[Amended 11-13-2006 by Ord. No. 06-07]
The Township Board may from time to time, on
recommendation from the Planning Commission or on petition, amend,
supplement or change the district boundaries or the regulations herein,
pursuant to the authority and procedures set forth in the Michigan
Zoning Enabling Act (Public Act 110 of 2006). Text amendments may
be proposed by any governmental body or any interested person or organization.
Changes in district boundaries may be proposed by any governmental
body or any persons having a freehold interest in the subject property,
or a possessor interest entitled to exclusive possession, or a contractual
interest which may become a freehold interest, or an exclusive possessory
interest entitled to exclusive possession or which is specifically
enforceable.
Except those initiated by the Township Board
or Planning Commission, a petition for an amendment to the text of
this chapter or an amendment to change the zoning classification of
a particular property shall be commenced by filing a petition for
Zoning Ordinance amendment on such forms and accompanied by such application
fees as may be specified. Said petition shall explicitly describe
the proposed amendment and shall be signed by the applicant. Petitions
for rezoning of a specific site shall be accompanied by a plan drawing
prepared in accordance with the standards set forth below.
A. Where a petition for rezoning involves a single-family
residential use, the following information shall be included on all
plan drawings, where applicable:
(1)
Applicant's name, address, and telephone number.
(2)
Scale, North point, and dates of submission
and revisions.
(3)
Zoning classification of petitioner's parcel
and all abutting parcels.
(4)
Existing lot lines, building lines, structures,
parking areas, driveways, and other improvements on the site and within
100 feet of the site.
(5)
Proposed lot lines and lot dimensions, and general
layout of proposed structures, parking areas, driveways, and other
improvements on the site.
(6)
Dimensions, center lines, and right-of-way widths
of all abutting streets and alleys.
(7)
Location of existing drainagecourses, floodplains,
shorelines, wetlands and woodlands.
(8)
All existing and proposed easements.
(9)
Location of sanitary sewer.
(10)
Location and size of water mains, transformers,
and generators.
(11)
A written description of how the requested rezoning
meets the criteria for amendment of the Official Zoning Map contained
in this article.
(12)
If any of the items listed are not applicable
to a particular plan drawing, the applicant shall specify on the plan
drawing which items do not apply, and furthermore, why the items are
not applicable.
B. Where the petition for rezoning involves a multiple-family
or nonresidential use, in addition to all of the above information,
the following information shall be included on all plan drawings:
(1)
Location of existing drainagecourses, floodplains,
lakes and streams, and woodlots;
(2)
All existing and proposed easements;
(3)
Location of sanitary sewer or septic systems,
existing and proposed;
(4)
Location and size of water mains, wells, transformers,
generators, and building service, existing and proposed; and
(5)
If any of the items listed are not applicable
to a particular plan drawing, the applicant shall specify on the plan
drawing which items do not apply, and furthermore, why the items are
not applicable.
C. An applicant for a rezoning may voluntarily offer certain conditions and limitations as part of the rezoning application (hereafter referred to as "zoning agreement"). The offer for a zoning agreement shall either be submitted at the time the rezoning application is filed or may be submitted following the initial meeting with the Planning Commission prior to the public hearing. An election to file a rezoning with a zoning agreement shall be in writing and shall be pursuant to the Township Zoning Act, specifically M.C.L.A. § 125.286i, as amended, and §
285-25.4 below. When necessary, the zoning agreement shall also include and incorporate, by reference, a conceptual site plan. This plan shall not replace the requirement for a site plan review and approval as outlined in Article
21, which shall be conducted following the Township Board's approval of the rezoning. The Township may voluntarily accept the offer for a zoning agreement, but shall not be obligated to accept such offer.
[Amended 11-13-2006 by Ord. No. 06-07]
After the completed petition and all required
supporting materials have been received and review fees paid, the
petition shall be reviewed in accordance with the following procedures:
A. Initial meeting with the Planning Commission.
(1)
Following submittal of an application for rezoning,
the applicant shall meet with the Planning Commission at a regularly
scheduled meeting to introduce the proposed rezoning and receive comments
on issues and the need for additional material to evaluate the impacts
of the rezoning, such as a traffic or environmental studies. No formal
action shall be taken at this meeting.
(2)
Based upon information provided by the Planning Commission, the applicant may submit additional material in support of the rezoning petition. At this time, the petitioner may also submit a zoning agreement that meets the requirements of §
285-25.5 below to be considered along with the application for rezoning, provided that the Township may not require the petitioner to submit an agreement as part of the rezoning petition if the petitioner does not choose to do so.
B. Planning Commission public hearing. The petition shall be placed on the agenda of the Planning Commission for a public hearing. The Planning Commission shall review the petition for amendment in accordance with the procedures and public notice and hearing requirements set forth in §
285-24.6.
