It is the purpose of this article to provide the procedures
for the administration of the chapter, issuance of permits, inspection
of properties, collection of fees, handling of violators and enforcement
of the provisions of this chapter and amendments thereto.
Except where herein otherwise stated, the provisions of this
chapter shall be administered by the Zoning Administrator, or their
designee, to enforce the provisions of this chapter.
A.
The Zoning Administrator shall have the power to enforce the provisions
of this chapter, grant certificates of zoning compliance, and to make
inspections of buildings or premises necessary in the enforcement
of this chapter. It shall be unlawful for the Zoning Administrator
to approve plans or issue any permits for any excavation or construction
until (s)he has inspected such plans in detail and found them to conform
to this chapter. The Zoning Administrator shall not vary or change
any terms of this chapter.
B.
If the Zoning Administrator or designated enforcement officer finds
that any of the provisions of this chapter are being violated, (s)he
shall notify in writing the person responsible for such violations,
indicating the nature of the violation and ordering the action necessary
to correct it. (S)he shall order discontinuance of illegal uses of
land, buildings, or structures; removal of illegal buildings or structure
changes; discontinuance of any illegal work being done; and shall
take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions.
A.
Purpose. The certificate of zoning compliance signifies that, in
the opinion of the Zoning Administrator, the intended use, building
or structure complies with all provisions of this chapter. No building
permit shall be issued unless certificates of zoning compliance have
been issued. It shall be unlawful to change a type of use of land,
to change the type of use or occupancy of any building or structure,
or to extend any use on any lot on which there is a nonconforming
use or structure until a certificate of zoning compliance has been
issued. No occupancy permit shall be issued for any lot, building,
or structure that does not have a certificate of zoning compliance.
B.
Requirements.
(1)
The Zoning Administrator shall require that all applications for
certificates of zoning compliance be accompanied by a description
of the proposed use, plans, specifications, including a dimensional
plot plan or site plan, or any other information requested by the
Zoning Administrator. The Zoning Administrator may waive information
requirements that do not affect compliance with the chapter. The Zoning
Administrator shall retain the original documents in accordance with
the Township's document retention policy.
(2)
Where a building permit is required, application for a certificate
of zoning compliance shall accompany or precede the application for
a building permit. In all other cases, the application for a certificate
of zoning compliance shall be made prior to the date when a new or
enlarged use of a building or lot or part thereof is intended to begin.
(3)
Applications for certificates of zoning compliance shall be made
to the Zoning Administrator.
C.
Issuance of certificate.
(1)
No lot, building, or structure, or any part thereof shall be occupied
by or for any use for which a certificate of zoning compliance is
required by this chapter unless and until a certificate of occupancy
has been issued for such use. No change in use other than that of
a permitted use shall be made until a certificate of zoning compliance
has been issued by the Zoning Administrator. Every certificate of
zoning compliance shall state that the use or occupancy complies with
this chapter.
(2)
No occupancy certificate for a building or structure or any addition
thereto, constructed after the effective date of this chapter, shall
be issued until construction has been completed and the premises inspected
and certified by the Zoning Administrator to be in conformity with
the plans and specifications as specified in the approved site plan
and/or building permit and the premises meets the minimum occupancy
requirements as specified in the Engineering Standards.
(3)
The holder of a certificate of zoning compliance for the construction,
erection, or moving of any building, structure, or part thereof, or
for the establishment of a use, shall notify the Zoning Administrator
immediately upon the completion of the work authorized by such certificate
for final inspection. The certificate of occupancy shall be issued,
or written notice shall be given to the applicant stating the reasons
why a certificate cannot be issued, not later than 14 days after the
Zoning Administrator is notified in writing that the building or premises
is ready for inspection.
D.
Voiding of certificate.
(1)
Any certificate of zoning compliance granted under this chapter shall
become null and void unless construction and/or use is commenced within
180 days and completed within 545 days of the date of issuance.
(2)
Any certificate of occupancy granted under this chapter shall become
null and void if such use(s), building(s), and/or structure(s) for
which said certificate was issued are found by the Zoning Administrator
to be in violation of this chapter.
Except as otherwise provided below, notices of hearings regarding
zoning amendments, conditional uses, and matters before the Zoning
Board of Appeals shall be provided as required by the Zoning Enabling
Act, as follows:
A.
Newspaper notice. A notice shall be published in a newspaper of general
circulation in the Township at least 15 days before the hearing.
B.
Notice requirements.
(1)
At least 15 days before the hearing, notices shall be mailed or hand-delivered
to the following:
(a)
The applicant and the owner(s) of the property, if the applicant
is not the owner.
(b)
All persons to whom real property is assessed within 300 feet of
the property for which approval has been requested, as shown by the
latest assessment roll, regardless of whether the owner and property
is located within the Township.
(c)
The occupants of any structures within 300 feet of the boundary for
the property for which the approval has been requested, regardless
of whether the owner and property is located within the Township,
except as set forth in § 40-3.05B(2).
