ARTICLE IV: ADMINISTRATION, ENFORCEMENT AND
PENALTIES
Section
4.01 Administration
The administration and
enforcement of this Ordinance shall be the responsibility of the Zoning
Administrator and Township Board. The Zoning Administrator shall be appointed
by the Township Board, and he or she shall not be a member of the Township
Board.
Section
4.02 Duties of the Zoning
Administrator
It shall be the
responsibility of the Zoning Administrator to enforce the provisions of this
Ordinance and in doing so to perform the following duties:
A. Issue
Permits: All applications for land use permits, temporary land use permits,
temporary dwelling permits, special land use permits, planned unit development
permits, variances, appeals, requests for Ordinance interpretation, and
requests for changes to a nonconforming use shall be submitted to the Zoning
Administrator who may issue such permits when all applicable provisions of this
Ordinance have been met and approval has been granted by the proper body or
official.
B. File
of Applications: The Zoning Administrator shall maintain files of all
permit applications, and shall keep a record of all permits issued; these shall
be filed in the office of the Township Clerk and shall be open for public
inspection.
C. Inspections:
The Zoning Administrator shall be empowered to make inspections of buildings or
premises in order to carry out the enforcement of this Ordinance. No person
shall interfere with the Zoning Administrator in the discharge of his/her
duties. The Zoning Administrator shall seek a search warrant through the
Township Attorney any time a property owner refuses access to a property in
order to make an inspection to determine compliance with this Ordinance.
D. Record
of Complaints: The Zoning Administrator shall keep a record of every
complaint of a violation of any of the provisions of this Ordinance, and of the
action taken consequent to each complaint. Such records shall be open for
public inspection.
E. Violations:
The Zoning Administrator shall equally apply the regulations in this Ordinance
to all property owners. Enforcement actions may be initiated by a complaint, or
by the Zoning Administrator independently anytime he or she identifies a
violation.
F. Report
to the Planning Commission and Township Board: The Zoning Administrator
shall report to the Planning Commission and Township Board periodically, at
intervals not greater than monthly, summarizing for the period since the last
previous report, all land use permits issued, all complaints of violation and
any action taken on each complaint.
Under no circumstances is
the Zoning Administrator permitted to make changes in this Ordinance, nor to
vary the terms of this Ordinance while carrying out the duties prescribed
herein.
Section
4.03 Permit Procedures and Regulations
A.
Intent and Purpose: It is the intent and purpose of
this section to create a review and permit process for the administration of
this ordinance. The primary process
shall require the issuance of one permit which shall be the land use
permit. Issuance of such a permit,
pursuant to Section 4.03 C, shall indicate that the plans and specifications
for any particular proposed land use complies with the Zoning Ordinance.
B.
Jurisdiction: Land clearing shall not be initiated; the
excavation for any building or structure shall not be commenced; the erection
of, addition to, alteration of, or moving of any building or structure shall
not be undertaken; or any land shall not be used; or any existing land use
changed to a different type or class; or the use or occupancy of any building
or premises, or part thereof, hereafter shall not be undertaken, without the
issuance of the proper and appropriate certificates and permits pursuant to the
requirements of Sections 4.03 C and 4.03 D of this ordinance. Except upon written order of the Zoning Board
of Appeals, no land use permit shall be issued for any building or use of land
where the construction, addition, alternation, or use thereof would be in
violation of this ordinance.
C. Land
Use Permits:
1. When
Required: No land clearing shall be initiated; the excavation for any
building or structure shall not be commenced; no building shall be erected,
altered, moved or structural alterations, including but not limited to porches,
decks, or terraces, initiated until a land use permit has been issued.
2. Expiration
of Permit: If the work authorized by any land use permit has not commenced
within six (6) months of the date of issuance, or if the work is suspended or
abandoned for a period of six (6) months after the commencing of work, said
permit shall expire. Further, if the
work authorized by any land use permit has not been completed within two (2)
years of the date of issuance, said permit shall expire. Before voidance is
actually declared, the Zoning Administrator shall notify the applicant of such
voiding action by sending a notice to the applicant at the address indicated on
the permit application at least ten (10) days before such voidance is
effective. The permit shall be renewable upon reapplication and upon payment of
the original fee, subject to the provisions of all ordinances in effect at the
time of renewal.
