of this section) for up to one year upon applicant's written application and showing a good cause. The planning commission may approve more than one extension using the same good cause standard.

(Comp. Ords. 1994, §§ 15.764, 45.009, 45.010, 100.000, 104.000; Ord. No. 1, § 55.04, 8-19-1974; Ord. of 5-15-1980; Ord. No. 32, §§ 9, 10, 3-7-1995; Ord. No. 83, § 100.00(2), 8-2-2007; Ord. of 7-17-2008, § 3)

The planning commission shall hold a public hearing on an application for a final site plan review approval. A notification of the public hearing shall be given as required by section 103 of Public Act No. 110 of 2006 (MCL 125.3103).

(Comp. Ords. 1994, §§ 15.764a, 97.000; Ord. of 4-27-2006, § 3)

An applicant may, at the applicant's discretion and risk, with approval of the township planning commission, combine a preliminary and final site plan in an application for approval. The planning commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity and/or size of the proposed development so warrant. A preliminary and final site plan shall not be combined for any development consisting of two or more phases.

(Comp. Ords. 1994, § 15.765; Ord. No. 1, § 55.05, 8-19-1974; Ord. of 5-15-1980)

A site plan may be amended upon application and in accordance with procedure and requirements provided in section 30-76, for a preliminary site plan, and in section 30-78, for a final site plan. Minor changes in a preliminary site plan may be incorporated into a final site plan without an amendment to the approved preliminary site plan, at the discretion of the planning commission. The planning commission may require that a revised preliminary or final site plan drawing be submitted showing minor changes in lieu of procedures set forth in sections 30-76 and 30-78 for purposes of record. The planning commission shall have the authority to determine if a proposed change is minor or major and if such change requires an amendment. The planning commission shall record its determinations and reasons therefor in the minutes of the meeting at which the action is taken.

(Comp. Ords. 1994, § 15.766; Ord. No. 1, § 55.06, 8-19-1974; Ord. of 5-15-1980)

All site improvements shall conform to the approved final site plan. If the applicant makes any changes during construction in the development in relation to the approved final site plan, such changes shall be made at the applicant's risk, without any assurances that the planning commission will approve the change. It shall be the responsibility of the applicant to notify the zoning inspector, the building inspector, and the planning commission of any such changes. The zoning inspector or the planning commission, whichever is applicable, may require the applicant to correct the changed so as to conform to the approved final site plan.

(Comp. Ords. 1994, § 15.767; Ord. No. 1, § 55.07, 8-19-1974; Ord. of 5-15-1980)

The applicant may divide the proposed development into two or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan shall be submitted for review and approval for each phase.

(Comp. Ords. 1994, § 15.768; Ord. No. 1, § 55.08, 8-19-1974; Ord. of 5-15-1980)

(a)

The zoning inspector shall be responsible for inspecting all improvements for conformance with the approved final site plan. All subgrade improvements, such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering.

(b)

The applicant shall be responsible for requesting the necessary inspections.

(c)

The zoning inspector shall obtain inspection assistance from the township fire chief and building inspector, where applicable.

(d)

The zoning inspector shall notify the planning commission, in writing, when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan.

(e)

The zoning inspector shall notify the township board, the planning commission, and building inspector, in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the township board, planning commission and building inspector of steps taken to achieve compliance. In such case, the zoning inspector shall periodically notify the township board, planning commission, and building inspector of progress toward compliance with approved final site plan and when compliance is achieved.

(Comp. Ords. 1994, § 15.769; Ord. No. 1, § 55.09, 8-19-1974; Ord. of 5-15-1980)

(a)

A performance bond, irrevocable bank letter of credit, cash deposit, or other form of security shall be provided by the applicant to the township board. The guarantee shall be provided after a final site plan is approved but prior to issuance of a certificate of occupancy for any building covered by the site plan. The guarantee shall cover site improvements shown on the approved final site plan which will not be completed prior to issuance of the certificate of occupancy. Site improvements shall mean streets and drives, parking lots, sidewalks, grading, required landscaping, required screens, storm drainage, exterior lighting and utilities.

