Chapter 4 BUILDINGS AND BUILDING REGULATIONS*
*Cross references:
Fire prevention and protection, ch. 7; planning, ch. 13; roads, driveways, and
parking lots, ch. 15; zoning, ch. 19.
State law references: State construction code act, MCL 125.1501 et seq., MSA
5.2949(1) et seq.
ARTICLE I. IN GENERAL
Sec. 4-1. Variation from development design standards--Authorized.
The township board may authorize a variation from the development design standards
when it determines that undue hardship may result from strict compliance. In
granting any variation, the board shall prescribe other conditions that it deems
necessary or desirable for the public interest. No variation shall be granted
unless the township board finds:
(1) There are special circumstances or conditions affecting the subdivision
or project improvement such that a strict application of the provisions of this
chapter would deprive the applicant of reasonable use of the property; and
(2) The variation is necessary for the preservation and enjoyment of the substantial
property right of the applicant and is the minimum variation required; and
(3) The granting of the variation will not be detrimental to the public welfare
or injurious to other property in the area in which the property is situated.
(Ord. No. 154, § 13.1, 7-17-91)
Sec. 4-2. Same--Application.
Application for a variation from this chapter shall be submitted in writing
by the applicant at the time the preliminary plans are submitted, stating fully
and clearly all facts relied upon and all reasons why the variation should be
granted, and shall be supplemented with maps, plans or other additional data
which may aid in the analysis of whether a variation is required. The plans
for such development shall include such convenants, restrictions or other legal
provisions necessary to guaranty the full achievement of the plan. In acting
upon the request for variation, the township board shall state the reasons for
its decision.
(Ord. No. 154, § 13.2, 7-17-91)
Secs. 4-3--4-30. Reserved.
ARTICLE II. CONSTRUCTION CODES*
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*Editor's note: This article is derived from ordinance numbers 118 (plumbing),
121 (state construction code), 130C (electrical code), 22 (heating) and 106
(refrigeration).
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Sec. 4-31. Adoption of
state construction code.
Pursuant to the authority granted by section 23 of Act No. 359 of the Public
Acts of Michigan of 1947 (MCL 42.1 et seq., MSA 5.46(1) et seq.), as amended,
and the authority granted by Act No. 230 of the Public Acts of Michigan of 1972
(MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended, commonly called the
state construction code act of 1972, the township does hereby adopt the state
construction code act, and the building, plumbing, mechanical and electrical
codes promulgated thereunder, as amended.
State law references: Authority to adopt technical codes by reference, MCL 117.3(k),
MSA 5.2073(k).
Sec. 4-32. Enforcement of state construction code act.
Pursuant to the provisions of section 9 of Act No. 230 of the Public Acts of
Michigan of 1972 (MCL 125.1509, MSA 5.2949(9)), as amended, the building official
of the township is hereby designated as the enforcing agency to discharge the
responsibilities of the township under Act No. 230 of the Public Acts of Michigan
of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended. The township
hereby assumes responsibility for the administration and enforcement of such
Act throughout its corporate limits.
Secs. 4-33--4-55. Reserved.
ARTICLE III. DANGEROUS BUILDINGS
Sec. 4-56. Maintenance prohibited.
It is unlawful for any owner or agent thereof to keep or maintain any dwelling
or part thereof which is a dangerous building as defined in section 4-57.
(Ord. No. 120, § 1, 4-2-74)
Sec. 4-57. Definition.
As used in this article, the words "dangerous building" shall mean
any building or structure which has any of the following defects or is in any
of the following conditions:
(1) Whenever any door, aisle, passageway, stairway or other means of exit does
not conform to the approved fire code of the township wherein the property lies,
it shall be considered that such dwelling does not meet the requirements of
this article.
(2) Whenever any portion has been damaged by fire, wind, flood or by any other
cause in such a manner that the structural strength or stability is appreciably
less than it was before such catastrophe and is less than the minimum requirements
of any building code of the township wherein the building is located for a new
building or similar structure, purpose or location.
