[Ord. No. 2006-03, 8-1-2006]
No division, transfer, or plat of land required by this chapter
or the Land Division Act (MCL § 560.101 et seq., as amended)
shall be admitted to the public land records of Ingham County or recorded
by the Ingham County Register of Deeds, until such division, transfer,
or plat has received approval by the Township. No public board, agency,
commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements
required by this chapter unless such public improvements have been
accepted or otherwise permitted in accordance with the terms of this
chapter. No public board, agency, commission, official or other authority
shall issue building or occupancy permits for structures on lands
subject to this chapter where the proprietor or applicant has not
complied with the requirements set forth herein.
[Ord. No. 2006-03, 8-1-2006]
The proprietor or applicant shall be responsible for payment
of all required fees, in accordance with the fee schedule adopted
and, from time-to-time, updated by the Township Board.
The established fee shall be deposited with the Township and
until the fee is paid, no land division, transfer, or plat shall be
considered or reviewed.
[Ord. No. 2006-03, 8-1-2006]
(1)
Applicability. The Township Board may grant a waiver from the provisions
of this chapter, provided the waiver does not pertain to requirements
which are under the jurisdiction of the Zoning Board of Appeals.
(2)
Submittal requirements. A request for a waiver shall be made in writing
at the time when the tentative preliminary plat is submitted to the
Township. The request shall state fully and clearly all facts relied
upon and shall be supplemented with maps, plans, and other additional
data which may aid the Planning Commission and Township Board in the
analysis of the proposed waiver.
(3)
Review procedures. During tentative preliminary plat review, the
Planning Commission may recommend the Township Board grant a waiver
from the provisions of this chapter on a finding that undue hardship
or practical difficulties result from strict compliance with specific
provisions or requirements of this chapter, provided the waiver does
not pertain to requirements which are under the jurisdiction of the
Zoning Board of Appeals.
(4)
Review criteria. In making its recommendation, the Planning Commission
shall take into account the following standards and requirements.
The Township Board shall not grant a waiver unless it complies with
the following standards and requirements:
(a)
There are such special circumstances or conditions affecting
said property [that] the strict application of the provisions of this
chapter would clearly be impractical or unreasonable. In such cases
the proprietor shall first state the reasons in writing as to the
specific provision or requirement involved.
(b)
The granting of the specified waiver will not be detrimental
to the public welfare or injurious to other properties in the area
in which said property is situated.
(c)
Such waiver will not violate the provisions of the Land Division
Act (MCL § 560.101 et seq., as amended) nor create a violation
of the Code of Ordinances.
(d)
Such waiver will not have the effect of nullifying the intent
and purpose of this chapter.
(e)
The need for the waiver has not been self-created by the proprietor
or predecessors.
(5)
Planning Commission recommendation. In recommending approval of a
waiver request, the Planning Commission may suggest requirements or
conditions which will, in its judgment, substantially secure the objectives
and requirements of this chapter. Waivers from any provision of this
chapter, where permitted, shall be subject to such conditions and
time constraints as the Township Board may deem appropriate at the
time such waiver is granted.
(6)
Township Board action. The Township Board shall approve, approve
with conditions, or deny the waiver and shall give its reasons as
part of the official record of the plat.
(7)
Effective period. The waiver shall remain effective for a time period
which coincides with the plat and shall expire concurrent with the
expiration of the plat.
[Ord. No. 2006-03, 8-1-2006]
To guarantee compliance with this chapter and any conditions
imposed by this chapter, the Director of Community Planning and Development
may require a bond, cash deposit, certified check, or irrevocable
bank letter of credit in a form acceptable to the Township covering
the estimated cost of incomplete improvements and be deposited with
the Township Treasurer to insure faithful completion of the improvements.
As required improvements are completed and approved by the Township,
portions of a cash deposit or certified check may be rebated. In case
a letter of credit is on file with the Township Treasurer, a new letter
of credit may replace the letter of credit on file.
[Ord. No. 2006-03, 8-1-2006]
The Township Supervisor, Township Manager, Director of Community
Planning and Development and Director of Public Works and Engineering
or their designees are hereby designated as authorized Township officials
to investigate alleged violations of this chapter and to take appropriate
action. Such action may include an order to correct the violation,
issuance of an appearance ticket pursuant to the Land Division Act
(MCL § 560.101 et seq., as amended) or other actions as
provided for by state law and Township ordinances.
[Ord. No. 2006-03, 8-1-2006]
A person who violates any provision of this chapter is responsible
for a municipal civil infraction, subject to payment of a civil fine
of $75, plus costs which may include all direct and indirect expenses
to which the Township has been put in connection with the municipal
civil infraction as provided in Chapter 124. However, in no case shall
costs of less than $9 or more than $500 be ordered. Repeat offenses
under this chapter shall be subject to increased fines as provided
by § 124-6 of Chapter 124 and § 125-11 of Chapter 125. Each
act of violation and every day upon which such violation should occur
shall constitute a separate offense. Abatements shall not be considered
as payment or part of a violation's penalty.
[Ord. No. 2006-03, 8-1-2006]
In addition to all other remedies, including the penalties provided in § 62-150 of this chapter, the Charter Township of Meridian may commence and prosecute appropriate actions in the circuit court for the County of Ingham or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter, or to correct, remedy or abate such noncompliance or violation.
[Ord. No. 2006-03, 8-1-2006]
Any prosecution arising from a violation of ordinances or regulations
repealed herein, which prosecution may be pending at the time this
chapter shall become effective, or any prosecution which may be commenced
in the future for any offenses committed before the effective date
of this chapter, may be instituted, tried and determined in accordance
with the provisions of such ordinances or regulations in effect at
the time of the commission of the offenses.
[Ord. No. 2006-03, 8-1-2006]
(1)
Interpretation. The interpretation and application of the provisions
of this chapter shall be held to be the minimum requirements. More
stringent provisions may be required if it is demonstrated different
standards are necessary to promote the public health, safety, and
welfare.
(2)
Conflict. Where the conditions imposed by any provisions of this
chapter are either more or less restrictive than comparable conditions
imposed by any other provisions of this chapter or of any other applicable
law, ordinance, resolution, rule or regulation of any kind, the regulations
which are more restrictive and impose higher standards or requirements
shall govern.
(3)
Severability. The provisions of this chapter are severable. If a
section, sentence, clause, or phrase of this chapter is adjudged by
a court of competent jurisdiction to be invalid, the decision shall
not affect the remaining portions of this chapter.
[Ord. No. 2006-03, 8-1-2006]
All other subdivision regulations heretofore adopted by the
Planning Commission or Township Board and all amendments thereto,
are hereby specifically repealed as of the effective date of this
chapter. All other ordinances conflicting or inconsistent with the
provisions of this chapter, to the extent of such conflict or inconsistency
only, are hereby repealed.