(b)

The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the township board. The form of the guarantee shall be approved by the township attorney.

(c)

If the applicant shall fail to provide any site improvements according to the approved plans within the time period specified in the guarantee, the township shall be entitled to enter upon the site and complete the improvements. The township board may defray the cost thereof out of the deposited security or may require performance by the bonding company.

(d)

If a cash deposit is used, the applicant and the township clerk shall decide at the time of deposit on the means of rebating portions of the deposit in proportion to the amount of work completed. All required inspections for improvements for which the cash deposit is to be rebated shall have been completed before funds are rebated.

(e)

The zoning inspector may refuse to sign a certificate of occupancy until compliance with the approved final site plan and approved engineering plans related thereto is achieved, or until adequate security is deposited as required herein.

(Comp. Ords. 1994, § 15.770; Ord. No. 1, § 55.10, 8-19-1974; Ord. of 5-15-1980)

State Law reference— Performance guarantee, MCL 125.3505.

Fees for the review of site plans and inspections as required by this article shall be established and may be amended by resolution of the township board.

(Comp. Ords. 1994, § 15.771; Ord. No. 1, § 55.11, 8-19-1974; Ord. of 5-15-1980)

The following administrative site plan review (ASPR) process shall apply in the circumstances and to the extent specified in this section, as an alternate to the generally applicable preliminary and final site plan review process.

(1)

Projects eligible for ASPR. A project is eligible for the ASPR process only with respect to any of the following changes to an existing development or an approved site plan:

a.

An expansion of an existing building or structure, not exceeding 25 percent of the existing square footage.

b.

The internal rearrangement of a parking lot and/or parking spaces, which does not affect the number of parking spaces provided nor alter access locations or design.

c.

The relocation of a building or structure by ten feet or less, where all setback and yard location requirements are met.

d.

Changes required or requested by the Township for safety reasons.

e.

Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site which the Zoning Inspector, upon consultation with the planning commission chairperson, determines will not materially affect the character or intensity of use, vehicular or pedestrian circulation, drainage patterns, or the demand for public services; will not have any adverse effect on adjacent or nearby property or the use thereof; and will not have any adverse effect on the health, safety, or welfare of the general public.

(2)

The ASPR process shall not apply if a project involves any of the following:

a.

A new building or structure.

b.

A new or altered access to the site.

c.

A change in use and/or a new use, unless the use is a permitted use in the zoning district and would not require a change to the approved site plan unless that change meets the requirements in section 30-87(a).

d.

A variance from any provision of the zoning ordinance is required; or the project fails to comply with any applicable provision of this article, or any other applicable ordinance, regulation or law.

(3)

ASPR process. The zoning inspector, shall determine whether a proposed project is eligible for the ASPR process and may be granted site plan approval pursuant to that process. The zoning inspector may refer any proposed project to the planning commission for review and approval consideration pursuant to the applicable provisions of this article.

In addition, the zoning inspector shall have discretion to decline applying the ASPR process to an eligible project, and instead refer such project to the planning commission for review and approval consideration pursuant to the applicable provisions of this article.

Once the zoning inspector makes an ASPR determination that decision shall be provided to the planning commission under their consent agenda at the next planning commission meeting.

(4)

Review and approval criteria. The zoning inspector shall review and determine whether to approve a project eligible for the ASPR process pursuant to the criteria specified in section 30-78(c) of this article and all other applicable provisions. The zoning inspector may require the applicant to submit such information pursuant to the final site plan application content requirements of section 30-78(b) of this article, as the zoning inspector deems necessary to properly review the project pursuant to the ASPR process.

(5)

Significance of approval pursuant to ASPR process. A project approved by the zoning inspector pursuant to the ASPR process shall be considered to have site plan approval, subject to sections 30-74, 30-78(f), and 30-82 of this article.