(3) Whenever any portion or member or appurtenance is likely to fall or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
(4) Whenever any portion has settled to such an extent that walls or other structural
portions have materially less resistance to winds than is required in the case
of new construction by the building code of the township where the building
is located.
(5) Whenever the building or structure or any part, because of dilapidation,
deterioration, decay, faulty construction, or because of the removal or movement
of some portion of the ground necessary for the purpose of supporting such building
or portion thereof, or for other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning is likely to fall
or give way.
(6) Whenever for any reason whatsoever the building or structure or any portion
is manifestly unsafe for the purpose for which it is used.
(7) Whenever the building or structure has been so damaged by fire, wind or
flood, or has become so dilapidated or deteriorated as to become an attractive
nuisance to children who might play therein to their danger, or as to afford
a harbor for vagrants or criminal persons, or as to enable persons to resort
thereto for the purpose of committing a nuisance or unlawful acts.
(8) Whenever a building or structure used or intended to be used for dwelling
purposes, because of dilapidation, decay, damage or faulty construction or arrangement
or otherwise, is unsanitary or unfit for human habitation or is in a condition
that is likely to cause sickness or disease when so determined by the health
officer or is likely to work injury to the health, safety or general welfare
of those living within.
(9) Whenever any building becomes vacant, dilapidated and open at door or window,
leaving the interior of the building exposed to the elements or accessible to
entrance by trespassers.
(Ord. No. 120, § 2, 4-2-74)
Sec. 4-58. Notice; contents; hearing officer; filing of notice with officer;
service.
(a) Notwithstanding any other provision of this article, when the whole or any
part of any building or structure is found to be in a dangerous or unsafe condition,
the building department shall issue a notice of the dangerous and unsafe condition.
(b) Such notice shall be directed to each owner of or party in interest in the
building in whose name the property appears on the last local tax assessment
records.
(c) The notice shall specify the time and place of a hearing on the condition
of the building or structure at which time and place the person to whom the
notice is directed shall have the opportunity to show cause why the building
or structure should not be ordered to be demolished or otherwise made safe.
(d) The hearing officer shall be appointed by the township supervisor to serve
at his pleasure. The building department shall file a copy of the notice of
the dangerous and unsafe condition with the hearing officer.
(e) All notices shall be in writing and shall be served upon the person to whom
they are directed personally, or in lieu of personal service may be mailed by
certified mail, return receipt requested, addressed to such owner or party in
interest at the address shown on the tax records, at least ten days before the
date of the hearing described in the notice. If any person to whom a notice
is directed is not personally served, in addition to mailing the notice, a copy
thereof shall be posted upon a conspicuous part of the building or structure.
(Ord. No. 120, § 3, 4-2-74)
Sec. 4-59. Hearing; testimony; decision; order; nonappearance or noncompliance;
review; order to show cause; costs.
(a) The hearing officer shall take testimony of the building department, the
owner of the property and any interested party. The hearing officer shall render
his decision either closing the proceedings or ordering the building to be demolished
or otherwise made safe.
(b) If it is determined by the hearing officer that the building or structure
should be demolished or otherwise made safe, he shall so order, fixing a time
in the order for the owner, agent or lessee to comply therewith.
(c) If the owner, agent or lessee fails to appear or neglects or refuses to
comply with the order, the hearing officer shall file a report of his findings
and copy of his order with the township board and request that the necessary
action be taken to demolish or otherwise make safe the building or structure.
A copy of the findings and order of the hearing officer shall be served on the
owner, agent or lessee in the manner prescribed in section 4-58.
(d) The township board shall fix a date for hearing, reviewing the findings
and order of the hearing officer and shall give notice to the owner, agent or
lessee in the manner prescribed in section 4-58 of the time and place of the
hearing. At the hearing the owner, agent or lessee shall be given the opportunity
to show cause why the building should not be demolished or otherwise made safe
and the township board shall either approve, disapprove or modify the order
for the demolition or making safe of the building or structure.