3. Revocation:
The Zoning Administrator shall have the power to revoke or cancel any land use
permit in case of failure or neglect to comply with any provisions of this
Ordinance, or in the case of any false statement or misrepresentation made in
the application. The owner or his agent shall be notified of such revocation in
writing. Upon such revocation, all further construction activities and usage
shall cease upon the site, other than for the purpose of correcting the
violation.
Cancellation
of a permit issued for a special land use, planned unit development or variance
shall not occur before a hearing by the body that granted the permit. The
Zoning Administrator may issue a stop work order to halt all construction
activities and usage pending a decision on cancellation of said permit.
4. Fees:
Fees for the review of development proposals, inspections and the issuance of
permits or certificates required under this Ordinance shall be deposited with
the Township Clerk in advance of processing any application or issuance of any
permit. The amount of such fees shall be established by the Township Board by
resolution and shall cover the cost of inspection and supervision resulting
from the enforcement of this Ordinance. Such fees may include, but are not
limited to, all costs associated with conducting a public hearing or
inspection, including the newspaper notice, postage, photocopying, staff time,
Planning Commission, Township Board and/or Zoning Board of Appeals time,
mileage, and any costs associated with reviews by qualified professional
planners and/or engineers. Such fees may be collected in escrow with any
unexpended balance returned to an applicant according to the procedure
described below:
a. The
escrow shall be used to pay the professional fees of engineers, community
planners, and any other professionals whose expertise the Township Board
values, to review the proposed application and/or site plan of an applicant.
Professional review shall result in a report to the Township indicating the
extent of conformance or nonconformance with this Ordinance and to identify any
problems that may create a threat to public health, safety or the general
welfare. Mitigation measures or alterations to a proposed design may be
identified where they would serve to lessen or eliminate identified impacts.
The applicant will receive a copy of any professional review contracted for by
the Township and a copy of the statement of expenses for the professional
services rendered.
b. No
application for approval for which an escrow fee is requested will be processed
until the escrow fee is deposited with the Township Clerk. The amount of the
escrow fee shall be established based on an estimate of the cost of the
services to be rendered by the professionals contacted by the Zoning
Administrator. The applicant is entitled to a refund of any unused escrow fees
at the time a permit is either issued or denied in response to the applicant's
request.
c. If
actual professional review costs exceed the amount of an escrow, the applicant
shall pay the balance due prior to receipt of any land use permit or other
permit issued by the Township in response to the applicant's request.
5. Issuance:
Whenever the buildings, structures, and uses as set forth in any application
are in conformity with the provisions of the Ordinance, or a variance granted
by the Zoning Board of Appeals, the Zoning Administrator shall issue the appropriate
permit. In any case where a permit is refused, the reasons shall be stated in
writing to the applicant.
6. Relation
to Nonconforming Uses: It shall not be necessary for an owner of a legal
nonconforming structure or use, existing on the effective date of this
Ordinance to obtain a land use permit in order to maintain its legal,
nonconforming status. However, no nonconforming building, structure, or use
shall be renewed, changed, or extended pursuant to Article XIX until a land use
permit has been issued by the Zoning Administrator. In such cases the permit
shall state specifically how the nonconforming building, structure, or use
differs from the provisions of this Ordinance.
7. Withholding
Permit: The Zoning Administrator may withhold any land use permit pending
verification that an applicant has received required county, state or federal
permits, including but not limited to, septic and water well permits, soil
erosion and sedimentation control permits, wetlands permits, floodplain,
culvert, driveway or building permits. Likewise, wherever this Ordinance
authorizes permit approval by the Planning Commission or Township Board, the
Planning Commission or Township Board may condition final approval of the
requested development activity upon the receipt of any of the above mentioned
county, state or federal approvals and/or direct the Zoning Administrator not
to issue a land use permit until said permits from other agencies have been
obtained.
8. Performance
Guarantee: A performance guarantee may be required as a condition to the
issuance of any land use permit in order to insure conformance with the
requirements of this Ordinance. (See Section 4.06.)
9. Certificate of Zoning Compliance: No structure or use
shall be occupied without first receiving a certificate of zoning compliance. A
certificate of zoning compliance shall be issued by the Zoning Administrator
following an inspection that confirms that all the requirements of the
previously issued land use permit and/or this Ordinance have been met. For structures that are within 5’ of the
required setback, a foundation survey shall be submitted prior to issuing a
certificate of compliance.
10. Certificate
of Occupancy: A certificate of occupancy shall be issued by the Livingston
County Building Department following an inspection that confirms that all
requirements of the Livingston County Building Code have been met. A
certificate of occupancy shall have effect only if the use or structure has
been issued a certificate of zoning compliance.
