[Ord. No. 2019-01, 5-21-2019]
This chapter shall be known and cited as the "commercial medical
marihuana facilities Ordinance of the Charter Township of Meridian."
[Ord. No. 2019-01, 5-21-2019; amended 7-11-2023 by Ord. No. 2023-03]
The words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in §
40-2 except where context clearly indicates a different meaning.
[Ord. No. 2019-01, 5-21-2019]
(a) The Township hereby authorizes the operation of the following types
of commercial medical marihuana facilities, subject to the number
of available permits issued in this section:
(6)
Safety compliance facilities.
(b) The number of commercial medical marihuana facility permits in effect
at any time shall not exceed the following maximums within the Township:
(1)
Grower permits, Class A, Class B, and Class C: three, regardless
of type.
(2)
Processor permits: three.
(3)
Provisioning center permits: six.
(4)
Safety compliance facility permits: three.
(5)
Secure Transporter permits: 3.
(6)
No more than one provisioning center shall be located in any
single overlay area except for Overlay Area 4, where a provisioning
center is not an allowed use. If any overlay area except for Overlay
Area 4 has zero provisioning centers granted or under renewal and
zero conditionally approved at the time set for the lottery, then
a second provisioning center may be added to another overlay area.
No overlay area shall have more than two provisioning centers.
(c) No person shall operate a commercial medical marihuana facility at
any time or any location within the Township unless a currently effective
permit for that person at that location has been issued under this
chapter.
(d) Commercial medical marihuana facilities shall operate only as allowed
under this chapter.
(e) The requirements set forth in this chapter shall be in addition to,
and not in lieu of, any other licensing or permitting requirements
imposed by applicable federal, state or local laws, regulations, codes
or ordinances.
(f) An applicant shall pay application fees, annual fees, renewal fees
and inspection fees for permits to the Township to defray the costs
incurred by the Township for inspection, administration and enforcement
of the local regulations regarding commercial medical marihuana facilities.
The Township Board shall by resolution set the fees in an amount not
to exceed any limitations imposed by Michigan law.
(g) A permit and a renewal permit shall not confer any vested rights
or reasonable expectation of subsequent renewal on the applicant or
permit holder, and shall remain valid for one year immediately following
its approval.
(h) Each year, any pending applications for renewal or amendment of valid,
unexpired permits shall be reviewed and granted or denied before applications
for new permits are considered.
(i) It is the sole and exclusive responsibility of each permit holder
or person applying to be a permit holder at all times during the application
period and during its operation to immediately provide the Township
with all material changes in any information submitted on an application
and any other changes that may materially affect any license or its
permit.
(j) No permit issued under this chapter may be assigned or transferred
to any person unless the assignee or transferee has submitted an application
and all required fees under this chapter and has been granted a permit
by the Director of Community Planning and Development. No permit issued
under this chapter is transferable to any other location except for
the permitted premises on the permitted property.
(k) The original permit issued under this chapter shall be prominently
displayed at the permitted premises in a location where it can be
easily viewed by the public, law enforcement and administrative authorities.
(l) Acceptance by the permit holder of a permit constitutes consent by
the permit holder and its owners, officers, managers, agents and employees
for any state, federal or local law enforcement to conduct random
and unannounced examinations of the facility and all articles of property
in that facility at any time to ensure compliance with this chapter,
any other local regulations, and with the permit.
(m) A permit holder may not engage in any other commercial medical marihuana
facility in the permitted premises or on the permitted property, or
in its name at any other location within the Township, without first
obtaining a separate permit.
[Ord. No. 2019-01, 5-21-2019; amended 5-19-2020 by Ord. No. 2020-06]
In addition to the terms of this chapter, any commercial medical
marihuana facility shall comply with all Township ordinances, including,
without limitation, the Township Zoning Ordinance, and with all other applicable state and local ordinances,
laws, codes and regulations. To the extent that the terms of this
chapter are in conflict with the terms of any other applicable state
or local ordinances, laws, codes or regulations, the terms of the
most-restrictive ordinance, law, code or regulation shall control.
