No building or structure or part thereof shall
hereafter be erected, constructed or altered and maintained, and no
new use or change shall be made or maintained of any building, structure
or land, or part thereof, except in conformity with the provisions
of this chapter.
The provisions of this chapter shall be administered
and enforced by the Building Official, or his deputies, or such other
official or officials as may be designated by the Township Board.
Specific duties of the Building Official include the following:
A.
Grant permits and make inspections. The Building Official
shall have the power to grant zoning compliance and occupancy permits
and to make inspections of buildings or premises necessary to carry
out his or her duties in the enforcement of this chapter.
B.
Inspect plans for conformance. It shall be unlawful
for the Building Official to approve any plans or issue any permits
or certificates of occupancy for any excavation or construction until
he has inspected such plans in detail and found them to conform to
this chapter.
C.
Record nonconforming uses. The Building Official shall record all nonconforming uses existing at the effective date of this chapter for the purpose of carrying out the provisions of Article 18, Nonconforming Situations.
D.
Carry out terms of chapter. Under no circumstances
is the Building Official permitted to make changes to this chapter,
nor to vary the terms of this chapter, in carrying out his duties
as Building Official.
E.
Issue permits if in compliance with chapter. The Building
Official shall not refuse to issue a permit when conditions imposed
by this chapter are complied with by the applicant despite violations
of contracts, such as covenants or private agreements, which may occur
upon the granting of said permit.
[Amended 3-3-2008 by Ord. No. 297]
A.
The Building Official shall require that all applications
for building permits be accompanied by plans and specifications, including
a plot plan, in triplicate, drawn to scale, showing the following;
(1)
Legal description of the property.
(a)
Address of the property, owner's name and telephone
number.
(b)
North arrow and location map.
(c)
The actual shape, location, and dimensions of
the lot, including all easements.
(d)
The location of all utility lines, poles, manholes
and appurtenances. Also, the location of all features such as fences,
trees, sidewalks, patios, driveways. For a residential accessory structure,
this information may be limited to the area within 20 feet of the
proposed structure.
(2)
The shape, size, and location of all buildings or
other structures to be erected, altered, or moved and all existing
buildings and other structures on the lot.
(3)
The existing and intended use of the lot and all such
structures upon it, including, in residential areas, the number of
dwelling units the building is intended to accommodate.
(4)
A grading plan prepared by a registered engineer or
licensed surveyor. A grading plan is not required if the Building
Official confirms no grade change will occur. Such plan shall include:
(a)
Existing and proposed topography using spot
elevations, flow arrows, and contour lines to clearly indicate existing
and proposed drainage patterns for the entire site and all abutting
land within 10 feet of the property lines. The topographic data shall
extend to the edge of the road surface where the property abuts road
right-of-way.
(b)
Elevations for proposed structures or structures
to remain, including basement and first floor elevations.
(c)
Two permanent benchmarks, which will not be
disturbed during construction and are tied to USC and GS datum.
(d)
Invert elevation, rim elevation, percentage
of grade and manhole locations for all storm and sanitary sewers.
(e)
Plan and details of proposed drainage structures.
(f)
Designer's seal, signature, address and phone
number.
(5)
Such other information concerning the lot or adjoining
lots as may be essential for determining whether the provisions of
this chapter are being observed.
B.
The following standards shall apply to grading plans:
(1)
The ground should be sloped away from buildings at
a grade of 5% for a distance of 10 feet.
(2)
Yard slopes should be at least 1% and not more than
3% unless necessary due to existing topography.
(3)
Where practical, existing drainage onto adjoining
parcels shall be eliminated.
(4)
There shall be no increased volume or concentration
of drainage onto adjoining properties unless a drainage easement is
first obtained. A copy of the recorded easement shall be provided
to the Township before a permit is issued.
(5)
Existing drainage from adjacent properties shall be
accommodated without restriction or interference.
(6)
Proposed elevations shall match the existing elevation
at the property lines.
A.
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 chapter.
B.
No building or structure, or part thereof, shall be
changed to or occupied by a use of a different class or type unless
a certificate of occupancy is first obtained for the new or different
use.
C.
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 changes in structural
parts, stairways, type of construction, type, class or kind of occupancy,
light or ventilation, means of egress and ingress, or other changes
affecting or regulated by the Charter Township of East China Building
Code, Housing Law, or this chapter, except for minor repairs or changes
not involving any of the aforesaid features.
D.
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 Official immediately upon
the completion of the work authorized by such permit, for a final
inspection.
E.
Landfill permit. A landfill permit shall be obtained
in accordance with the provisions of the East China Township Code
of Ordinances for all grading involving filling the site with 20 or
more cubic yards of earth procured from off the site.
[Amended 3-3-2008 by Ord. No. 297]
[Amended 3-3-2008 by Ord. No. 297]
A.
Prior to the issuance of a final certificate of occupancy,
one set of as-built plans must be submitted to the Township. The purpose
of the as-built drawing is to clearly identify the location of permitted
improvements and, if applicable, demonstrate compliance with the grading
plan. Such plans shall be drawn with an accuracy of +/- one foot horizontal,
+/- one hundredth of one foot vertical, sealed and signed by a registered
architect, engineer or land surveyor, bearing the date the survey
was completed and shall include the following:
(1)
The location and elevation of all buildings.