(e) The cost of the demolition or making the building safe shall be a lien against
the real property and shall be reported to the assessing officer of the township
who shall assess the cost against the property on which the building or structure
is located.
(f) The owner or party in interest in whose name the property appears upon the
last local tax assessment records shall be notified of the amount of such cost
by first class mail at the address shown on the records. If he fails to pay
the same within 30 days after mailing by the assessor of the notice of the amount
thereof, the assessor shall add the same to the next tax roll of the township
and the same shall be collected in the same manner in all respects as provided
by law for the collection of taxes by such township.
(Ord. No. 120, § 4, 4-2-74)
Sec. 4-60. Judicial review.
An owner aggrieved by any final decision or order of the township board under
section 4-59 may appeal the decision order to the circuit court by filing a
petition for an order of superintending control within 20 days from the date
of decision.
(Ord. No. 120, § 5, 4-2-74)
Secs. 4-61--4-80. Reserved.
ARTICLE IV. NUMBERING OF BUILDINGS
Sec. 4-81. Purpose.
The purpose of this article is to provide for the ready identification of residential
and commercial buildings by ambulance, fire, police and other services in the
event of an emergency.
(Ord. No. 142, § 2, 7-21-82)
Sec. 4-82. Enforcement.
It shall be the duty and responsibility of the township ordinance enforcement
officer to see that the provisions of this article are followed and such officer
is empowered to institute an action against anyone who neglects or refuses to
comply with the terms and conditions set forth in this article. Certificates
of occupancy shall not be issued by the township building department until the
provisions of this article have been satisfied.
(Ord. No. 142, § 4, 7-21-82)
Sec. 4-83. Penalty.
A person who violates any provision of this article is responsible for a municipal
civil infraction, subject to payment of a civil fine as specified in section
1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat
offenses shall be subject to increased fines as provided by section 1-10 of
this Code.
(Ord. No. 142, § 5, 7-21-82; Ord. No. 142A, § 1, 4-8-98)
Sec. 4-84. Placing numbers on buildings.
(a) It shall be the joint duty of the owner or occupant of every residential
and commercial building, dwelling and structure in the township to display and
maintain, conspicuously, the numerical street address assigned by the Detroit
Edison Company to that building, dwelling or structure, in accordance with the
provisions of this article.
(b) The numerical street address shall be conspicuously displayed and maintained
on the face of the building, dwelling or structure (or on any permanent fixture
nearer to the roadway or street to which the number is assigned) in such a manner
as to be readily visible to persons located on the roadway or street.
(c) If the numbers on the face of the building or other permanent fixture are
not readily visible from the roadway or street, or are located more than 75
feet from the front property line, it shall be the joint duty of the owner or
occupant of the building or structure to display supplementary numbers so as
to be readily visible from the street or roadway, such numbers to be no more
than 75 feet from the street or roadway, and no more than approximately ten
feet from the driveway used for ingress and egress to the building.
(d) Numerals used in displaying addresses as mandated by this article shall
not be less than three inches in height, shall contrast with the immediate background
on which they are mounted, and may not be in script. Numerals placed on mailboxes
will not be acceptable as fulfilling the provisions of this article.
(Ord. No. 142, § 3, 7-21-82)
Secs. 4-85--4-105. Reserved.
ARTICLE V. FEES, DEPOSITS AND INSURANCE FOR BUILDINGS, SUBDIVISIONS, SITE CONDOMINIUMS,
PRIVATE ROADS
Sec. 4-106. Engineering fees, deposit.
(a) At the time of submittal of construction plans, specifications, and detailed
estimates of costs of any proposed development, subdivision, site condominium
project or private road development, the applicant shall deposit with the township
a sum equal to 1 1/2 percent of the estimated cost of the project, or a minimum
deposit of $1,000.00, whichever is higher. The actual fee for the project review
shall be borne by the applicant and will be on the basis of the actual costs
incurred by the township for outside consultants, plus a ten percent township
administrative fee.