(2)
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 persons, one occupant of
each unit or spatial area shall be given notice. If a single structure
contains more than four dwelling units or other distinct spatial areas
owned or leased by different persons, 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.
(3)
The notice under § 40-3.05 is considered to 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. If the name of the occupant is not known,
the term "occupant" may be used for the intended recipient of the
notice.
C.
Exemption. Actions exempt from notification:
D.
Content of notice. The notices shall:
(1)
Describe the nature of the request.
(2)
Identify any property that is the subject of the request. The notice
shall include a listing of all existing street addresses and/or parcel
ID numbers within the property. If there are no street addresses,
other means of identification (including illustrations) may be used.
(3)
State when and where the request will be considered.
(4)
Indicate when and where written comments will be received concerning
the request.
The Township Board shall establish a schedule of fees, charges
and expenses and a collection procedure for building permits, certificates
of occupancy, appeals, and other matters pertaining to the chapter.
The schedule of fees shall be posted in the office of the Zoning Administrator,
and may be altered or amended only by the Township Board. No permit,
certificate, conditional use approval, or variance shall be issued
unless or until such costs, charges, fees or expenses listed in this
chapter have been paid in full, nor shall any action be taken on proceedings
before the Board of Appeals, unless or until preliminary charges and
fees have been paid in full.
A violation of this chapter shall be a municipal civil infraction
and shall be subject to the penalties established under the Municipal
Civil Infraction Ordinance of Pittsfield Township.[1] The imposition of any sentence shall not exempt the offender
from compliance with the requirements of this chapter nor prevent
the Township from seeking injunctive relief or any other remedy available
under the law.
Building permits or certificates of zoning compliance issued
on the basis of approved plans and applications authorize only the
use, arrangement, and construction set forth in such approved plans
and applications, and no other use, arrangement, or construction.
Use, arrangement, or construction at variance with that authorized
shall be deemed a violation of this chapter, and punishable as provided
by § 40-3.07, herein.
A.
Purpose and intent.
(1)
In the interest of ensuring compliance with the provisions of this
chapter, protecting the natural resources and the health, safety,
and welfare of the residents of the Township and future users or inhabitants
of an area for which a site plan for a proposed use has been submitted,
the Township may require the applicant to deposit a performance guarantee
for any or all site improvements required by this chapter. The purpose
of the performance guarantee is to ensure completion of improvements
connected with the proposed use as required by this chapter, including
but not limited to roadways, lighting, utilities, sidewalks, drainage,
fences, walls, screens, and landscaping.
(2)
A performance guarantee shall be in conformance with the requirements
of § 40-3.09D(5). The Township may employ the Township Engineer
and/or other Township staff/consultants to review cost estimates and
conduct periodic inspections of the progress of improvements.
B.
Procedure.
(1)
When a performance guarantee is required, said performance guarantee
shall be deposited with the Township prior to the issuance of a building
permit for the development and use of the land. Upon the deposit of
the performance guarantee, the Township shall issue the appropriate
building permit, and the Township shall thereafter deposit the performance
guarantee, in the form of a cash deposit, certified check or surety
bond.
(2)
At the time the performance guarantee is deposited with the Township
and prior to the issuance of a building permit, the applicant shall
enter into an agreement with the Township incorporating the performance
guarantee provisions.
(3)
The agreement shall also prescribe the period of time within which
the improvements for which the performance guarantee has been required
are to be completed. The period will begin from the date of the issuance
of the building or other permit.
(4)
In the event the performance guarantee deposited is a cash deposit
or a certified check, the Township shall rebate to the applicant,
upon request from the applicant, 50% of the deposited funds when the
applicant has completed 75% of the required improvements as confirmed
by the Township. The remaining 50% of the deposited funds shall be
returned when the applicant has completed 100% of the required improvements
and there is compliance with the chapter as confirmed by the Township.
(5)
In the event the applicant defaults in making the improvements for
which the performance guarantee was required within the time period
established by the Township, the Township shall have the right to
use the performance guarantee deposited and any interest earned thereon
to complete the improvements through contract or otherwise, including
specifically the right to enter upon the subject property to make
the improvements.
(6)
If the performance guarantee is not sufficient to allow the Township
to complete the improvements for which such guarantee was posted,
the applicant shall be required to pay the Township the amount the
cost of completing the improvements exceeds the amount of the performance
guarantee, or a portion thereof, to complete the required improvements.
Any amounts remaining after said completion shall be applied first
to the Township's administrative costs including, without limitation,
attorney fees, planning consultant fees, and engineering consultant
fees in completing the improvement with any balance remaining being
refunded to the applicant.
C.
Guarantee with other agencies. If the applicant has been required
to post a performance guarantee or bond with another governmental
agency to ensure completion of an improvement associated with the
site, the applicant shall not be required to deposit with the Township
a performance guarantee for that same improvement.
D.
Site plan completion guarantee.
