Three Oaks Township
City Zoning Code
City Zoning Code
ARTICLE XXI
Administration; Fees; Violations
§ 380-21.01 Zoning Administrator.
The provisions of this chapter shall be administered by the Zoning Administrator appointed by the Township Board. The Zoning Administrator's duties shall be the administration of this chapter as prescribed by this chapter, including issuance of all zoning compliance statements, whether individual statement or as part of the issuance of a building permit pursuant to the Township Building Code,[1] acceptance of any and all applications required in the administration of this chapter, any other duties assigned or delegated to the Zoning Administrator by the Township Board.
[1]
Editor's Note: See Ch. 135, Construction Standards and Enforcement, Art. I.
§ 380-21.02 Enforcement Officer.
The enforcement of this chapter shall be administered and enforced by the Enforcement Officer designated by and responsible to the Township Board.
§ 380-21.03 Duties and powers of Zoning Administrator and Enforcement Officer.
The Zoning Administrator and Enforcement Officer shall have the following powers in addition to those set forth in § 380-21.02 above:
A.
Form of application, permits and certificates. The Zoning Administrator may prescribe the form of all applications, permits (including a Zoning compliance permit when required by the terms of this chapter), and certificates required under the terms of the chapter. If no form is prescribed, a written document in the form of a letter requesting permission, in the case of an application stating precisely what permission is requested, or granting permission, in the case of a permit, stating precisely what permission is granted will suffice.
B.
Receive applications. The Zoning Administrator will receive and examine and certify completeness of all applications for permits, certificates, variances, and all other applications required under the terms of this chapter.
C.
Refer applications to the Planning Commission or Board of Appeals. The Zoning Administrator shall, upon a finding that an application is complete, refer all applications for permits, certificates, variances, special use permits and any other applications to the appropriate body within 20 days upon making determination that the submission is complete.
D.
Issue or deny permits. The Zoning Administrator or Enforcement Officer shall issue permits for construction, alteration, and occupancy of those uses which comply with the requirements of this chapter and all applicable codes and laws. Any denial of permit must be in writing and shall state the reasons for the denial.
E.
Issue notice of violation. The Zoning Administrator or Enforcement Officer must issue a written notice of violation to each owner of record of this chapter, stating the nature of the violations.
F.
Make recommendations. The Zoning Administrator or Enforcement Officer may make recommendations to the Planning Commission, Zoning Board of Appeals for any action deemed necessary.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Additional duties and powers. The Zoning Administrator or Enforcement Officer must perform all other duties, and may exercise all other powers and privileges, as may be provided or made necessary by the terms of this chapter.
§ 380-21.04 Fees and escrow accounts.
A schedule of fees necessary for the administration of this chapter shall, from time to time, be established by resolution of the Township Board. The Township may require the deposit of funds by the applicant sufficient to support the costs of third-party reviews of any materials submitted or applications made.
§ 380-21.05 Violations and penalties.
Unless otherwise specifically provided, the violation of any provision, section, rule or regulation or order adopted or issued in pursuance thereof, of this chapter, shall be a municipal civil infraction. Persons determined responsible for a municipal civil infraction shall be punished in accordance with this § 380-21.05.
A.
Penalty. A municipal civil infraction shall be punished by a fine of not less than $50 nor more than $2,500, and the costs of prosecution of not less than $100 nor more than $500.
B.
Separate offense. Each act of violation and every day during which a violation continues shall be deemed a separate offense.
C.
Additional penalties. The penalty provided by this section shall be in addition to the abatement of the violating condition, any injunctive relief or revocation or any permit or license provided pursuant to this, or any other, ordinance of Three Oaks Township.
D.
Compliance required. The imposition of any sentence shall not exempt an offender from compliance with the provisions of this chapter.
E.
Relief. The foregoing penalties shall not prohibit the Township from seeking injunctive relief against a violator or such other appropriate relief as may be provided by law.
§ 380-21.06 Hearing notice requirements.
All applications for development approval, amendments, variances or other deliberations requiring a public hearing under the terms of this chapter shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006,[1] and the other provisions of this section with regard to public notification.
A.
Responsibility. When the provisions of this chapter or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the Township and mailed or delivered as provided in this section.
B.
Content. All mail, personal and newspaper notices for public hearings shall:
(1)
Describe nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned development, variance, appeal, ordinance interpretation or other purpose and the procedures to be followed in evaluating the request.
(2)
Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning or when the request is for an ordinance interpretation not involving a specific property.
