A. 
Text amendments to this chapter may be initiated by the Township Board on its own motion or, in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm or corporation filing an application therefor with the Township Board. The Planning Commission may, at its discretion, also initiate text amendments to this chapter and recommend the same to the Township Board for adoption.
B. 
Rezoning amendments may be initiated by the Township Board on its own motion or, in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any property owner filing an application therefor with the Township Board. The Planning Commission may, at its discretion, also initiate rezoning amendments to this chapter and recommend the same to the Township Board for adoption.
A. 
Filing of applications. All petitions for amendments to this chapter shall be in writing, signed and filed in triplicate with the Township Clerk for presentation to the Township Board.
B. 
All petitions for amendments to this chapter, without limiting the right to file additional material, shall contain the following:
(1) 
The petitioner's name, address and interest in the petition, as well as the name, address and interest of every person, firm or corporation having a legal or equitable interest in the land.
(2) 
The nature and effect of the proposed amendment.
(3) 
If the proposed amendment would require a rezoning of land, a fully dimensioned map showing the land which would be affected by the proposed amendment, a legal description of such land, the present zoning classification of the land, the zoning classification of all abutting districts, all public and private rights-of-way and easements bounding and intersecting the land under consideration.
(4) 
If the proposed amendment would require a rezoning of land, the names and addresses of the owners according to the current tax roll of all land within 300 feet of the perimeter of the area to be changed by the proposed amendment.
(5) 
The alleged error in this chapter which would be corrected by the proposed amendment with a detailed explanation of such alleged error and detailed reasons the proposed amendment will correct the same.
(6) 
The changed or changing conditions in the area or in the Township that make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare.
(7) 
All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.
C. 
The Township Board, upon receipt of the petition to amend, after having it examined and approved as to form and content by the Clerk, shall refer the same to the Township Planning Commission for study and report.
D. 
Public hearing. Before submitting its recommendations on the petition to amend, the Planning Commission shall hold at least one public hearing, notice of which shall be given by one publication in a newspaper of general circulation in the Township not less than 15 days prior to the hearing. In addition, the following procedures of this Subsection D shall be followed:
(1) 
Not less than 15 days' notice of the time and place of such hearing shall be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service to each electric, gas, pipeline, telephone public utility company, and airport manager which registers its name and mailing address with the Township Planning Commission for the purpose of receiving such notice, and to each railroad operating within the district or zone affected. An affidavit of mailing shall be maintained.
(2) 
If an individual property or 10 or fewer adjacent properties are proposed for rezoning, notice shall be sent, by personal delivery or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service, to the owners of property of which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall be given not less than 15 days before the date the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall do all of the following:
(a) 
Describe the nature of the request.
(b) 
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the 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. For any group of adjacent properties numbering 11 or more that is proposed for rezoning, the requirement that street addresses be listed, as well as the required notice to all property owners who own real property within the specified 300 feet, does not apply to that group of adjacent properties.
(c) 
State when and where the request will be considered.
(d) 
Indicate when and where written comments will be received concerning the request.
(3) 
If an individual property is proposed for rezoning, the property may be conspicuously posted with a notice of the proposed rezoning and public hearing thereon.
E. 
Following the public hearing, the Planning Commission shall submit the proposed amendment to the Berrien County Planning Commission for approval. The approval of the County Planning Commission shall be conclusively presumed unless the County Planning Commission, within 30 days of receipt, notifies the Township Clerk of its disapproval.
F. 
The Township Planning Commission shall then refer the proposed amendment to the Township Board along with its written recommendations for approval or disapproval and reasons therefor. A summary of the public hearing comments shall be included.
G. 
A public hearing conducted by the Township Board shall not be necessary unless a request is made, in writing, delivered by certified mail, addressed to the Clerk by a property owner. A hearing under this subsection is not subject to the requirements of Subsection D, except that notice of the hearing shall be given to the interested property owner when personally delivered or when deposited during normal business hours for delivery with the United Stated Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. The notice shall also meet the requirements of Subsection D(2)(a) through (d).
H. 
Thereafter, the Township Board shall introduce the amendment at any regular or special meeting called therefor and publish said amendment as either a true copy or in summary form and explaining when and where the amendment will be deliberated and acted upon. If a summary of the proposed amendment is published, the Township shall include in the publication the designation of a location in the Township where a true copy of the amendment can be inspected or obtained. Thereafter, the Township Board may approve such amendment by a majority vote of the members of the Township Board and publish such, in its final form, within 15 days after adoption.
I. 
