Except where herein otherwise provided, the building inspector shall enforce the provisions of this ordinance.

(Ord. of 3-21-2005, § 2800)

For uses making reference to this section, and in all applications for special land use approval, notice of the public hearing before the planning commission or the township board shall be given as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 3-21-2005, § 2805)

1.

Site plan review submission. Whenever the provisions of this ordinance require submission of a site plan to the planning commission, it shall be submitted in accordance with the provisions of this section. A site plan shall meet all applicable requirements of this ordinance and shall be approved if in compliance with such requirements. In instances of conflict between any other township ordinance and this ordinance, the requirements of this ordinance shall prevail.

2.

Planning commission considerations. In the process of reviewing a site plan, the planning commission shall consider the following:

a.

The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, to nearby driveways of other property and in relation to pedestrian traffic;

b.

The traffic circulation features within the site and the location of automobile parking areas;

c.

The planning commission may make such requirements with respect to any matters as will ensure:

(1)

Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets; and

(2)

Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and of adjacent neighborhoods;

d.

The planning commission may further require landscaping, fences and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

3.

Landscape plans. Unless otherwise provided, whenever provisions of this ordinance require a landscape or greenbelt plan, approval of a site plan may be given subject to submission and approval of the landscape plan by the planning commission, prior to the issuance of a building permit.

4.

Effective approval period. Site plan approval by the planning commission shall remain effective for a period of three years; provided, however, that any plan submitted with the application for a building permit shall meet all requirements of this ordinance in effect at the time application is made for the permit. If a building permit is not obtained within three years, the approval shall expire and become null and void.

5.

Submission requirements. Site plans shall be submitted in accordance with the following:

a.

Scale:

(1)

For zoning lots of 25 acres or less: one inch equals 50 feet minimum; and

(2)

For zoning lots of over 25 acres: one inch equals 100 feet minimum;

b.

The location of driveways or intersecting streets within 100 feet of the zoning lot and on either side of the abutting street shall be indicated; and

c.

A preliminary grading plan in detail sufficient enough to determine whether or not extensive grading of the site is proposed and to enable the building height to be determined. Spot grades are sufficient, but should include locations near the major corners of buildings. First floor elevations and rooftop elevations should be indicated, if the proposed building height is to be within five feet of the maximum height limit and the grade is not constant, the average grade along each major building face shall be provided.

(Ord. of 3-21-2005, § 2810)

State Law reference— Submission and approval of site plan, MCL 125.3501.

1.

Cash guarantee for temporary waivers. In those instances where the planning commission or zoning board of appeals decides that an improvement such as a wall, berm, acceleration/deceleration lane, etc., which is a requirement of this ordinance, should be temporarily waived, the planning commission or zoning board of appeals may require a cash guarantee to ensure the eventual construction of such improvement if it is required at a future date.

2.

Acceptable deposit. If a guarantee is required, the applicant shall deposit cash, irrevocable letters of credit or other equivalent forms of security acceptable to the township attorney. The amount of such guarantee shall cover the estimated cost of the improvement.

3.

Release of monies. The guarantee shall include a schedule of costs assigned to the improvements. Monies may be released to the applicant in proportion to work completed on the improvement after inspection of work and approval of the building official; provided, however, that ten percent of the estimated costs shall be retained by the township until all work has been completed and subsequently inspected and approved by the building inspector.

4.

Each guarantee a separate agreement. If more than one guarantee is involved in the guarantee of improvements, each such guarantee shall be treated as a separate agreement and the ten-percent holdback may be released upon satisfactory completion of such phase of construction and approval by the building official.

(Ord. of 3-21-2005, § 2815)

State Law reference— Performance guarantee, MCL 125.3505.

The building inspector shall have the power to determine zoning compliance as herein provided and grant occupancy permits, to make inspections of buildings or premises prerequisite to carrying out the duties of the enforcement of this ordinance. It shall be unlawful for the building inspector to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until such plans have been inspected in detail and found to conform with this ordinance.

Under no circumstances is the building inspector permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out the building inspector duties.

The building inspector shall not refuse to issue a permit when conditions imposed by this ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements that may occur upon the granting of said permit.