[Ord. No. 2019-01, 5-21-2019; amended 5-19-2020 by Ord. No. 2020-06]
(a) Application.
(1)
An application for a permit for a facility shall be submitted
to the Director of Community Planning and Development per permitted
premises and shall contain the following information:
a.
The name, address, phone number and email address of the applicant
and the proposed commercial medical marihuana facility.
b.
The names, home addresses and personal phone numbers for all
owners, directors, officers and managers of the permit holder and
the commercial medical marihuana facility.
c.
One copy of all the following:
1.
To encourage both local industry and also well-qualified applicants,
at least two of the following items:
i.
An official statement issued by the Department indicating that
the applicant has successfully completed prequalification for a license,
if any. Copies of entity/individual prequalification packets and supplemental
applicant prequalification packets or investigations conducted by
the Department (if available) shall be provided.
ii.
Proof that the applicant or owners of at least 75% of the applicant
are current Township residents and were residents for at least 12
months prior to filing the application. Any proof of residency must
be satisfactory to the Township and must include more than one of
the following: residential leases, tax or special assessment bills,
utility bills (water, sewer, electric, gas, cable, internet, etc.),
credit card bills, voter registration, driver's license, tax returns,
or homeowner insurance policies, showing current and at least 12 months'
prior residence in the Township. The applicant's majority shareholders,
managing members, or managing partners must submit the same information.
iii. The applicant's certification, on a form provided
by the Township, restricting transfer of the permit and subsequent
renewed permits, and restricting the transfer of any interest in the
permit holder for a period of not less than 30 months after issuance
of the permit and license. This commitment shall be enforceable severally
or jointly by the Township against the applicant, permit holder, and
any owners of the applicant or permit holder.
2.
All documentation showing the applicant's valid tenancy, ownership
or other legal interest in the proposed permitted property and permitted
premises. If the applicant is not the owner of the proposed permitted
property and permitted premises, a notarized statement from the owner
of such property authorizing the use of the property for a commercial
medical marihuana facility. A property owner shall only enter into
one notarized statement per property with one prospective permit holder
for each lottery drawing. All documentation establishing that the
permitted premises and permitted property are within an overlay area
with available permits.
3.
If the applicant is a corporation, nonprofit organization, limited
liability company or any other entity other than a natural person,
it must indicate its legal status and attach a copy of all company
formation documents (including amendments), proof of registration
with the State of Michigan, and a certificate of good standing with
the State of Michigan.
4.
A valid, unexpired driver's license or state-issued ID for all
owners, directors, officers and managers of the proposed facility.
5.
Evidence of a valid sales tax license for the business if such
a license is required by state law or local regulations.
6.
An application for sign permit, if any sign is proposed.
7.
A nonrefundable application fee.
8.
A business and operations plan, showing in detail the commercial
medical marihuana facility's proposed plan of operation, including,
without limitation, the following:
i.
A description of the type of facility proposed and the anticipated
or actual number of employees.
ii.
A security plan meeting the requirements of Section
40-31(3) of this chapter, which shall include a general description of the security system(s), a current centrally alarmed and monitored security system service agreement for the proposed permitted premises, and confirmation that those systems will meet state requirements and be approved by the state prior to commencing operations.
iii. A description by category of all products to be
sold.
iv.
A list of Material Safety Data Sheets for all nutrients, pesticides,
and other chemicals proposed for use in the commercial medical marihuana
facility.
v.
A description and plan of all equipment and methods that will
be employed to stop any impact to adjacent uses, including enforceable
assurances that no odor will be detectable from outside of the permitted
premises.
vi.
A plan for the disposal of marihuana and related byproducts
that will be used at the facility.
9.
