The provisions of this chapter shall be administered by the
Zoning Administrator and shall be enforced by the Township Board,
the Township Board's designee or the Zoning Administrator.
A.
A building or structure shall not be erected, moved, reconstructed,
altered, extended or enlarged, nor shall other structural changes
be made in a building or structure, unless a zoning permit authorizing
such activity is first issued. All such activity, including excavating
for a building or structure, shall be carried out only in accordance
with the terms of the zoning permit.
(1)
No building permit shall be issued by the Building Official
unless a zoning permit for such construction or other work has been
issued.
B.
Zoning permits are issued by the Zoning Administrator upon the Administrator's
determination that all proposed construction, other work or land use
would comply with this chapter. A zoning permit may include terms
and conditions necessary or useful in assuring compliance with the
terms of this chapter.
C.
The person proposing any of the construction, other work, or land use activity described in Subsections A and B shall apply for a zoning permit on a form provided by the Township and shall submit the same to the Zoning Administrator.
(1)
The application shall describe in detail the proposed construction,
other work or other land use activity.
(2)
The application shall include a site plan, drawing, or other
detailed depiction of the proposed construction, other work, or other
land use activity, in the required number of copies, together with
such other plans and specifications as the Zoning Administrator may
determine necessary for a decision as to compliance with this chapter.
(3)
The Zoning Administrator may waive or vary portions of the foregoing
requirements that the Administrator determines are not necessary to
verify compliance with this chapter.
D.
A copy of the zoning permit, as issued by the Zoning Administrator,
shall be conspicuously displayed on the building, land, or other applicable
premises prior to the commencement of any work and shall be continuously
displayed until all work or other authorized activity has been completed.
E.
A zoning permit shall be valid and effective only if the excavation,
erection, construction, reconstruction, alteration, extension, enlargement,
or other work or activity is commenced not later than 90 days after
the date of issuance of the permit and is diligently pursued to completion.
In the absence of such commencement within such 90 days, or in the
absence of diligent progress in the work thereafter, a new application
shall be required.
F.
A zoning permit shall not be valid or effective unless all exterior
aspects of the construction, reconstruction, alteration, erection,
extension, or enlargement are completed not later than 18 months after
the date of issuance of the zoning permit; provided, however, that
in the case of extenuating circumstances preventing such completion
within such period of time, the applicant may apply for an extension
of time for such completion, and the same may be approved by the Zoning
Administrator for a period of time determined by the Administrator
by the issuance of an amended zoning permit.
A.
The Zoning Administrator may revoke and cancel a zoning permit if
the applicant or any person acting for the applicant has failed or
neglected to comply with any applicable term or provision of this
chapter or any term or provision of the zoning permit, or if the Administrator
determines that the applicant has made a material false statement
in the application for the permit.
B.
Written notice of any such revocation and cancellation shall be sent
by first-class U.S. Mail to the applicant or posted at the construction
site. Such mailing or posting shall constitute notice to the applicant
that the zoning permit has been revoked.
C.
The written notice of revocation and cancellation of a zoning permit
shall terminate all rights of the applicant arising under the terms
of the permit, as of the date of issuance of the notice. As of the
date of the notice, the applicant shall cease all construction or
other work originally authorized by the permit.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, structure or other premises which have been erected,
constructed, reconstructed, moved, altered, extended or enlarged until
the Building Official has inspected the building, structure or other
premises, and has approved the same for occupancy by issuance of a
certificate of occupancy. A certificate of occupancy shall not be
issued until the Building Official has ascertained that all applicable
requirements of this chapter and the Township Construction Code[1] have been complied with.
A.
All applicants for the rezoning of lands, special land uses, site
plan approval, condominium and site condominium approvals, platted
subdivision approvals, variances, permits, special exception approvals,
and all other land use review or consideration provided for by the
terms of this chapter shall pay to the Township any required application
fee and other fees or charges established by resolution of the Township
Board. Applicants shall also deposit all required amounts into a zoning
escrow account as provided by resolution of the Township Board, and
such deposited sums shall be used for reimbursement of Township expenses
with respect to the zoning applications or other relief being applied
for.
