The following wetland use permit review procedures shall be followed for activities not considered minor, as defined in § 152.006.
(A) Review options. The applicant may elect to have the application processed under one of the following review options:
(1) The application may be reviewed prior to the review of a land use proposal on the site, with the understanding that the land use review may not be complete at the time a decision is rendered on the wetland application. Election of this option may require a reopening of the wetland application review if the land use approval is inconsistent with the wetland permit approval.
(2) The applicant may choose to have the wetland use application reviewed and acted upon concurrently with review and action on a land use proposal on the site, in which case the 90-day review period limitation specified in division (B)(3), shall be considered automatically extended to accommodate the land use review process.
(B) Procedures.
(1) The Township Planner, or his/her designee, shall insure that all required information has been submitted. If an application is not complete, the applicant may be granted additional time to complete the application provided that the applicant agrees that the additional time shall not be charged against the township’s 90-day decision period. The receipt of the application shall constitute permission from the owner to conduct an on-site investigation.
(2) Upon receipt of an application the township administration shall:
(a) Transmit one copy of the completed application to the Michigan Department of Natural Resources and Environment (MDNRE).
(b) Publish a notice of the application and the date and time of the Planning Commission public hearing required by division (B)(3)(c). The township administration may consult with the Planning Commission Chairperson or Vice Chairperson regarding scheduling of the hearing. The hearing notice shall be published in a newspaper of general circulation in the township not less than five days nor more than 15 days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing, the place and time the proposed wetland use permit application may be examined, and the date and time for submission of written public comments. The wetland use permit hearing may be held in conjunction with a hearing on the related land use proposal.
(c) Post the subject property with a sign no less than six square feet in size which shall indicate that an application for a wetland use permit application has been submitted and that date and time for the public comment.
(d) Transmit copies of the application and supporting documentation to the Township Planner and Township Wetlands Consultant. The Wetlands Consultant and Planner shall submit written reviews and recommendations to the township, basing their comments on the criteria in this chapter.
(e) Transmit the application and supporting documentation to the Planning Commission.
(3) Planning Commission and Township Board review.
(a) Wetland use permit applications shall be decided by the Township Board, following receipt of a recommendation by the Planning Commission.
(b) The Planning Commission shall hold one public hearing, as described in division (B)(2)(b).
(c) After completing review of the report and recommendation from the Township Wetland Consultant, holding a public hearing, and reviewing other public comment received, the Planning Commission shall recommend approval, approval with conditions or denial of the application to the Township Board. The Township Board shall then make a final decision within 90 days after receipt of the completed application.
(d) Written notice of the decision shall be sent to the applicant and to all persons who have requested notice of the decision. The denial of a permit shall be accompanied by a written statement of the reasons for denial.
(e) A permit approval shall become effective ten calendar days following the date of the approval.
(4) Request for reconsideration.
(a) Any person who is aggrieved by a decision regarding a wetland use permit may request that the Township Board reconsider their action by filing a written request, which shall specify the reasons that reconsideration is requested, and which shall include any additional information that the Township Board may not have had when it first acted on the permit. The request for reconsideration shall be submitted to the Township Clerk within ten calendar days following the date of the initial decision. The timely filing of a request for reconsideration shall have the effect of staying the permit pending the outcome of the request. Since such reconsideration would be above and beyond any action mandated by Act 451, such action need not occur within the township’s 90-day decision period.
(b) The Township Board shall hold a hearing on the request for reconsideration which shall be open to public comment and shall include an opportunity for the appealing party to present evidence.
(c) Notice of the time and place for consideration of a request for reconsideration shall be sent by mail or personal delivery to the owners of the property considered in the request. The notice may also be placed in a newspaper of general circulation in the township not less than five days nor more than 15 days prior to the date of the meeting at which the request will be addressed.
(d) The Township Board shall affirm, affirm with conditions, or reverse, their initial decision.
(Ord. passed 3-5-2002; Ord., § 5.3, passed 9-7-2010)