An identification of any business that is directly or indirectly
involved in the growing, processing, testing, transporting or sale
of marihuana for the facility.
10.
Whether any applicant, owner, partner, director, officer, or
manager of the applicant, or any entity owned or controlled by any
owner, partner, director, officer, or manager of the applicant, has
ever applied for or has been granted any commercial license or certificate
issued by a licensing authority in Michigan or any other jurisdiction
that has been denied, restricted, suspended, revoked, or not renewed
and a statement describing the facts and circumstances concerning
the application, denial, restriction, suspension, revocation, or nonrenewal,
including the licensing authority, the date each action was taken,
and the reason for each action.
11.
A signed and sealed (by a Michigan-registered architect, surveyor
or professional engineer) site plan and interior floor plan of the
permitted premises and the permitted property.
12.
Information regarding any other commercial medical marihuana
facility, marihuana establishment, similar permit or license, or any
other marihuana business or venture that the applicant, or any owner,
partner, director, officer, or manager of the applicant, or any entity
owned or controlled in whole or part by any owner, partner, director,
officer, or manager of the applicant, is authorized to operate in
any other jurisdiction within the state, or another state, and the
applicant's involvement in each facility.
13.
The applicant and all related persons consent to a background
check conducted by the Township or any agency used by the Township
to complete such checks.
d.
Any other information reasonably requested by the Township to
be relevant to the processing or consideration of the application.
(2)
If the Director of Community Planning and Development identifies
or is informed of a deficiency in an application, the applicant shall
have five business days to correct the deficiency after notification
by the Director of Community Planning and Development.
(3)
Information obtained from the applicant or permit holder is
exempt from public disclosure under state law.
(b) Receipt of applications.
[Amended 7-11-2023 by Ord. No. 2023-03]
(1)
Applications shall be submitted to the Director of Community
Planning and Development.
(2)
No applications shall be accepted unless the Township Board
has issued procedures and standards for the receipt and review of
applications as set forth in this article.
(3)
The dates and times to accept applications shall be determined
by the Township Board, which shall be posted on the Township's
website, if any. The Director shall only accept initial applications
as designated by the Township Board.
(4)
Applications shall be sorted and scored based on zoning overlay
district, with only one permit available per zoning overlay district.
(5)
If the Director of Community Planning and Development identifies
or is informed of a deficiency in an application, the applicant shall
correct the deficiency after notification by the Director of Community
Planning and Development as provided in the procedures and standards.
(c) Time frame for application evaluation.
[Amended 7-11-2023 by Ord. No. 2023-03]
(1)
All inspections, review, competitive review, and processing
of the application shall be completed within 90 days of receipt of
a complete application and all required fees. The Township shall approve
or deny the permit within 120 days of receipt of the completed application
and fees. If the application is approved, then the applicant shall
receive a conditional approval, the conditions of which must be met
for the applicant to receive a permit as the permit holder, as set
forth in this article.
(2)
The processing time may be extended upon written notice by the
Township for good cause, and any failure to meet the required processing
time shall not result in the automatic grant of the permit.
(3)
The Township has no obligation to process or approve any incomplete
application, and any times provided under this article shall not begin
to run until the Township receives a complete application.
(d) Approval, issuance, and denial.
[Amended 7-11-2023 by Ord. No. 2023-03]
(1)
Permit approval. The Township Board shall make a determination
based upon satisfactory compliance with this article, application
requirements, and all other permits, certificates, rules or regulations
and do one of the following:
a.
Grant final approval to the application and issue the permit,
with or without conditions. If the application is approved, then the
permit shall be issued to the applicant as the permit holder for a
specific permitted premises.
b.
Deny the application, stating the reasons for such denial.