Upon enactment, the zoning ordinance, as well as subsequent amendments, shall be filed with the Township Clerk. The Supervisor and Township Clerk shall authenticate the record by their official signatures on the record and one notice of ordinance adoption shall be published in a newspaper of general circulation in the Township within 15 days after adoption. The notice shall include the following information:
(1) 
In the case of a newly adopted zoning ordinance, the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the Township Board of the Charter Township of Watervliet."
(2) 
In the case of an amendment to an existing ordinance, a summary of the regulatory effect of the amendment, including the geographic area affected.
(3) 
The effective date of the ordinance or amendment.
(4) 
The place and time where a copy of the ordinance or amendment may be purchased or inspected.
(5) 
A copy of the notice required under Subsection I shall be mailed to the airport manager of an airport entitled to notice under Subsection D of this section.
J. 
Within seven days after publication, the amendment to the zoning ordinance shall be filed in the official ordinance book of the Township with a certification of the Township Clerk stating the vote on passage and when published and filed. If the amendment requires a change on the Official Zoning Map, such change shall be made on the map in accordance with provisions of Article I of this chapter within 10 days after enactment of the amendment.
K. 
An amendment to conform to a provision of the zoning ordinance to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the legislative body and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for under this chapter.
A. 
Intent. It is recognized that there are certain instances where it would be in the best interest of the Township, as well as property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of Section 405 of the Michigan Zoning Enabling Act (MCLA § 125.3405), as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.
B. 
Applications and offer of conditions.
(1) 
An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.
(2) 
The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.
(3) 
The owner's offer of conditions may not purport to authorize uses or development not permitted in the requested new zoning district.
(4) 
The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
(5) 
Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of Article X of this chapter.
(6) 
Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of Article XIV of this chapter.
(7) 
Any use or development proposed as part of an offer of conditions will be accompanied by a site plan in accordance with the provisions of Article XII of this chapter.
(8) 
The offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of his offer of conditions any time prior to final rezoning action by the Township Board, provided that if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
C. 
Planning Commission review. The Planning Commission, after a public hearing held in accordance with the requirements of § 450-77 of this article, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
D. 
Township Board review. After receipt of Watervliet Township and Berrien County Planning Commission's recommendations, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in § 450-77 of this article. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if such recommended amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board shall, in accordance with Section 405 of the Michigan Zoning Enabling Act (MCLA § 125.3405), refer such amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.
E. 
Approval.
(1) 
If the Township Board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.
(2) 
The statement of conditions shall:
(a) 
Be in a form recordable with the Berrien County Register of Deeds Office or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the Township Board.
(b) 
Contain a legal description of the land to which it pertains.
(c) 
Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.
(d) 
Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the documents may be examined.
(e) 
Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the Township with the Register of Deeds Office.
(f) 
Contain the notarized signatures of all the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.
(3) 
Upon the rezoning taking effect, the Zoning Map shall be amended in accordance with the requirements of § 450-77 along with a designation that the land was rezoned with a statement of conditions. The Township Clerk shall maintain a listing of all lands rezoned with a statement of conditions.
(4) 
The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the Township with the Register of Deeds Office. The Township Board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the Township or to any subsequent owner of the land.
(5) 
Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.
F. 
Compliance with conditions.
(1) 
Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.
(2) 
No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.
G. 
Time period for establishing development or use. The approved development and/or use of the land, pursuant to building and other required permits, must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Township Board if:
(1) 
It is demonstrated to the Township Board's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and
(2) 
The Township Board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
H. 
Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection G of this section, then the land shall revert to its former zoning classification as set forth in MCLA § 125.3405. The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning the land to its former zoning classification per the requirements of § 450-77 of this article.
I. 
Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to Subsection H of this section or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Township Clerk shall record with the Register of Deeds Office a notice that the statement of conditions is no longer in effect.
J. 
Amendment of conditions.
(1) 
During the time period for commencement of an approved development or use specified pursuant to Subsection G above or during any extension thereof granted by the Township Board, the Township shall not add to or alter the conditions in the statement of conditions.
(2) 
The statement of conditions may be amended thereafter only in the same manner as was prescribed for the original rezoning and statement of conditions.
K. 
Township right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the Township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this article and the Michigan Zoning Enabling Act (MCLA § 125.3101 et seq.).
L. 
Failure to offer conditions. The Township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's right under this chapter.
The Planning Commission shall, from time to time at intervals of not more than one year, examine the provisions of this chapter and the locations of district boundary lines and shall submit a written report to the Township Board recommending changes and amendments, if any, which are desirable in the interest of the public health, safety and general welfare.