(1)
Prior to the issuance of any building permit for any building, and
prior to signing of the final plat by the Township Clerk in a platted
subdivision, or prior to the issuance of any building permit for any
building in a site condominium project, or prior to issuance of a
certificate of occupancy for any other development which requires
site plan review under this chapter, the applicant shall provide to
the Township the following:
(a)
A completion guarantee deposit to the Township. Said deposit
shall guarantee completion of all site improvements shown on the approved
final site plan or final preliminary plat. For the purpose of this
section, completion shall mean inspection by the appropriate Township
officials and/or other government agencies for compliance with the
final site plan approved by the Planning Commission or preliminary
plat finally approved by the Township Board, not less than six months
after all site plan or plat improvements have been installed.
(b)
All site condominiums and subdivision plats shall comply with
all of the rules and regulations for posting financial securities
of the Township Subdivision Ordinance.
(2)
"Site improvements" means, but is not limited to, drives and streets,
curbs and gutters, sidewalks, water and sanitary sewer systems, drainage
facilities and retention/detention basins, final grading and swales,
retaining walls, landscaping and parking lots.
(3)
In the event the applicant fails to correct any deficiencies within
30 days of written notice from the Township, the Township shall have
the authority to use the guarantee to complete the site improvements,
or repairs to said improvements, within a period of nine months following
the issuance of the last certificate of occupancy unless good cause
can be shown by the applicant for the delay in completion. The Township
may, at its sole discretion, agree in writing to a specific extension
of the nine-month period. The Township may use the completion guarantee
to hire subcontractors to complete work, fund inspections and for
the administration of the required work including legal fees.
(4)
The guarantee, or portion thereof, shall be promptly released upon
the inspection and approval of all improvements in compliance with
the approved final site plan or conditional use permit and all applicable
Township standards and specifications. Portions of the guarantee may
be released, in not more than three installments, provided that the
project or approved phase of a project has been completed for six
months and the improvements for which the release is requested have
been inspected and approved in accordance with the above standards,
and the remaining balance is sufficient to cover the remaining improvements,
including administrative and contingency expenses.
(5)
Types of completion guarantees. The applicant may provide a guarantee
in the form of a cash deposit or certified check, or in the form of
a surety bond or letter of credit in a form acceptable to the Township.
Surety bonds and letters of credit shall be valid for a period of
one year past the anticipated request for the last certificate of
occupancy for the entire project and shall contain language acceptable
to the Township that states that unless the bond or letter of credit
is released by the Township, that 30 days prior to its expiration
the bond or letter of credit shall automatically renew for one-year
periods unless the issuer of the security sends by certified mail
to the Township a notice of its intention not to renew the financial
security not less than 60 days prior to the expiration of the security.
A.
Development agreement requirement. Prior to approval of a site plan,
conditional use, planned unit development, or conditional rezoning,
an applicant shall execute a development agreement, in a form approved
by the Township, specifying all the terms and understandings relative
to the proposed development. All costs incurred by the Township, including
attorney fees, in drafting and approving the development agreement
shall be paid by the applicant.
B.
Minimum terms. The content of the agreement shall outline the specifics
of the proposed development, but shall at a minimum provide the following
terms:
(1)
A survey of the acreage involved in the proposed development.
(2)
A description of the ownership of the subject property.
(3)
A land use description, including a specific description of the proposed
uses, density, lot dimensions, setbacks, and other dimensional standards.
(4)
Proposed method of dedication or mechanism to protect areas designated
as common areas, open spaces, or conservation areas.
(5)
Description of required improvements to common areas, recreational
facilities, and nonmotorized pathways.
(6)
General description of any improvements to roads or utilities.
(7)
Mechanisms to ensure the continued maintenance of common areas, including
but not limited to roadways, sidewalks, lighting, landscaping, utilities,
and other site improvements.
(8)
Provisions assuring that open space areas shown on the plan for use
by the public or residents of the development will be irrevocably
committed for that purpose. The Township may require conveyances or
other documents to be placed in escrow to accomplish this.
(9)
Provisions for the future financing of any improvement shown on the
plan as site improvements, open space areas, and common areas, which
are to be included within the development, and that maintenance of
such improvements is assured by means satisfactory to the Township.
(10)
Provisions to ensure adequate protection of natural features.
(11)
Financial assurances in accordance with § 403.09,
Performance guarantee, to guarantee the completion of all site improvements.
(12)
Requirements that the applicant maintain insurance coverage
during development in amounts established by the Township, naming
the Township as an additional insured, and further, required insurance
provisions after the development is completed.
(13)
The site plan, conditional use, planned unit development, or
conditional rezoning shall be incorporated by reference and attached
as an exhibit.
(14)
Description of the timing to complete the development of the
project. If the project is to be developed in phases, a time line
to complete the construction of each phase.
(15)
An acknowledgement by the applicant that the terms and conditions
of the approval are fair, reasonable, and equitable, and that the
terms and conditions do not violate any constitutional rights, and
that the applicant freely agrees to be bound by each and every condition
and provision of the development agreement.