(2)
Denial. A decision of the Township Board to issue or deny a
permit pursuant to this article is subject to this chapter's
appeal process. After the appeal process has been exhausted, a Township
Board decision may be appealed to a court of competent jurisdiction,
provided that: 1) with respect to a denial of an initial permit, an
appeal shall not grant any rights to an applicant, subject to an order
of the court; and 2) with respect to denial of a renewal application,
if the applicant has paid all required fees (and any additional fees
due during the pendency of the appeal), the preexisting permit shall
be extended during the pendency of the appeal, unless otherwise ordered
by a court.
(3)
Commence operation. The applicant shall commence operation within
18 months of the permit approval, or the permit approval shall be
revoked. The Board may extend this time frame for additional six-month
periods where the applicant has commenced construction of the building
and on other good cause shown to the Board.
(4)
Special use permit required. All permit approvals under this
article are contingent upon the issuance of a special use permit under
the Township Zoning Ordinance.
(e) Evaluation of multiple applications.
[Amended 7-11-2023 by Ord. No. 2023-03]
(1)
Competitive review. If more applications for new facilities
are received than there are available permits (more than zero) under
this article, and the available permit limits in this article would
prevent the Department from issuing a state license to all applicants
who meet the requirements of MCL § 333.27959, Subsection
3, then the Township will decide among the competing initial applications
with a competitive process established by the Township Board intended
to select the applicants who are best suited to operate in compliance
with the Act, this article, and within the Township.
(2)
Procedures and standards. The Township Board is authorized to
issue procedures and standards establishing the application and competitive
process under this article. The Township Board may establish or appoint
a committee to assist review of applications. Each initial application
shall be considered, reviewed, and evaluated according to the procedures
and standards. The review will evaluate the contents of the application(s),
other materials submitted by the applicant, legal opinions or other
reports drafted to help facilitate review, and any other material
deemed relevant by the Director or Township to select the applicant,
if any, that will provide the best outcome for the community as determined
by the Township.
(3)
Review at public hearing. After the application window is closed,
the Township shall hold a public hearing to review the application(s)
under the standards provided within this article. To determine whether
the application(s) will be approved, the Township will apply the procedures
and standards determined by the Township Board.
(4)
Appeal and automatic stay. An applicant has the right to appeal
the Township's competitive review of its application, as set
forth in this chapter. In the event an initial application that was
subject to competitive review appeals the Township's decision,
then the Township shall automatically stay all approvals issued to
other applicants who participated in the same competitive review as
the applicant(s) appealing. When an approval is stayed, the applicant(s)
granted approval may apply for zoning approval of a marihuana facility.
This stay shall be lifted when the appealing applicant(s) abandons
or exhausts the appeal process.
(5)
Available permits. Permits subject to appeal or renewal shall
not be considered available for the purposes of this subsection.
(f) Renewal application.
[Amended 7-11-2023 by Ord. No. 2023-03]
(1)
A completed renewal application must be received by the Township
no later than November 1 of each year in order to grant or renew the
conditional approval, lottery selection, or permit.
(2)
The same requirements that apply to all new applications for
a permit, except for special use permit requirements, shall apply
to all renewal applications.
(3)
A renewal application may expressly incorporate by reference
information or documentation contained in the original application
or prior renewal application, making it clear where such information
or documentation can be found, provided that the permit holder certifies
that the information or documentation has not changed.
(4)
All material changes in any information submitted on an application
or renewal application shall be included with the renewal application.
(5)
Any final reports, inspections, investigations, or summaries
from the Department, the Cannabis Regulatory Agency ("CRA"), the Bureau
of Fire Services ("BFS"), or the Department of Licensing and Regulatory
Affairs ("LARA") arising from or in connection with the permit shall
be submitted with renewal application.
(g) Issuance of commercial medical marihuana facilities permit.
(1)
An inspection of the proposed commercial medical marihuana facility
by the Township shall be required prior to issuance of the permit.
Such inspection shall occur after the premises are ready for operation,
but prior to the stocking of the business with any medical marihuana,
and prior to the opening of the business or commencement of operations.
