(A) Intent. It is recognized that there are certain instances where it would be in the best interests of the township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of § 405 of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3405, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.
(B) Application and offer of conditions.
(1) An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.
(2) The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.
(3) The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.
(4) The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
(5) Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for the use or development is ultimately granted in accordance with the provisions of this chapter.
(6) Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for the use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this chapter.
(7) Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for the use or development is ultimately granted in accordance with the provisions of this chapter.
(8) The offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the Township Board, provided that, if the withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
(C) Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in § 150.381, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
(D) Township Board review. After receipt of the Planning Commission’s recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board’s deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in § 150.381. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if the contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board shall, in accordance with § 308 of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3308, refer the amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with the statute to deny or approve the conditional rezoning with or without amendments.
(E) Approval.
(1) If the Township Board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.
(2) The statement of conditions shall:
(a) Be in a form recordable with the Register of Deeds of the county in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the Township Board;
(b) Contain a legal description of the land to which it pertains;
(c) Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land;
(d) Incorporate by attachment or reference any diagram, plans, or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined;
(e) Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the township with the Register of Deeds of the county in which the land referenced in the statement of conditions is located; and
(f) Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.
(3) Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The Township Clerk shall maintain a listing of all lands rezoned with a statement of conditions.
(4) The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the township with the Register of Deeds of the County in which the land is located. The Township Board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land.
(5) Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.
(F) Compliance with conditions.
(1) Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be actionable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.
(2) No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.
(G) Performance bond requirement. Before a building permit is issued, the applicant shall furnish a performance bond, irrevocable letter of credit, or a cash bond deposited with the township. The amount and terms of the performance bond, irrevocable letter of credit, or cash bond shall be established and approved by the Township Board or its designee. The purpose of the requirements set forth in this division (G) is to permit the property to be restored to its original state in the event of a default on the part of the applicant in completing the project according to the terms of the site plan, the contract agreement, and this chapter. The requirements set forth in this division (G) shall become effective upon the issuance of a building permit with respect to each and every one of the development phases which are part of an approved site plan, or amended site plan. The requirements will not extend beyond a period of 5 years from the date on which a site plan, or amended site plan, is approved by the Township Board. The requirements set forth herein shall cease and terminate upon the first of the following to occur:
(1) The expiration of the 5-year period mentioned above; or
(2) Upon a final-occupancy permit having been signed and issued by all departments required to sign the permit with respect to each and every phase of the development.
(H) Time period for establishing development or use. Unless another time period is specified in this chapter rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Township Board if:
(1) It is demonstrated to the Township Board’s reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and
(2) The Township Board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
(I) Reversion of zoning. If the approved development and/or use of the rezoned land does not occur within the time frame specified under division (H) above, then the land shall revert to its former zoning classification as set forth in § 405 of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3405. The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.
(J) Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to division (I) above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner’s written request, the Township Clerk shall record with the Register of Deeds of the county in which the land is located a notice that the statement of conditions is no longer in effect.
(K) Amendment of conditions.
(1) During the time period for commencement of an approved development or use specified pursuant to division (H) above or during any extension thereof granted by the Township Board, the township shall not add to or alter the conditions in the statement of conditions.
(2) The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.
(L) Township right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq.
(M) Failure to offer conditions. The township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner’s rights under this chapter.
(Ord. -, Article VIII, § 8.3, passed 9-12-2006)