The purpose of this article is to provide for the amendment
of this chapter when provisions become obsolete, when identifiable
conditions change in relation to the provisions of ordinance, when
errors in this chapter are discovered, when changes are made in the
Township's Comprehensive Development Plan, or when the Township Board
of Trustees has determined a valid public interest exists.
An amendment to this chapter may be initiated by resolution
of the Township Board of Trustees, by resolution of the Planning Commission,
or by petition of one or more persons having interest in property
located within the jurisdiction of this chapter.
The Township Board of Trustees shall establish by resolution
a fee to be paid in full at the time of receipt of any application
to amend this chapter. Said fee shall be collected by the Township
Treasurer and no part shall be refundable to the applicant unless
approved by the Township Board. No fee shall be charged when the applicant
is a governmental body.
A.
The petitioner shall cause to be delivered to the Planning Commission
a completed application, not less than 45 days before any regular
meeting of the Planning Commission.
B.
The Planning Commission shall adopt an application form to be completed
and filed with the Township Clerk by the person or persons petitioning
for the change. An application shall be submitted for each parcel
of land which is not contiguous to any adjacent parcel of land being
proposed for the same amendment.
C.
The Building Official shall review the application for completeness.
Any application not properly filed or complete shall be returned to
the applicant. Complete applications shall be transmitted to the Planning
Commission.
D.
The Township Attorney shall mail a notice of public hearing by regular
first call mail at least 15 days before the date of public hearing
to each electric/gas pipeline public utility company, telecommunication
service provider, railroad operating within a Township, and manager
of each airport within a Township only if the designated entity has
registered their name and address with the Clerk for the purpose of
receiving zoning public hearing notices.
E.
Comments and recommendations. The above-mentioned review agencies
may submit comments and recommendations on the proposed amendment
within 35 calendar days of receipt of notice. If no written correspondence
is received by the Township Attorney within said 35 calendar days,
the Planning Commission shall presume that the review agency has no
objections to the proposed rezoning.
A.
The Planning Commission shall hold a public hearing on the proposed
amendment after receipt of an application or after the resolution
initiating the proposed amendment is adopted by the Township Board
of Trustees or Planning Commission, as the case may be, to amend this
chapter.
A.
Scope of examination. In reviewing any application for an amendment
to this chapter, the Planning Commission shall identify and evaluate
all factors relevant to the application, and shall report its finding
in full along with its recommendations for disposition of the application,
to the Township Board of Trustees within a period of 60 days. The
matters to be considered by the Planning Commission shall include,
but shall not be limited to, the following findings of fact:
(1)
What, if any, identifiable conditions related to the proposed amendment
have changed which justify the proposed amendment?
(2)
What, if any, error in judgment, procedure or administration was
made in the original ordinance which justifies the petitioner's change
in zoning?
(3)
What are the precedents and the possible effects of such precedent
which might result from the approval or denial of the petition?
(4)
What is the impact of the amendment on the ability of the Township
and other governmental agencies to provide adequate public services
and facilities, and/or programs that might reasonably be required
in the future if the petition is approved?
(5)
Does the proposed amendment adversely affect environmental conditions,
or the value of the surrounding property?
(6)
Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed
structures were built; such as:
(a)
Surface water drainage problems.
(b)
Wastewater disposal problems.
(c)
Adverse effect on surface or subsurface water quality.
(d)
The loss of valuable natural resources (such as forest, wetlands,
historic sites, wildlife, mineral deposits or valuable agricultural
land).
(e)
Does the proposed amendment generally comply with the adopted
policies of the Comprehensive Development Plan?
(7)
The ability of the property in question to be put to a reasonable
economic use in the zoning district in which it is presently located.
B.
All findings of fact shall be made a part of the public records of
the meetings of the Planning Commission. The Planning Commission shall
transmit its findings of fact, a summary received at the public hearing
and its recommended action to the Township Board of Trustees.
Upon receipt of a report and summary of hearing comments from
the Planning Commission, the Township Board of Trustees may hold an
additional public hearing, if it considers it necessary; or may proceed
to adopt the amendment to this chapter. If the Township Board of Trustees
considers further changes desirable which are in addition to or departures
from the proposed amendment, it may first refer the matter back to
the Planning Commission for a further report.
Following adoption of an amendment by the Township Board of
Trustees, one notice of adoption shall be published in a newspaper
of general circulation in the Township within 15 days after the adoption.
The notice shall include the following information:
The amendment shall become effective immediately upon the publication
in a newspaper of general circulation within the Township, or on a
date which is subsequent to the date of the publication and is specifically
provided in the amendatory ordinance.