C. Zoning agreements. Where the applicant has offered
a zoning agreement, the following shall be completed prior to the
Planning Commission making a recommendation to the Township Board:
(1)
The zoning agreement may be amended in response
to comments raised during the public hearing, provided that any amended
or additional agreements are voluntarily offered by the applicant
and they are in direct response to discussion at the public hearing.
(2)
The zoning agreement shall be reviewed by the Township Attorney prior to the Planning Commission making a recommendation to the Township Board on the rezoning application. The Township Attorney shall determine that the zoning agreement conforms to the requirements of §
285-25.5 below and the Township Zoning Act, as amended, and shall confirm that the zoning agreement is in a form acceptable for recording with the County Register of Deeds.
(3)
Should the Planning Commission determine that
revisions to the zoning agreement are of such a substantial nature
or effect that they are significantly different from the initial zoning
agreement reviewed at the public hearing, the Planning Commission
shall have the option to hold another public hearing on the zoning
agreement.
D. Action by the Planning Commission. Following the hearing
on the proposed amendment, the Planning Commission shall make written
findings of fact which it shall transmit together with the comments
made at the public hearing, any zoning agreement, only if offered
by the applicant, and its recommendations to the Township Board.
E. Submission to County Planning Department. Following
the hearing, the petition shall be submitted to the Wayne County Planning
Department for review and recommendation. If a recommendation from
the County Planning Department has not been received within 30 days,
it shall be presumed that the County has waived its right for review
and recommendation.
F. Action by the Township Board.
(1)
Following the submission of Planning Commission
recommendation, the Township Board may hold additional hearings if
the Township Board considers it necessary. Pursuant to Michigan Public
Act 110 of 2006, the Township Board may by majority vote of its membership:
(a)
Adopt the proposed amendment;
(b)
Reject the proposed amendment; or
(c)
Refer the proposed amendment back to the Planning
Commission for further recommendation within a specified time period.
Thereafter, the Township Board may either adopt the amendment with
or without the recommended revisions, or reject it.
(2)
If a zoning agreement has been offered by the applicant and recommended for approval by the Planning Commission, the Township Board may approve the zoning agreement if it meets all requirements of §
285-25.5 below. Revisions may be made to the zoning agreement, provided that if the revisions are of such a substantial nature or effect that they are significantly different from the zoning agreement reviewed by the Planning Commission, the Township Board shall remand the matter back to the Planning Commission to hold a public hearing on the zoning agreement, as revised, and to resubmit a revised report and recommendation to the Township Board. If an applicant proposes a zoning agreement after the Planning Commission has made a recommendation on the rezoning request, the Township Board shall first remand the application back to the Planning Commission to hold another public hearing on the rezoning and proposed zoning agreement and resubmit a report and recommendation to the Township Board. Upon approval, the zoning agreement shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.
G. Enactment.
(1)
Following adoption of an amendment by the Township
Board, one notice of adoption shall be filed with the Township Clerk
and one notice shall be published in a newspaper of general circulation
in the Township within 15 days after adoption, and shall take effect
upon the expiration of seven days after publication in accordance
with Section 401(6) and (7) of Michigan Public Act 110 of 2006.
(2)
A record of all amendments shall be maintained
by the Township Clerk and the Zoning Administrator. A master Zoning
Map shall be maintained by the Zoning Administrator, which shall identify
all Map amendments by number and date.
(3)
Following rezoning, all applicable approvals must be obtained prior to initiating any development of the site, which may include site plan approval under Article
21, special land use approval under Article
22, subdivision plat approval under Chapter
238, Subdivision Control, or condominium approval under Chapter
71, Condominium Projects.
H. Zoning agreement. All of the following shall apply
to a rezoning that was approved along with a zoning agreement:
(1)
The zoning classification of the rezoned property
shall consist of the district to which the property has been rezoned,
plus a reference to the zoning agreement. The Zoning Map shall specify
the new district, plus a small letter "a" to indicate that the property
is subject to a zoning agreement (i.e., "R-1-A-a").
(2)
The Township Clerk shall maintain a listing
of all properties subject to zoning agreements and shall provide copies
of the agreements upon request. The approved zoning agreement shall
be recorded by the applicant with the County Register of Deeds.
(3)
Unless extended by the Township Board for good
cause, the zoning agreement and associated rezoning shall expire two
years after adoption of the rezoning and zoning agreement, unless
substantial construction on the approved development of the property,
pursuant to building and other required permits issued by the Township,
commences within the two-year period and proceeds diligently towards
completion.
(4)
In the event that substantial construction on
the approved development has not commenced within two years, the zoning
agreement shall be void and of no effect.