(Ord. of 3-21-2005, § 2820)

The following shall apply in the issuance of any permit:

1.

Permits not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this ordinance.

2.

Permits for new use of land. No land heretofore vacant shall hereafter be used, or an existing use of land be hereafter changed to a new or different use unless a certificate of occupancy is first obtained for the new or different use.

3.

Permits for new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a new or different use unless a certificate of occupancy is first obtained for the new or different use.

4.

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any change in structural parts, or other changes affected by this ordinance.

5.

Temporary buildings. The building inspector is hereby authorized to permit a temporary building to be used as a field office in conjunction with a construction project, for a period not to exceed one year, or as otherwise provided by the board of appeals.

(Ord. of 3-21-2005, § 2825)

No land, building, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply to all certificates:

1.

Certificates not to be issued. No certificates of occupancy shall be issued for any building, structure or part thereof, or for the use of any land which is not in accordance with all the provisions of this ordinance.

2.

Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.

3.

Certificates including zoning. Certificates of occupancy as required by the township building code for new buildings or structures, or parts thereof, or for alterations to or changes or use of existing buildings or structures, shall also constitute certificates of occupancy as required by this ordinance.

4.

Certificates for existing buildings. Certificates of occupancy shall be assumed to have been issued for existing buildings, structures, or parts thereof, and for existing uses of land that are in conformity with the provisions of this ordinance.

5.

Records of certificates. A record of all certificates issued shall be kept on file in the office of the building inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

6.

Certificates for dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

7.

Application for certificates. Application for certificates of occupancy shall be made to the building inspector and such certificates shall be issued within five days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this ordinance and other codes and ordinances of the township.

If such certificate is refused for cause, the applicant shall be notified of such refusal and cause thereof, within the aforesaid five-day period.

8.

Temporary certificates of occupancy. The building inspector may issue a certificate of occupancy for the principal building on a project before full completion of screening, planting, fencing, and parking if, it is determined that such items could not have been completed at the same time as the building. The building inspector may further require a performance bond be posted with the township for 100 percent of the costs of required improvements, unless a performance bond has already been posted pursuant to section 2715. In all such instances, the certificate of occupancy shall be marked "Temporary, for One Year Only" and shall not be renewable. As soon as the screening, plantings, fencing and parking are fully completed and inspected and approved by the building inspector, the "temporary" certificate shall be cancelled and a permanent certificate issued. If any portions of the required screening, fencing, planting or parking are not fully completed within one year following the date of the temporary certificate, then the certificate shall automatically become null and void and the building inspector shall cause the use of any portion of the premises to be stopped until a permanent certificate can be issued.

(Ord. of 3-21-2005, § 2830)

The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof, shall notify the building inspector immediately upon the completion of the work authorized by such permit, for a final inspection.

(Ord. of 3-21-2005, § 2835)

Application fees will be established by resolution of the township board for the filing of various types of applications and administrative review procedures as established by this ordinance. Fees may be imposed for inspection of properties pursuant to the granting of a certificate of occupancy or conformity, for the filing of site plans, special use permits, board of appeals, and generally to determine compliance with any part of this ordinance. The amount of fees to be determined by resolution of the township board for various types of administrative review and compliance inspections may account for all direct and indirect township costs including, where deemed necessary, for the costs of retaining planning, engineering, environmental or fiscal impact consulting assistance. Said fees may be collected by the building inspector or other designated township official, in advance of the issuance of any of the herein required permits and application processes. The schedule of fees as established by resolution of the township board is subject to amendment from time to time.

(Ord. of 3-21-2005, § 2840)

The township planning commission is hereby designated as the board specified in Section 301 of Public Act No. 110 of 2006 (MCL 125.3301), as amended, and shall perform the duties of said board as provided in the statute in connection with the amendment of this ordinance.

(Ord. of 3-21-2005, § 2845)

The township board may, from time to time, on recommendation from the planning commission and on petition, amend, supplement or change the district boundaries or the regulations herein, or subsequently established pursuant to the authority and procedure established in Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended.