The inspection is to verify that the business facilities are constructed
and can be operated in accordance with the application submitted and
the applicable requirements of this chapter, the special use permit,
and any other applicable law, rule, or regulation.
(2)
After verification the facilities are constructed and can be
operated in accordance with the application and any renewal submitted
and the applicable requirements of this chapter, the special use permit,
and any other applicable law, rule, or regulation, and the issuance
of a permanent certificate of occupancy for the facility, the Director
of Community Planning and Development shall issue the permit for a
term of one year.
(3)
Maintaining a valid license is a condition for the issuance
and maintenance of the permit issued under this chapter and the continued
operation of any marihuana facility.
(4)
An applicant or permit holder has a duty to notify the Director
of Community Planning and Development in writing of any pending criminal
charge, and any criminal conviction of a felony or other offense involving
a crime of moral turpitude by the applicant, any owner, principal
officer, director, manager, or employee within 10 days of the event.
(5)
An applicant or permit holder has a duty to notify the Director
of Community Planning and Development in writing of any pending criminal
charge, and any criminal conviction, whether a felony, misdemeanor,
petty offense, or any violation of a local law related to the cultivation,
processing, manufacture, storage, sale, distribution, testing or consumption
of any form of marihuana, the MMMA, the MMFLA, any building, fire,
health or zoning statute, code or ordinance related to the cultivation,
processing, manufacture, storage, sale, distribution, testing or consumption
of any form of marihuana by the applicant, any owner, principal officer,
director, manager, or employee within 10 days of the event.
(h) Applications for new permits where no building is as yet in existence. Any applicant for a commercial medical marihuana facility permit whose building is not yet in existence at the time the Township grants the special use permit shall have one year immediately following the date of the Township's special use permit approval to start construction of the building, in accordance with applicable zoning ordinances, building codes, and any other applicable state or local laws, rules or regulations. "Start of construction" means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, construction of columns, or other work beyond the stage of excavation. If the facility does not commence operations within one year of the start of construction, then the conditional approval, application, and any lottery selection shall be forfeited as provided for in Subsection
(j) below.
(i) Duty to supplement. If, at any time before or after a permit is issued
pursuant to this chapter, any information required in the application,
the MMFLA, or any rule or regulation promulgated thereunder changes
in any way from that which is stated in the application, the applicant
or licensee shall supplement such information in writing within 10
days from the date upon which such change occurs.
(j) Permit forfeiture. In the event that a commercial medical marihuana
facility does not commence operations within one year from the time
the Township grants the special use permit or start of construction,
any permit, conditional approval, application, and any lottery selection
shall be deemed forfeited, and the facility may not commence operations
and the permit, conditional approval, application, and any lottery
selection is not eligible for renewal.
[Ord. No. 2019-01, 5-21-2019]
A commercial medical marihuana facility issued a permit under
this chapter and operating in the Township shall at all times comply
with the following operational requirements, which the Township Board
may review and amend from time to time as it determines reasonable.
(1) Scope of operation. Commercial medical marihuana facilities shall
comply with all respective applicable codes of the local Zoning, Building,
Fire, and Health Departments. The facility must hold a valid unexpired
permit and license for the type of commercial medical marihuana facility
intended to be carried out within the permitted premises on the permitted
property. The facility operator, owner, permit holder, or licensee
must have documentation available that local and state sales tax requirements,
including holding any licenses, if applicable, are satisfied.
(2) Required documentation. Each commercial medical marihuana facility
shall be operated from the permitted premises on the permitted property.
No commercial medical marihuana facility shall be permitted to operate
from a moveable, mobile or transitory location, except for a permitted
and licensed secure transporter when engaged in the lawful transport
of marihuana. No person under the age of 18 shall be allowed to enter
into the permitted premises without a parent or legal guardian.