(Ord. No. 24-01, § 1, 3-5-2024)

The township board may amend or supplement the district boundaries or the provisions and regulations of this article. Amendments may be initiated by the township board, the township planning commission, or by petition of one or more property owners of the township, or by one or more persons acting on behalf of a property owner of the township. All proposed amendments shall be referred to the township planning commission for public hearing, review, and recommendations before action may be taken thereon by the township board.

(Comp. Ords. 1994, § 15.901; Ord. No. 1, § 58.01, 8-19-1974; Ord. of 5-15-1980)

The township board shall establish, by resolution, fees for zoning amendment petitions. The fee shall be paid at the time of filing of the petition and no part of such fee shall be returnable to the petitioner. Fees shall not be required for amendments requested by any government agency or body.

(Comp. Ords. 1994, § 15.902; Ord. No. 1, § 59.02, 8-19-1974; Ord. of 5-15-1980)

(a)

This article may be amended only by the procedures in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and this article.

(b)

Upon the township board's receipt of a petition requesting an amendment to this chapter, the township board must transmit the petition to the township planning commission for review and report to the township board.

(c)

Planning commission procedures.

(1)

The planning commission must establish a date for and hold at least one public hearing on the petition.

(2)

Notice of the time and place of the planning commission's public hearing must be given as required by state law.

(3)

All notices under this section must include the place and time at which the proposed text and any maps of the zoning amendment may be examined.

(4)

Following the required public hearing and within 125 days of the petition's filing date, the planning commission must transmit a summary of comments received at the hearing and its proposed recommendations for disposition of the petition to the township board. The 125-day time limit may be extended by agreement of the petitioner and planning commission.

(d)

Township board procedures.

(1)

After receiving the planning commission's summary of comments and recommendation regarding the petition, the township board may hold a public hearing if it considers it necessary or if otherwise required by law. If the township board opts to hold a public hearing, the township board must give notice of it in the same manner as the township planning commission was required to give notice of its public hearing regarding the petition.

(2)

The township must grant a hearing on a proposed chapter amendment to a property owner who requests a hearing by certified mail, addressed to the township clerk.

(3)

If the township board deems it advisable to make changes to the proposed amendment forwarded to it by the planning commission, the township board may refer such to the township planning commission for consideration and comment within a time specified by the township board.

(4)

The township board must consider and vote upon the petition. Any amendment to this article requires a majority vote by the township board.

(Comp. Ords. 1994, §§ 15.903, 96.000, 98.000; Ord. No. 1, § 59.03, 8-19-1974; Ord. of 5-15-1980; Ord. of 4-6-2006, § 2; Ord. of 7-13-2006, § 5)

(a)

If a petition involves an amendment to the official zoning map, the petitioner shall submit the following information:

(1)

A legal description of the property, including a street address and the tax code number.

(2)

A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

(3)

The name and address of the petitioner.

(4)

The petitioner's interest in the property. If the petitioner is not the record owner, the name and address of the record owner, and that owner's signed consent to the petition.

(5)

Signature of petitioner and owner or representatives thereof, certifying the accuracy of the information.

(6)

Identification of the zoning district requested and the existing zoning classification of property.

(7)

A vicinity map showing the location of the property, and adjacent land uses and zoning classifications.

(b)

If a petition involves a change in the text of this chapter, the petitioner shall submit the following information:

(1)

A detailed statement of the petition, clearly and completely setting forth all proposed provisions and regulations, including all changes in this chapter necessary to accommodate the proposed amendment.

(2)

Name and address of the petitioner.

(3)

Reasons for the proposed amendment.

(Comp. Ords. 1994, § 15.904; Ord. No. 1, § 59.04, 8-19-1974; Ord. of 5-15-1980)

After township board approval of an amendment to this chapter, the amendment must be filed with the township board and the township must publish a notice of the chapter amendment as required by section 401 of Public Act No. 110 of 2006 (MCL 125.3401).

(Comp. Ords. 1994, §§ 15.905, 98.000; Ord. No. 1, § 59.05, 8-19-1974; Ord. of 5-15-1980; Ord. of 7-13-2006, § 6)

A registered elector residing in the zoning jurisdiction of the township may file with the clerk of the township a notice of intent to file a petition under section 402 of Public Act No. 110 of 2006 (MCL 125.3402).

