(a) Upon receipt of a completed application and fee for a wetland permit, the Village of Franklin shall modify, approve or deny the application within ninety days after its receipt.
(b) Upon receipt of a completed application and fee for a wetland permit, the Village Clerk shall immediately refer the application to the Village Planning Commission.
(c) The Village Planning Commission shall review the submitted permit application to insure that all required information has been provided. The Village Planning Commission and/or its consulting engineers shall, after review of the proposed activity, submit a report and recommendations as to the propriety of the proposed use to the Village Council.
(d) If the Planning Commission determines that the project is a minor project, then the Planning Commission shall not hold a public hearing and shall make a report and recommendation to the Council within thirty days from the first date the Planning Commission reviewed the project.
(e) In addition, the Planning Commission will review the determination of the Building Official of all minor projects. If the Planning Commission determines that the project is not a minor project, then a final wetland determination will be required.
(f) The Planning Commission shall hold a public hearing within thirty-five days from the date the Planning Commission, by resolution, determines that the application is complete. Notice of such hearing shall be mailed by first-class mail to property owners within 1,000 feet of the boundary of the property upon which the activity is proposed, which notice shall be sent at least ten days prior to the public hearing. A legal notice of the public hearing shall be published in a local newspaper not less than five nor more than fifteen days prior to the public hearing. The Planning Commission, within thirty-five days of the public hearing, shall make a report and recommendation to the Village Council.
(g) In the event the Planning Commission shall take no action within thirty-five days of the conclusion of the public hearing, then the application shall proceed to the Village Council, which shall make a decision at its next regular meeting, or a permit shall be deemed granted.
(h) Whenever a permit is under consideration, the Village Council may approve the permit, approve the permit subject to conditions, or deny the permit based upon findings of fact and may:
(1) Impose such conditions on the manner and extent of the proposed activity or use as are necessary to ensure that the intent of this chapter is carried out and that the activity or use will be conducted in such a manner as will cause the least possible damage, encroachment or interference with natural resources and natural processes within the watercourse and/or wetland area;
(2) Fix a reasonable time within which any wetland operation must be completed;
(3) Require the filing with the Village Clerk of a cash bond or irrevocable letter of credit, in such form and amount as determined necessary by the Village to ensure compliance with the approved permit; and
(4) When the permit is granted by the Council, send written notice of the granting of the permit to all persons who have submitted written comments on the application to the Village.
(i) Whenever a permit application is denied, the reasons for denial shall be transmitted in writing to the applicant. The failure to supply complete information with a permit application may be reason for the denial of a permit.
(j) A land owner may request a re-evaluation of affected property for assessment purposes to determine its fair market value under the use restriction if a permit is denied by the Village for a proposed wetland use. A land owner may protest and appeal that determination, action or inaction pursuant to the General Property Tax Act, Act 206 of the Public Acts of 1893, as amended, being M.C.L.A. 211.1 to 211.157, as amended. (Ord. 190. Passed 5-9-94.)