B.
An application for any of the above-stated land use reviews and considerations,
and other applications authorized hereunder, shall not be complete,
and need not be considered, until the required application fee and
other charges have been paid in full and until the deposit of the
required sum into any required zoning escrow account has taken place
and such deposit maintained or reestablished at the required amount.
A.
Except as stated otherwise in this chapter, whenever a public hearing
on a zoning application is required by this chapter or by the Michigan
Zoning Enabling Act, as amended,[1] notice of the public
hearing shall be published and delivered in accordance with the requirements
of this section.
[1]
Editor's Note: See MCL 125.3101 et seq.
B.
The notice shall be published once, at least 15 days before the date
of the public hearing, in a newspaper of general circulation in the
Township.
C.
Delivery of notice.
(1)
For applications involving the rezoning of 10 or fewer adjacent
properties; for applications to the Zoning Board of Appeals involving
a specific parcel of land; for all planned unit development and special
land use applications; and for other zoning applications as to which
a public hearing is required, a notice of public hearing shall be
personally delivered or shall be mailed by first-class U.S. Mail to
the following persons, at least 15 days before the date of the public
hearing:
(a)
The applicant; the owner of the subject property, if different
from the applicant;
(b)
All persons to whom real property is assessed for property taxes
within 300 feet of the property that is the subject of the application,
as the names and addresses of such persons are shown on the current
Township property tax assessment roll;
(c)
One occupant of each dwelling unit in each building that contains
four or fewer dwelling units and is located within 300 feet of the
subject property; and
(d)
The owner or manager of a building containing more than four
dwelling units, who shall be requested, in writing, to post the notice
at the primary entrance of the building, but failure of such posting
shall not constitute lack of notice to the owners or occupants of
such dwelling units.
(2)
If the above-described 300-foot radius extends outside the Township's
boundaries, the notice shall nevertheless be provided outside of the
Township's boundaries, within the 300-foot radius, to all relevant
persons stated above in this subsection.
D.
The notice of public hearing shall include the following information:
(1)
A description of the application or request.
(2)
An identification of the property that is the subject of the
application or request. The notice shall include a listing of all
existing street addresses within the property; provided, however,
that street addresses do not need to be created and listed if no such
addresses currently exist within the property; and provided further
that street addresses do not need to be listed if 11 or more adjacent
properties are being proposed for rezoning.
(3)
The date and time when the application or request will be considered;
the location of the public hearing.
(4)
The location or address where written comments concerning the
application or request will be received; the period of time within
which such written comments may be submitted.
A.
When financial security is required for completion of any improvement
provided for by this chapter, such security shall comply with the
requirements stated in this section.
B.
Performance bond.
(1)
The bond shall inure to the benefit of the Township and shall
cover the construction, operation and maintenance of the improvement.
(2)
The bond shall be in an amount equal to the total estimated
cost for completing construction of the improvement, including contingencies,
as estimated by the Planning Commission and the Township Engineer.
(3)
The Planning Commission or other Township body having jurisdiction
in the matter shall specify the term during which the bond shall remain
in force.
(4)
The bond shall be guaranteed by a surety company authorized
to do business in the State of Michigan and acceptable to the Township.
C.
Cash deposit, certified check or irrevocable bank letter of credit.
(1)
A cash deposit, certified check or an irrevocable bank letter
of credit, acceptable to the Township, shall be submitted to the Township,
to the attention of the Zoning Administrator.
(2)
In the case of an irrevocable bank letter of credit, the terms
thereof and the depository bank shall be subject to the approval of
the Township.
(3)
The dollar value of a cash deposit, certified check or an irrevocable
bank letter of credit shall be equal to the total estimated cost of
construction of the improvement, including contingencies, as estimated
by the Township Engineer.
(4)
The period of effectiveness for the cash deposit, certified
check or irrevocable bank letter of credit shall be as specified by
the Township.