(Comp. Ords. 1994, §§ 15.906, 98.000; Ord. No. 1, § 59.06, 8-19-1974; Ord. of 5-15-1980; Ord. of 7-13-2006, § 7)

Any amendment for the purpose of conforming to a provision of a decree of a court of competent jurisdiction as to any specific lands may be adopted by the township board and the notice of amendment published without referring same to any other board or agency.

(Comp. Ords. 1994, § 15.907; Ord. No. 1, § 59.07, 8-19-1974; Ord. of 5-15-1980)

A zoning board of appeals, hereinafter referred to as the board of appeals, is hereby established, in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Comp. Ords. 1994, § 15.931; Ord. No. 1, § 60.01, 8-19-1974; Ord. of 5-15-1980)

(a)

The zoning board of appeals (ZBA) must consist of five members appointed by the township board. The first member of the ZBA must be a member of the township planning commission. The remaining regular members, and any alternate members, must be selected from the electors of the township residing in the unincorporated portions of the township. The members selected must be representative of the population distribution and of the various interests present in the township.

(b)

One regular member of the ZBA may be a member of the township board, but that member may not serve as chairperson of the ZBA. An employee or contractor of the township may not serve as a member of the ZBA.

(Comp. Ords. 1994, §§ 15.932, 98.000; Ord. No. 1, § 60.02, 8-19-1974; Ord. of 5-15-1980, Ord. No. 27, 5-4-1993; Ord. of 7-13-2006, § 8)

(a)

The ZBA must perform its duties and exercise its powers as provided in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), so that the objectives of this chapter are attained, the public health, safety, and welfare secured, and substantial justice done.

(b)

The ZBA must hear and decide the following:

(1)

Questions that arise in the administration of this chapter, including the interpretation of this chapter and zoning maps;

(2)

Matters referred to the ZBA or upon which the ZBA is required to pass under this chapter;

(3)

Appeals from and review of any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of this chapter;

(4)

Variances; and

(5)

Matters related to nonconforming uses and structures as stated in this chapter.

(c)

The ZBA may not:

(1)

Change the zoning district classification of any property;

(2)

Change any of the terms of this chapter;

(3)

Take any actions that result in the making of legislative changes to this chapter; and

(4)

Hear an appeal from a township board or planning commission decision regarding a special land use or PUD.

(Comp. Ords. 1994, §§ 15.934, 98.000; Ord. No. 1, § 60.04, 8-19-1974; Ord. of 5-15-1980; Ord. of 7-13-2006, § 9)

A schedule of fees of the zoning board of appeals shall be established by resolution of the township board.

(Comp. Ords. 1994, § 15.935; Ord. No. 1, § 60.05, 8-19-1974; Ord. of 5-15-1980)

The ZBA may grant variances where there are practical difficulties in the way of carrying out the strict letter of this chapter, as provided in this chapter, so that the spirit of this chapter is observed, public safety secured, and substantial justice done. Such variances may only be granted in accordance with the procedures for the review and grant of variance requests as provided by law, and upon the standards set forth in this division.

(Comp. Ords. 1994, §§ 15.939, 98.000; Ord. No. 1, § 60.09, 8-19-1974; Ord. of 5-15-1980; Ord. of 7-13-2006, § 12)

(a)

Filing. An application for a variance shall be made by filing with the township board a written application form for a variance signed by the record owner of the property in question or by a person authorized to act on the record owner's behalf, paying the required fee, and providing the information required by this chapter. The clerk shall transmit the application and accompanying information to each member of the zoning board of appeals and to the zoning inspector within a reasonable time prior to the next regularly scheduled meeting of the zoning board of appeals, or a special meeting called for the purpose of hearing said variance.

(b)

Information required. An application for a variance shall contain the following information:

(1)

Legal description, address, and tax parcel number of the subject property.

