(A) The zoning agreement shall set forth the rezoning offer and shall include those terms necessary to implement the agreement. In addition, the zoning agreement shall include the following acknowledgments and understandings that:
(1) The zoning agreement and the rezoning offer were proposed voluntarily by the applicant, and that the township relied upon the agreement and may not grant the rezoning without the rezoning offer and terms spelled out in the zoning agreement;
(2) The zoning agreement and its terms and conditions are authorized by all applicable state and federal laws and constitutions, and that the zoning agreement is valid and was entered into on a voluntary basis, and represents a permissible exercise of authority by the township;
(3) The property shall not be developed and/or used in any manner that is not consistent with the zoning agreement;
(4) The approval and the zoning agreement shall be binding upon the property owner and the township, and their respective heirs, successors, assigns, receivers or transferees; and
(5) If a rezoning with a zoning agreement becomes void in accordance with the Zoning Act, being M.C.L.A. §§ 125.3101 et seq., as amended, no development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established or a new rezoning with a zoning agreement has been approved.
(B) Each of the requirements and conditions in the zoning agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact or other condition created by the uses, activities or conditions represented in the approved rezoning and zoning agreement, taking into consideration the changed zoning district classification and the specific use(s), structures, activities or conditions authorized.
(C) No part of the zoning agreement shall permit any activity, use, structure or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.
(Ord. passed 7-12-2012, § 4.31)