(3)
When and where the request will be considered, indicate the date, time and place of the public hearing(s).
(4)
Indicate when and where written comments will be received concerning the request.
C.
Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this chapter where applicable, notice of a public hearing on an application for a rezoning, text amendment, special land use, planned development, variance, appeal, or ordinance interpretation, publication shall occur and shall be provided as follows:
(1)
Publication shall occur not less than 15 nor more than 45 days before the date the application or other matter will be considered for approval.
(2)
Personal notice by mail or delivery shall occur not less than 15 nor more than 45 days before the date the application or other matter will be considered for approval.
D.
Distribution of notice. If the hearing involves a request for an interpretation of this chapter by the Zoning Board of Appeals, an appeal of an administrative decision by the Zoning Board of Appeals or consideration of a Zoning Map change involving 10 or fewer adjacent properties, in addition to publication of the notice as required, notice shall be provided by mail or personal delivery to:
(1)
The owner(s) of the property for which approval is being considered and/or to the person(s) requesting the interpretation or appealing the decision, as applicable; and
(2)
To all persons to whom real property is assessed within 300 feet of the property, regardless of whether the property is located within Three Oaks Township; and
(3)
Occupant(s) of all structures within 300 feet of the property, regardless of whether the occupant(s) are located within Three Oaks Township. If the name of said occupant(s) is not known, the notice may be addressed to "occupant." Publication shall occur not less than 15 nor more than 45 days before the date the application or other matter will be considered for approval.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 380-21.07 Performance guarantees.
[Added 9-20-2017 by Ord. No. 6B]
In the interest of ensuring compliance with this chapter provisions, protecting the natural resources and the health, safety and welfare of the residents of the Township, and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Zoning Administrator, Planning Commission, Zoning Board of Appeals or Township Board may require the applicant to deposit a performance guarantee as set forth herein. The purpose of the performance guarantee is to ensure completion of improvements connected with a proposed use as required by this chapter, including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping. A performance guarantee may also be required to ensure the removal of buildings, structures or site improvements that have been abandoned as determined by the Township.
A.
"Performance guarantee" as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit, or similar instrument approved by the Township Attorney in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the Zoning Administrator.
B.
When a performance guarantee is required, said performance guarantee shall be deposited with the Township Treasurer prior to the issuance of any permits by the Zoning Administrator for the development and use of the land. Upon the deposit of the performance guarantee, when in the form of a cash deposit or certified check, the Township shall deposit it in an interest-bearing account.
C.
In the event a performance guarantee is required, the applicant and property owner shall also authorize the Township to enter upon the subject property to complete or remove the improvements at the cost of the applicant in the event of default by the applicant and/or property owner. If the amount specified by written notice is not paid within 90 days, it shall become a lien against the property and will be certified as an assessment against the property.
D.
An approved site plan or project shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed and, where appropriate, terms for the removal of said improvements. The period will begin from the date of the issuance of the zoning compliance or special land use permit.
E.
In the event the performance guarantee deposited is a cash deposit or certified check, the Township shall rebate to the applicant 50% of the deposited funds when 60% of the required improvements are completed as confirmed by the Zoning Administrator, and the remaining 50% of the deposited funds when 100% of the required improvements are completed as confirmed by the Zoning Administrator. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee herein required may be applied by said applicant to assure compliance with this chapter standards and the specifications of the approved site plan.
F.
Upon the satisfactory completion of the improvement for which the performance guarantee was required, as determined by the Zoning Administrator, the Township Treasurer shall return to the applicant the performance guarantee deposited and any interest earned thereon, except that the Township shall retain an amount not to exceed 150% the cost of removing an improvement, if required by the Township as a condition of site plan, special land use, or other zoning approval.
G.
In the event the applicant defaults in making or removing the improvements for which the performance guarantee was required within the time period established by the Township, the Township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete or remove the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make or remove the improvements. If the performance guarantee is not sufficient to allow the Township to complete or remove the improvements for which it was posted, the applicant and/or property owner shall be required to pay the Township the amounts by which the costs of completing or removing the improvements exceeds the amount of the performance guarantee deposited. Should the Township use the performance guarantee, or a portion thereof, to complete or remove the required improvements, any amounts remaining after said completion or removal shall be applied first to the Township administrative costs in completing or removing the improvement with any balance remaining being refunded to the applicant. At the time the performance guarantee is deposited with the Township and prior to the issuance of a zoning compliance or special land use permit, the applicant and property owner shall enter an agreement incorporating the provisions hereof with the Township regarding the performance guarantee.