(2)

An accurate, scaled drawing of the property, showing all property lines, dimensions, and bearings or angles correlated with the legal description; all existing and proposed structures and uses on the property; dimensions of structures and their dimensioned locations; lot area and all calculations necessary to show compliance with the regulations of this chapter.

(3)

Name and address of the applicant, property owner, and the interest of the applicant in the property.

(c)

Fee. The fee shall be paid to the township board at the time of filing the application for a variance and shall be deposited in the township's general fund.

(d)

Standards for review. A variance may only be granted if the ZBA finds that all of the following requirements are met:

(1)

Special conditions and circumstances exist that are unique to the land, structures, or buildings involved, and are not applicable to other lands, structures or buildings in the same district. If such unique circumstances exist, that favors granting the variance.

(2)

The special circumstances and conditions on which the variance request is based do not result from the actions of the applicant. If the circumstances are not self-created, that favors granting the variance.

(3)

Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this chapter. If applicant would be deprived of rights given owners in same district, that favors granting the variance.

(4)

Granting the variance requested will not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district. If the variance would not confer special privileges on applicant, that favors granting the variance.

(5)

The existence of nonconforming uses of neighboring lands, structures, or buildings in the same district; permitted or nonconforming uses of land, structures or buildings in other districts; and nonconforming structures, shall not be considered grounds for the issuance of a variance. If variance is not based on fact that there are nonconforming uses or structures in same district, then that favors granting the variance.

(6)

A variance granted must be the minimum variance that will make possible a reasonable use of the land, building, or structure. If request seeks the minimum variance needed to make a reasonable use of the land, then that favors granting the variance.

(7)

The variance granted must be in harmony with the intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public interest. If request would not injure neighborhood and not injure the public interest, then that favors granting the variance.

(Comp. Ords. 1994, §§ 15.940, 45.013; Ord. No. 1, § 60.10, 8-19-1974; Ord. of 5-15-1980; Ord. No. 32, § 13, 3-7-1995; Ord. of 10-5-2010(02), § 2)

Each variance approved shall expire and be of no effect unless the construction authorized by the variance has been commenced within 180 days after the date of approval and has been pursued diligently to completion, or the occupancy of land or buildings authorized by the variance has commenced within 180 days of the date of approval.

(Comp. Ords. 1994, § 15.941; Ord. No. 1, § 60.11, 8-19-1974; Ord. of 5-15-1980)

An application for a variance which has been denied wholly or in part by the board of appeals shall not be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or changed conditions found by the board of appeals to be valid.

(Comp. Ords. 1994, § 15.942; Ord. No. 1, § 60.12, 8-19-1974; Ord. of 5-15-1980)

The board of appeals shall determine whether a nonconforming building or structure may be expanded, whether a nonconforming building or structure may replace another such building or structure, and whether a nonconforming use may be substituted for another nonconforming use. Determination shall be made in accordance with article X of this chapter.

(Comp. Ords. 1994, § 15.943; Ord. No. 1, § 60.13, 8-19-1974; Ord. of 5-15-1980)

If an application or appeal to the board of appeals involves a development project which requires site plan approval by the planning commission, the applicant or appellant shall first apply for preliminary site plan approval as set forth in article II, division 2 of this chapter. The planning commission shall review the site plan and shall determine the layout and other features required to obtain approval of the site plan. The planning commission shall then transmit a copy of the site plan and the commission's findings thereon to the board of appeals. The board of appeals shall, upon deciding on the application or appeal, return the plan and its decision to the planning commission for commission action on the preliminary site plan.

(Comp. Ords. 1994, § 15.944; Ord. No. 1, § 60.14, 8-19-1974; Ord. of 5-15-1980)

The ZBA may attach conditions to any of its affirmative decisions, including variance grants, provided the conditions are in accordance with the requirements of this chapter and Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The conditions must be consistent with procedures, requirements, standards and policies of the township board, planning commission, and other township agencies, as applicable. Violation of any condition imposed is a violation of this chapter and punishable under section 30-32.

(Comp. Ords. 1994, §§ 15.946, 98.000; Ord. of 5-15-1980; Ord. of 7-13-2006, § 14)