(5)
Notwithstanding the above, if the property owner
applies in writing for an extension of the zoning agreement at least
50 days prior to the expiration date, the Township Board may, after
recommendation by the Planning Commission, grant an extension of up
to one year. No further extensions may be granted.
(6)
Should the zoning agreement become void, all
development on the subject property shall cease, and no further development
shall be permitted. Until action satisfactory to the Township is taken
to bring the property into compliance with the zoning agreement, the
Township may withhold or, following notice to the applicant and being
given an opportunity to be heard, revoke permits and certificates,
in addition to or in lieu of any other lawful action to achieve compliance.
(7)
If the rezoning and zoning agreement become
void as outlined above, then the land shall revert back to its original
zoning classification as set forth in Section 405 of the Michigan
Zoning Enabling Act, Public Act 110 of 2006. Such reversion shall
be initiated by the Township Board with notice and hearing as required
for rezonings by the Township Zoning Act and this chapter.
(8)
Any amendment to the zoning agreement following
the original approval by the Township Board shall require a public
hearing by the Planning Commission and a recommendation to the Township
Board, in the same manner as was prescribed for the original rezoning
and zoning agreement.
[Amended 11-13-2006 by Ord. No. 06-07]
A. Zoning agreement. An applicant for a rezoning may voluntarily offer a zoning agreement along with an application for rezoning. An election to file a rezoning with a zoning agreement shall be pursuant to Section 405 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, and this article. The conditions set forth in the zoning agreement must be voluntary and equally or more restrictive than the regulations that would otherwise apply under the proposed zoning district. The zoning agreement shall be a written agreement that is approved and executed by the applicant and the Township and recorded with the County Register of Deeds. When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan. This plan shall not replace the requirement for a site plan as outlined in Article
21. The zoning agreement must be voluntarily offered by the applicant, and the Township shall not have the authority to require a petitioner for rezoning to offer such agreement and shall not have the authority to require modification to a zoning agreement without the consent of the petitioner, provided that the Township shall not enter into a zoning agreement that is not found acceptable to the Township Board.
B. Scope of agreement. The zoning agreement may include
limitations on the uses permitted on the property in question, specification
of lower density or less intensity of development and use, or may
impose more restrictive measures on the location, size, height, or
other measure for buildings, structures, improvements, setbacks, landscaping,
buffers, design, architecture and other features. The zoning agreement
may not authorize uses or developments of greater intensity or density
or which are not permitted in the proposed zoning district; nor may
a zoning agreement permit variances from height, area, setback or
similar dimensional requirements that are less restrictive than the
proposed zoning district. The zoning agreement may include conditions
related to the use and development of the property that are necessary
to:
(1)
Serve the intended use of the property, such
as extension of or improvements to roadways, utilities or other infrastructure
serving the site;
(2)
Minimize the impact of the development on surrounding
properties; and
(3)
Preserve natural features, historic resources
and open space.
C. Content of agreement. In addition to any limitations on use or development of the site, preservation of site features or improvements described in Subsection
B above, the zoning agreement shall also include the following:
(1)
Acknowledgement that the zoning agreement was
proposed voluntarily by the applicant and that the Township relied
upon the agreement and may not grant the rezoning but for the terms
spelled out in the zoning agreement.
(2)
Acknowledgement that the zoning agreement and
its terms and conditions are authorized by all applicable state and
federal law and constitution, and that the zoning agreement is valid
and was entered into on a voluntary basis.
(3)
Agreement and understanding that the property
shall only be developed and used in a manner that is consistent with
the zoning agreement.
(4)
Agreement and understanding that the approval
of the rezoning and the zoning agreement shall be binding upon and
inure to the benefit of the property owner and the Township, and also
their respective heirs, successors, assigns, receivers or transferees.
(5)
Agreement and understanding that, if a rezoning
with a zoning agreement becomes void in accordance with this section,
that no further development shall take place and no permits shall
be issued unless and until a new zoning district classification for
the property has been established.
(6)
Agreement and understanding that no part of
the zoning agreement shall permit any activity, use, or condition
that would otherwise not be permitted in the proposed zoning district.
(7)
A legal description of the land to which the
agreement pertains.
(8)
Any other provisions as are agreed upon by the
parties.
D. Future rezonings. Nothing in the zoning agreement,
nor any statement or other provision, shall prohibit the Township
from later rezoning all or any portion of the land that is the subject
of the zoning agreement to another zoning classification. Any rezoning
shall be conducted in compliance with this chapter and the Michigan
Zoning Enabling Act, Public Act 110 of 2006.
E. Compliance with agreement. Failure to comply with
the zoning agreement at any time after approval will constitute a
breach of the agreement and also a violation of this chapter, and
further use of the property may be subject to legal remedies available
to the Township.