D. Land
Use Permit for Structures Not Requiring Site Plan Review: An application
for a land use permit for a land use not requiring site plan review shall be
considered for approval by the Zoning Administrator when said application
contains the following plot plan information drawn to scale:
1.
Property lines, including dimensions and acreage of the parcel or lot.
2. Location
of all proposed and existing structures, including driveways and fencing.
3. Dimension
of required setbacks.
4. Any
other information necessary to insure compliance with this Ordinance.
E. Inspections: The Zoning Administrator shall inspect
the site three times: prior to the beginning of construction; following footing
installation, and at the time of final
inspection to certify zoning compliance.
For structures that are within 5’ of the required setback, a foundation
survey shall be submitted prior to issuing a certificate of compliance.
Section
4.04 Violations
A. Violations
are Nuisances Per Se: Violations of any provisions of this Ordinance are
declared to be nuisances per se.
B. Notice
of Violation: The Zoning Administrator shall inspect each alleged or
apparent violation. Whenever the Zoning Administrator determines that a
violation of this Ordinance exists, said Zoning Administrator shall issue a
Notice of Violation, in writing, which specifies all circumstances found to be
in violation.
C. Service
of Notice: Such notice shall be directed to each owner of, or a party in
interest in whose name the property appears on the last local tax assessment
records. All notices shall be served upon the person to whom they are directed
personally, or in lieu of personal service, may be mailed by certified mail,
return receipt requested, addressed to such owner or party in interest at the address
shown on the tax records.
D. Violation
Correction Period: All violations shall be corrected within a period of
fifteen (15) days after the violation notice is issued. Should a violation not
be corrected within this time period the Zoning Administrator shall notify the
owner, or party of interest in writing, of the time and place of a hearing to
be held before the Township Board on the conditions causing the notice of
violation. At said hearing the person to whom the notice is addressed shall
have the opportunity to show cause why said violation should not be ordered to
be corrected or why said action would cause an undue hardship.
E. Hearing
Before Township Board: The Township Board shall take testimony of the
Zoning Administrator, the owner of the property, and any other interested party
or witness. Following the hearing, the Township Board shall make written
findings as to the nature and extent of the violation, if any, and extenuating
circumstances, if any. The Township Board may extend the time by which the
violation(s) must be corrected for a period not to exceed six (6) months.
However, the Township Board shall not allow such violations to exist longer
than this period.
F. Legal
Action: If the owner or party in interest fails to appear, or neglects to
correct the violation within the time period specified by the Township Board,
the Township Board shall transfer a report of their findings to the Township
Attorney recommending that the appropriate action be taken. The Township
Attorney may then initiate prosecution proceedings. If the threat to public
health and or safety necessitates immediate action, this procedure may be
circumscribed and the Township may initiate injunctive action in Circuit Court
or any such other remedy provided by law. (See Section 4.05.)
Section
4.05 Penalties and
Remedies
A. Civil
Law: The clearing of land, the excavation for any building shall not be
commenced, or any building, structure or use constructed, altered, moved or
maintained in violation of the provisions of this Ordinance or in violation of
a permit or approval issued by a body or official under this Ordinance and such
is hereby declared to be a nuisance per se.
B. Criminal
Law: Violations of the provisions of this Ordinance or failure to comply
with any of its requirements, including violations or conditions and safeguards
established in connection with variances, approved site plans, special land
uses, planned unit developments, land use permits, temporary land use permits,
or other authorizations under this Ordinance, shall constitute a misdemeanor.
Any person who violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than five
hundred dollars ($500) or imprisoned for not more than ninety (90) days, or
both, and in addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense.
C. Remedies:
The Township Board may institute injunction, mandamus, abatement or other
appropriate proceedings to prevent, enjoin, abate or remove any violations of
this Ordinance. The rights and remedies provided herein are both civil and
criminal in nature. The imposition of any fine, or jail sentence or both shall
not exempt the violator from compliance with the provisions of this Ordinance.
Section 4.06 Performance
Guarantees for Compliance
A. Requirements:
In authorizing any land use permit, the body or official which approves the
respective request, as designated by this Ordinance, may require that a
performance guarantee be furnished: 1) to insure compliance with the
requirements, specifications and conditions imposed with the grant of such
approval, permit or variance; 2) to insure the discontinuance of a temporary
use by a stipulated time; and, 3) to provide sufficient resources for the
Township to complete required improvements or conditions in the event the
permit holder does not.
