*Ordinance #6 Administration and Enforcement


(Ord. No.6)
300.171           Zoning administration.
Sec. 9.01 The Berrien Township Planning Commission shall exercise all duties, powers, and responsibilities as provided by Michigan Public Act 184 of 1943, as amended. The Berrien Township Board of Trustees shall appoint a Zoning Administrator.
(Ord. No.6, Eff. May 1, 1981)
300.172           Zoning administrator.
Sec. 9.02. The Zoning Administrator shall be the enforcement officer of all provisions of this Ordinance as prescribed herein or such provisions as may hereafter be enacted.
Said enforcement officer shall have the right and is hereby empowered to enter upon any premises and inspect the same at any reasonable time.
Said enforcement officer is empowered to file complaints and prosecute violators of provisions of this Ordinance.
(Ord. No.6, Eff. May 1, 1981)
300.173           Certificate of zoning compliance.
Sec. 9.03.
9.03A Application for certificate of zoning compliance. Before proceeding with the erection, moving, or use of any building, structure, or premises subject to the provisions of this Ordinance, the owner of the premises shall first apply for a Certificate of Zoning Compliance from the Zoning Administrator. Application shall be made in duplicate upon forms provided by the Township, and shall be accompanied by an acceptable legal description and the tax description number of the location of the premises, by evidence of ownership of all property to be covered by the Certificate, and by a blueprint or pen-and-ink sketch to approximate scale showing:
1.         The shape, area, dimensions and intended use of the premises.
2.          The kind, dimensions, height and location of the building or structure to be erected or moved on the premises, including all yard dimensions and accessory buildings, if any.
3.          The location and type of sewage disposal and water supply facilities, accompanied by the written approval of the Berrien County Health Depart­ment of the proposed facilities.


9.03B Issuance and limitation of certificate.
1.      If the Zoning Administrator finds that such application conforms to requirements of this Ordinance and applicable law, the Zoning Administra­tor shall indicate approval by signing and dating the application for Certificate. One copy of the Certificate of approval shall be retained by the Zoning Administrator and one provided to the applicant, stating the terms of the Certificate.
2.      Any Certificate under which no work has been done within twelve (12) months of issue shall expire, but shall be renewable upon re-application and payment of one-half of the original fee, but not less than one dollar, subject however, to provisions of the Ordinance then in effect.
3.      The Zoning Administrator shall have the power to revoke or cancel any Certificate in case of failure or neglect to comply with the provisions of this Ordinance, or in case of false statements or misrepresentation made in the application.
9.03C Zoning inspection. The erection of every building or structure subject to the provisions of this Ordinance shall be subject to two (2) inspections: (1) when the proposed building is staked out, (2) upon completion of the construction. The property owner shall notify the Zoning Administrator when construction is ready for inspection. Following final inspection, the Zoning Administrator shall issue the property owner a Certificate of Compliance if he finds the building or structure and intended use in conformity with the Ordinance.
9.03D Zoning administration fees. The Berrien Township Board of Trustees may, by resolution, set fees to be charged for processing certificates of Zoning Approval, rezoning petitions, special land use applications, planned unit devel­opment petitions, site plan applications, petitions for appeal or variance, and other permits, applications or petitions as may be required by this Ordinance. Said fee are intended to cover reasonable costs incurred by Berrien Township regarding public notice, meetings, administrative expenses, and other expenses. The fee schedule established by the Board may provide for variable fees according to complexity of petition or application and the anticipated effort required on the part of the Board, Zoning Board, Board of Appeals, Township attorney or consultant in fairly and reasonably evaluating such petition or application. All fees required by resolution of the Board of Trustees shall be paid at the time of submission to the Township Clerk. Until such fees are paid, no action shall be taken on any petition or application.
(Ord. No.6, Eff. May 1, 1981)