(3) Security. Permit holders shall at all times maintain a security system
that meets state law requirements, and shall also include the following:
a. Security surveillance cameras installed to monitor all entrances,
along with the interior and exterior of the permitted premises.
b. Robbery and burglary alarm systems which are professionally monitored
and operated 24 hours a day, seven days a week.
c. A locking safe permanently affixed to the permitted premises that
shall store all marihuana and cash remaining in the facility overnight.
d. All marihuana in whatever form stored at the permitted premises shall
be kept in a secure manner and shall not be visible from outside the
permitted premises, nor shall it be grown, processed, exchanged, displayed
or dispensed outside the permitted premises.
e. All security recordings and documentation shall be preserved for
at least 48 hours by the permit holder and made available to any law
enforcement upon request for inspection.
(4) Operating hours. No provisioning center shall operate between the
hours of 8:00 p.m. and 8:00 a.m.
(5) Required spacing. No commercial medical marihuana facility shall
be located within 1,000 feet from any public or private K-12 school,
500 feet from any church, place of worship or other religious facility,
and 500 feet from any library, preschool, or nearest child care center,
with the minimum distance between uses measured horizontally between
the nearest property lines.
(6) Amount of marihuana. The amount of marihuana on the permitted property
and under the control of the permit holder, owner or operator of the
facility shall not exceed that amount permitted by the state license
or the Township's permit.
(7) Sale of marihuana. The marihuana offered for sale and distribution
must be packaged and labeled in accordance with state law. The facility
is prohibited from selling, soliciting or receiving orders for marihuana
or marihuana products over the Internet.
(8) Sign restrictions. No pictures, photographs, drawings or other depictions
of marihuana or marihuana paraphernalia shall appear on the outside
of any permitted premises nor be visible outside of the permitted
premises on the permitted property. The words "marihuana," "cannabis,"
and any other words used or intended to convey the presence or availability
of marihuana shall not appear on the outside of the permitted premises
nor be visible outside of the permitted premises on the permitted
property.
(9) Use of marihuana. The sale, consumption or use of alcohol or tobacco
products on the permitted premises is prohibited. Smoking or consumption
of controlled substances, including marihuana, on the permitted premises
is prohibited.
(10) Indoor operation. All activities of commercial medical marihuana
facilities, including without limitation distribution, growth, cultivation,
or the sale of marihuana, and all other related activity permitted
under the permit holder's license or permit, must occur indoors. The
facility's operation and design shall minimize any impact to adjacent
uses, including the control of any odor, by maintaining and operating
an air filtration system so that no odor is detectable outside the
permitted premises. Mobile facilities and drive-through operations
are prohibited.
(11) Unpermitted growing. A patient may not grow his or her own marihuana
at a commercial medical marihuana facility.
(12) Distribution. No person operating a facility shall provide or otherwise
make available marihuana to any person who is not legally authorized
to receive marihuana under state law.
(13) Permits. All necessary building, electrical, plumbing, and mechanical
permits must be obtained for any part of the permitted premises in
which electrical, wiring, lighting or watering devices that support
the cultivation, growing, harvesting or testing of marihuana are located.
(14) Waste disposal. The permit holder, owner and operator of the facility
shall use lawful methods in controlling waste or by-products from
any activities allowed under the license or permit.
(15) Transportation.
a. Marihuana
may be transported by a secure transporter within the Township under
this chapter, and to effectuate its purpose, only:
1. By
persons who are otherwise authorized by state law to possess marihuana
for medical purposes;
2. In
a manner consistent with all applicable state laws and rules, as amended;
3. In
a secure manner designed to prevent the loss of the marihuana.
b. No
vehicle used for the transportation or delivery of marihuana under
this chapter shall have for markings the words "marihuana," "cannabis"
or any similar words; pictures or other renderings of the marihuana
plant; advertisements for marihuana or for its sale, transfer, cultivation,
delivery, transportation or manufacture, or any other word, phrase
or symbol indicating or tending to indicate that the vehicle is transporting
marihuana.
c. No
vehicle may be used for the ongoing or continuous storage of marihuana,
but may only be used incidental to, and in furtherance of, the transportation
of marihuana.