(Ord. of 3-21-2005, § 2850)

Each petition by one or more owners for an amendment shall be submitted to the building inspector on standard forms provided. Said application forms shall be completed in the manner prescribed and such documents as required by the ordinance shall be filed with the township clerk. A filing fee, as provided by resolution of the township board, shall be levied against a petitioner to cover the costs of administering the application process and for advertising public hearings and other incidental costs relative to said petition. The township clerk shall transmit the application to the planning commission who shall hold a public hearing as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, prior to any disposition of the petition.

(Ord. of 3-21-2005, § 2855)

A petition for rezoning, once denied by the township board, shall not be re-submitted within one year from the date of denial.

If the township board does not take any action to resolve a petition for rezoning after the public hearing within nine months, beginning with the initial day of filing, said petition shall be determined to have been denied.

(Ord. of 3-21-2005, § 2860)

In the interpretation and application of this ordinance, its provisions shall be held to be the minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience and general welfare. It is not intended by the ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinances other than the zoning ordinance, or with any rules or regulations previously adopted or issued, or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this ordinance imposes a greater restriction than is required by the existing ordinances or by rules, regulations, or permits, the provisions of this ordinance shall control.

(Ord. of 3-21-2005, § 2865)

Nothing in this ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. of 3-21-2005, § 2870)

1.

Violations. Any person, firm or corporation violating any of the provisions of this ordinance shall be responsible for a municipal civil infraction and be subject to the following:

A.

First offense. The civil fine for a first offense infraction shall be no less than $150.00;

B.

Second offense. The civil fine for a second offense infraction shall be no less than $250.00;

C.

Repeat offense. The civil fine for any infraction which is a third or greater offense shall be no less than $500.00.

D.

In addition to the above civil fines, upon an admission or finding of responsibility for a municipal civil infraction, the township shall also be entitled to reimbursement for all costs, expenses, and/or charges incurred by the township in the cleanup and/or abatement of a municipal civil infraction violation.

E.

If the municipal civil infraction affects real property and the owner of said property is found responsible for said municipal civil infraction, the court may order the owner to abate the violation. If the owner of said real property fails to abate the violation in the time allowed by the court, the township shall have the right to enter upon the land to abate the municipal civil infraction violation and shall have the right and power to add any and all costs incurred by the township for the abatement and cleanup of the violation to the tax roll of the property upon which the violation was located and to levy and collect such costs in the same manner as provided for the levy and collection of ad valorem real property taxes against said property.

F.

The township may also utilize all other sanctions authorized and provided for in Chapter 600 of the Revised Judicature Act of 1961, Subchapter 87, being MCLA §§ 600.8701—600.8735, as amended, in prosecuting municipal civil infraction violations.

G.

Failure of an alleged violator to appear within the time specified in a municipal civil infraction citation or at the time scheduled for hearing or appearance shall be a misdemeanor and the penalty shall be a fine not to exceed $500.00, or imprisonment in the Genesee County Jail for a term not exceeding 90 days, or both fine and imprisonment.

H.

A municipal civil infraction action brought for any violation of this chapter shall follow the procedures set forth in Chapter 600 of the Revised Judicature Act of 1961, including Subchapter 87 therein, specifically MCLA §§ 600.8701—600.8735, as amended.

2.

Public nuisance per se. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this ordinance and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

3.

Fines, imprisonment. The owner of any building, structure or premises, or part thereof, where any condition in violation of this ordinance shall exist or shall be created and who has assisted knowingly in the commission or such violation, shall be guilty of a separate offense and upon conviction thereof, shall be liable to the fines and imprisonment herein provided.

4.

Each day a separate offense. A separate offense shall be deemed committed upon each day a violation occurs or is continued.

5.

Rights and remedies are cumulative. The rights and remedies provided herein are cumulative and are in addition to any other remedies provided by law.

(Ord. of 3-21-2005, § 2875; Ord. No. 444, 1-14-2019)

State Law reference— Certain violations as nuisance per se, MCL 125.3407.

Sections of this ordinance shall be deemed to be severable, and should any section, paragraph or provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

(Ord. of 3-21-2005, § 2880)