(2)
The location and elevations of drainage structures
and pipes, water service leads and shutoff valves, and sanitary sewer
leads and cleanouts that were constructed or altered as part of the
permitted improvements. Locations of such structures shall be referenced
by two-dimensional ties to permanent features such as building corners
or property irons.
(3)
The actual elevations, contours and drainage patterns
in comparison with all of the approved elevations.
B.
The Township shall either accept the as-built drawing
if it is found to be in substantial compliance with the approved plan,
or, within 30 days' notification, the applicant shall make all necessary
corrections and provide a revised as-built drawing to the Township.
A.
No land, building, or part thereof shall be occupied
by or used for any purpose unless and until a certificate of occupancy
shall have been issued for such use.
(1)
No land heretofore vacant shall hereafter be used
or an existing use of land be hereafter changed to a use of a different
class or type unless a certificate of occupancy is first obtained
for the new or different use.
(2)
No building or structure, or parts thereof, which
is hereafter erected or altered, shall be occupied or used or the
same caused to be done, unless and until a certificate of occupancy
shall have been issued for such building or structure.
(3)
Buildings or structures accessory to dwellings shall
not require separate certificates of occupancy, but maybe included
in the certificate of occupancy for the dwelling when shown on the
plot plan and when completed at the same time as such dwellings.
B.
The following shall apply in the issuance of any certificate:
(1)
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 chapter.
(2)
Certificates of occupancy as required by the Township Building Code. (See Chapter 172, Building Construction.) For new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.
[Amended 3-3-2008 by Ord. No. 297]
C.
A record of all certificates issued shall be kept
on file in the office of the Building Official, and copies shall be
furnished upon request to any person having a proprietary or tenancy
interest in the property involved.
D.
If such certificate is refused for cause, the applicant
therefor shall be notified of such refusal and cause thereof.
Fees for inspection and the issuance of permits
or certificates or copies thereof required or issued under the provisions
of this chapter maybe collected by the Township in advance of issuance.
The amount of such fees shall be established by resolution of the
Township Board and should cover the cost of administration of this
chapter.
Whenever any section of this chapter refers
to this section, notice of a public hearing shall be given in accordance
with Public Act No. 184, as amended.[1]
[1]
Editor's Note: See Act No. 184, PA 1943 (MCLA
§ 125.271 et seq.).
A.
The owner of any building, structure or premises or
part thereof, where any condition in violation of this chapter shall
exist or shall be created, and who has assisted knowingly in the commission
of such violation shall be responsible for a separate infraction and
upon a finding of responsibility therefor shall be liable for the
fine(s) as herein provided. The rights and remedies provided herein
are cumulative and in addition to any other remedies provided by law.
B.
Any person, firm or corporation violating any of the
provisions of this chapter shall be responsible for a municipal civil
infraction, shall be subject to a fine for each infraction as established
by the Township Board, along with the costs for prosecution. The imposition
of any penalty shall not exempt the offender from compliance with
the requirements of this chapter.
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 chapter 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.
In the interpretation and application, the provisions
of this chapter shall be held to be minimum requirements adopted for
the promotion of the public health, morals, safety, comfort, convenience
or general welfare.
It is not intended by this chapter to repeal,
abrogate, annul, or in any way to impair or interfere with any existing
provision of law or ordinance other than the above described Zoning
Ordinance, or with any rules, regulations or permits 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 chapter imposed a greater restriction than is required
by existing ordinance or by rules, regulations or permits, the provisions
of this chapter shall control.
Whenever any provision of this chapter imposes
more stringent requirements, regulations, restrictions or limitations
than are imposed or required by the provisions of any other law or
ordinance, then the provisions of this chapter shall govern. Whenever
the provisions of any other law or ordinance impose more stringent
requirements than are imposed or required by this chapter, then the
provisions of such ordinance shall govern.
Nothing in this chapter should 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.
The Township Board may from time to time, on
recommendation from the Planning Commission, or on petition, amend,
supplement or change the district boundaries of the regulations herein,
or subsequently established herein, pursuant to the authority and
procedure established in Act 184 of the Public Acts of 1943, as amended.[1]
[1]
Editor's Note: See MCLA § 125.271
et seq.
The Township Planning Commission is hereby designated
as the Commission specified in Section 11 of Act 168 of the Public
Acts of 1959,[1] and shall perform the duties of said Commission as provided
in the statute.
[1]
Editor's Note: See MCLA § 125.331.
[Added 1-7-2013 by Ord. No. 308]
A.
To ensure compliance with this chapter and any condition imposed
hereunder, the Township Board, Planning Commission, and/or Building
Official may require that a cash deposit, certified check, irrevocable
bank letter of credit, or surety bond acceptable to the Township,
covering 50% of the estimated costs of improvements associated with
a project for which site plan approval is sought, be deposited with
the Township to ensure faithful completion of the improvements.
B.
The performance guarantee shall be deposited at the time of the issuance
of the building permit authorizing the activity or project or prior
to the issuance of a temporary certificate of occupancy. The Township
may utilize the Township Engineer in reviewing or establishing the
estimated cost of improvements for the project. The Township shall
establish procedures whereby a rebate of any cash deposits in reasonable
proportion to the ratio of work completed on the required improvements
will be made as work progresses.
C.
As used in this section, "improvements" means those features and
actions associated with a project that are considered necessary by
the body or official granting approval to protect natural resources
or the health, safety and welfare of the residents of the Township
and future users or inhabitants of the proposed project or project
area, including roadways, lighting, utilities, sidewalks, screening,
landscaping and drainage.