(16) Additional conditions. The Director of Community Planning and Development
may impose such reasonable terms and conditions on a commercial medical
marihuana facility special use as may be necessary to protect the
public health, safety and welfare, and to obtain compliance with the
requirements of this chapter and applicable law.
[Ord. No. 2019-01, 5-21-2019; amended 5-19-2020 by Ord. No. 2020-06]
In addition to any other penalties or legal consequences provided
under applicable state and local law, regulations, codes and ordinances:
(1) Violations of the provisions of this chapter or failure to comply
with any of the requirements of this chapter shall constitute a misdemeanor.
Any person who violates this chapter or fails to comply with any of
the requirements of this chapter shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $500, or
imprisoned for not more than 90 days, or both, and, in addition, shall
pay all costs and expenses involved. Each day the violation continues
shall be considered a separate offense.
(2) Violations of the provisions of this chapter or failure to comply
with any of the requirements of this chapter shall be subject to and
found responsible for a municipal civil infraction. The fine for any
municipal civil infraction shall be $1,000, plus court costs, attorneys'
fees and abatement costs of each violation, together with all other
remedies pursuant to MCL 600.8701 et seq. Each day a violation continues
shall be deemed a separate municipal civil infraction.
(3) Increased civil fines shall be imposed for repeated violations of
any requirement of this chapter. As used in this subsection, the term
"repeat offense" means a second (or any subsequent) municipal civil
infraction violation of the same requirement or provision committed
within any six-month period and found to be responsible. The increased
fine for a repeat offense shall be as follows:
a. The fine for any offense which is a first repeat offense shall be
$2,500.
b. The fine for any offense which is a second repeat offense or any
subsequent repeat offense shall be $5,000.
(4) Nonrenewal or revocation.
a. A permit issued under this chapter may be denied, limited, revoked,
or restricted under any of the following conditions:
1. Any fraudulent, false, misleading, or material misrepresentation
contained in the application.
2. Repeat violations of any requirements of this chapter or other applicable
law, rule, or regulation. As used in this subsection, the term "repeat
offense" means a second (or any subsequent) misdemeanor violation
or civil infraction of the same requirement or provision committed
within any six-month period and upon conviction or responsibility
thereof.
3. A valid license is not maintained as required by this chapter.
4. The permit holder, its agent, manager, or employee failed to timely
submit any document or failed to timely make any material disclosure
as required by this chapter.
b. Nonrenewal. If an applicant has applied for a special use permit
and fails to diligently pursue commencement of operations, including,
but not limited to, submitting a complete site plan for site plan
review, submitting a complete building permit, or applying for other
permits as provided for in this chapter, then the Director of Community
Planning and Development may deny any renewal application or any subsequent
application submitted by the applicant or any owner, partner, director,
or officer of the applicant or any entity owned or controlled in whole
or part by any owner, partner, director, or officer of the applicant.
c. If a permit is revoked or limited under this chapter, the Director
of Community Planning and Development shall issue a notice stating
the revocation, limitation, or restriction, including the reason for
the action, and providing a date and time for an evidentiary hearing
before the Township Board.
(5) The owner of record or tenant of any building, structure or premises, or part thereof, and any architect, builder, contractor, agent or person who commits, participates in, assists in or maintains such violation may each be found guilty or responsible of a separate offense and suffer the penalties and fines provided in Subsections
(1) and
(2) of this section, except as excluded from responsibility by state law.
(6) In addition to any other remedies, the Township may institute proceedings
for injunction, mandamus, abatement or other appropriate remedies
to prevent, enjoin, abate or remove any violations of this chapter.
The rights and remedies provided herein are both civil and criminal
in nature. The imposition of any fine, jail sentence or forfeiture
shall not exempt the violator from compliance with the provisions
of this chapter.