D.
Such security shall be used by the Township for the purpose of completing
improvements if an applicant or a developer fails to do so, including,
but not limited to, payment of engineering, legal, and other professional
services, as well as completion of applicable improvements; provided,
however, that the Township shall not be obliged to complete any such
improvements.
E.
Upon certification by the Zoning Administrator that all improvements
have been fully completed, the Zoning Administrator shall authorize
the return or termination of all security that has been provided.
As improvements are completed, the Zoning Administrator may authorize
reductions in the amount of security, but security may be retained
in an amount not exceeding the estimated cost of all remaining improvements.
F.
If a required performance bond or irrevocable letter of credit has
expired or is terminated prior to completion of all construction or
other work for which such security has been given, then all such construction
and other work shall be stopped until an appropriate security satisfactory
to the Township has been submitted and accepted.
A.
Upon notice given by the Zoning Administrator or Building Official
that any land use is occurring or that any work on a building or structure
is being carried out contrary to or in violation of any provision
of this chapter, such land use or work shall be immediately stopped.
The stop-work order shall be in writing and shall be given in the
name of the Zoning Administrator or Building Official. It shall be
posted on the property involved and shall be sent by first-class U.S.
Mail to the owner of the property involved, as the owner's address
is shown in the current Township property tax assessment roll, and
may also be sent to any other last-known address of the property owner.
B.
Any person who shall continue to work in or about a building or structure
or to use land or a building or structure after a stop-work order
has been posted at the site and mailed to the property owner shall
be in violation of this chapter, including provisions thereof cited
in the stop-work order, except such work as the Zoning Administrator
or the Building Official may authorize to be performed in order to
moderate or end a violation.
A.
Any use of land which is commenced or conducted, or any building
or structure which is erected, moved, placed, reconstructed, razed,
extended, enlarged, altered, maintained or changed, in violation of
any provision of this chapter is hereby declared to be a nuisance
per se.
B.
Any person who disobeys, omits, neglects or refuses to comply with
any provision of this chapter or any permit, approval or exception
granted hereunder or any lawful order of the Building Official, Zoning
Administrator, Zoning Board of Appeals, or the Township Board issued
in pursuance of this chapter shall be in violation of this chapter.
Any such violation is hereby declared to be a nuisance per se.
C.
A violation of this chapter is a municipal civil infraction, for
which the fine shall not be less than $100 nor more than $500 for
the first offense and not less than $250 nor more than $1,000 for
subsequent offenses, in the discretion of the court, and in addition
to all other costs, damages, attorneys' fees, and expenses provided
by law. For purposes of this section, "subsequent offense" means a
violation of the provisions of this chapter committed by the same
person within 12 months of a previous violation of the same provision
of this chapter, for which said person admitted responsibility or
was adjudicated to be responsible. Each day during which any violation
continues shall be deemed a separate offense.
D.
Any one or more of the following Township officials are authorized
to issue citations for violation of provisions of this chapter which
are designated to be municipal civil infractions, if any one or more
of them have reasonable cause to believe that an infraction has occurred,
based upon personal observation or the report of a person who has
allegedly witnessed the infraction:
E.
If a citation is based solely upon the complaint of someone who allegedly
witnessed the violation, and not upon the personal observation of
the official, then the citation shall be approved, in writing, by
the Township Supervisor and the Township Attorney.
F.
Citations shall be numbered consecutively and shall be in a form
approved by the State Court Administrator's office.
G.
Citations shall be served upon the alleged violator as provided by
law.
H.
Citations shall require an appearance at the District Court within
a reasonable time after the citation has been issued.
I.
The procedures for the admission or denial of responsibility, request
for informal or formal hearings, and all other matters related to
processing of citations for civil infractions shall be as provided
by law.
J.
In addition to the foregoing procedures and penalties for violations,
the Township may commence and pursue injunction, mandamus, abatement
or any other available legal action or proceedings to prevent, enjoin,
abate or remove any violation of this chapter. Such remedies are in
addition to all others provided by law.