B. Improvements
Covered: Improvements that shall be covered by the performance guarantee
include, but are not necessarily limited to: streets and other roadways,
utilities, fencing, screening, landscaping, common open space improvements,
lighting, drainage, and sidewalks. A
performance guarantee shall meet the following requirements:
1. Form
of Guarantee: The performance guarantee shall be in the form of cash,
certified check, irrevocable bank letter of credit, or similar instrument
acceptable to the Township Clerk, which names the property owner as the obligor
and the Township as the obligee.
2. Time
when Required: The performance guarantee shall be submitted at the time of
issuance of the permit authorizing the activity or the project. If appropriate,
based on the type of performance guarantee submitted, the Township shall
deposit the funds in an interest bearing account in a financial institution
with which the Township regularly conducts business.
3. Amount:
The amount of the performance guarantee shall be sufficient to cover the
estimated cost of the improvements or conditions, including any legal and engineering
fees incurred by the Township. Additional guidelines for establishing the
amount of a performance guarantee may be prescribed by resolution of the
Township Board. If none are specified or applicable to the particular use or
development, the Township Board shall by resolution establish a guideline,
which it deems adequate to deal with the particular problem while ensuring the
protection of the Township and its inhabitants.
C.
Return of
Performance Guarantee: The Township
Board, upon the written request of the obligor, and pursuant to the procedure
in the next subsection, shall rebate portions of the performance guarantee upon
determination that the improvements for which the rebate has been requested
have been satisfactorily completed. The portion of the performance guarantee to
be rebated shall be in the same amount as stated in the itemized cost estimate
for the improvement, minus any legal and engineering fees incurred.
D. Withholding
and Partial Withholding of Performance Guarantee: As required improvements
are completed, or when all of the required improvements have been completed,
the obligor shall send written notice to the Township Clerk of completion of
said improvements. Thereupon, the Zoning Administrator shall inspect all of the
improvements and shall transmit recommendation to the Planning Commission and
Township Board indicating either approval, partial approval, or rejection of
the improvements or conditions with a statement of the reasons for any
rejections. If partial approval is indicated, the cost of the improvement or
condition rejected shall be set forth.
1. The
Planning Commission, or in the case of a planned unit development, the Township
Board, shall either approve, partially approve or reject the improvements or
conditions upon the written recommendation of the Zoning Administrator and
shall notify the obligor in writing of the action of the Planning Commission or
Township Board within thirty (30) days after receipt of the notice from the
obligor of the completion of the improvements. Where partial approval is
granted, the obligor shall be released from liability pursuant to relevant
portions of the performance guarantee, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
2. Should
installation of improvements begin and fail to meet full completion based on
the approved site plan, or if the project area is reduced in size and
improvements are only partially completed or conditions only partially met, the
Township may complete the necessary improvements or conditions itself or by
contract to an independent developer, and assess all costs of completing the
improvements or conditions against the performance guarantee. Any balance
remaining shall be returned to the applicant.
E. Performance
Guarantee for Razing of Building: A performance guarantee may be required
prior to the razing or demolition of principal buildings and accessory
structures having more than one hundred forty-four (144) square feet of floor
area. The guarantee shall be conditioned on the applicant completing the razing
within such reasonable period as shall be prescribed in the permit and
complying with such regulations as to health and safety as the Zoning
Administrator, Fire Chief or the Township Board may from time to time
prescribe, including filling of excavations and proper termination of utility
connections.
F. Record
of Performance Guarantees: The Zoning Administrator shall maintain a record
of authorized performance guarantees.
Marion Township may, at its discretion, require an
applicant to post a cash Escrow Account in an amount to be established by the
Marion Township Board for any proposed development project that may place an
undue burden and/or impact on the Township’s infrastructure and community
services, such as, but not necessarily limited to public water and sewer,
roads, storm drainage, schools, police and fire protection, etc. Funds
deposited into the Escrow Account will be used to reimburse the Township for
costs associated with consideration and review of the proposed project
including, but not limited to costs for committee meetings, additional public
hearings, review by the Township planner, Township engineer, and Township attorney. The Planning Commission and / or the Township
Board, in its discretion, may require that additional funds to cover such costs
be deposited whenever it determines there is a need for the deposit of
additional escrow funds. Any excess
funds remaining in the Escrow Account following a final decision by the
Township will be returned to the applicant without interest. No building permit or final approval shall be
granted until all Escrow funds necessary to cover all expenses have been paid
in full.