(b) Prior to the commencement of construction or project improvement, the applicant
shall deposit with the township a percentage of the total contract price for
inspections, according to the following schedule:
TABLE INSET:
Contract Amount Deposit
Requirement
Up to $10,000.00 $1,000.00
$10,000.00 to $50,000.00 8%
$50,000.00 to $100,000.00 7% but not less than $5,500
$100,000.00 to $200,000.00 6% but not less than $9,000.00
$200,000.00 to $300,000.00 5% but not less than $16,000.00
$300,000.00 to $500,000.00 4% but not less than $24,000.00
$500,000.00 to $1,000,000.00 3% but not less than $30,000.00
(1) The actual fee for inspection
shall be borne by the applicant, and shall be on the basis of the actual costs
incurred by the township engineers, plus the township administrative fee. Any
unused amount on deposit following inspection and approval shall be returned
to the applicant. At anytime the township supervisor is of the opinion that
the deposit is not sufficient to cover the services that are being provided,
the developer shall be notified in writing as to the estimated deficiency, and
the deposit shall be immediately increased accordingly.
(2) The fees and charges specified above shall be in addition to those charged
for debt service charges, connection charges and other charges or fees for sanitary
sewer and water supply.
(Ord. No. 154, § 11.2, 7-17-91)
Sec. 4-107. Insurance and bonds.
(a) Prior to construction of a subdivision or other site improvement covered
by this chapter, the proprietor or contractor shall procure and maintain during
the life of any contract or agreement for such construction, insurance protecting
the township and its officers and employees from any claim or damages, real,
personal or otherwise, in such amounts as established by resolution of the township
board.
(b) Prior to acceptance of improvements by the township, a one-year maintenance
bond in an amount set by and acceptable to the township shall be posted by the
applicant/proprietor.
(c) If an applicant requests a building permit prior to completion of the required
proposed site improvements, the township board may also require surety deposits
or bonds, to assure completion of the improvements and payment of any additional
fees, not paid in advance. When a deposit or bond is required, the applicant
shall file with the clerk a cash deposit, certified check, irrevocable bank
letter of credit or surety bond acceptable to the township. The township may
also accept, at its discretion, a bond or other guarantee furnished by a subcontractor
or a lending institution when the township is listed as an interested body of
such a guarantee. The amount of such bond shall cover the cost of all remaining
improvements. The guarantee shall include a schedule of costs assigned to the
improvements, and approved by the township. Monies may be released to the applicant
in proportion to work completed on the different elements after inspection of
work and approval of the township. Any partial release of funds shall be less
than ten percent which shall be retained by the township until all work has
been completed and subsequently inspected and approved by the township.
(Ord. No. 154, § 12.3, 7-17-91)
Sec. 4-108. Building permit fees and deposits.
(a) Fee Schedule. Schedules of fees for building, alteration, grading, excavating
and filling permits, special inspection fees and over-time inspection fees shall
be established from time to time by resolution of the Township Board. All fees
for such permits shall be related to the estimated total project cost, based
upon current standard prices, as determined by township building officials.
(b) Payment of Fees.
(1) No permit for new construction, alteration, removal, demolition or other
building operation or filling, grading or excavating shall be issued until all
fees required hereunder, or under other ordinances or laws, shall have been
paid, nor shall any amendment to a permit necessitating an additional fee be
granted until the additional fees shall have been paid. No permit shall be issued
until all permit deposits and other charges required hereunder or under other
ordinances or laws shall have been paid.
(2) The payment of a permit fee shall not relieve the applicant or holder of
the permit from the payment of all other fees that may be prescribed by law
or ordinance, including fees for water taps, sewer connections, plumbing permits,
electrical permits, heating premits, air conditioning permits, erection of signs
and display structures, marquees or other appurtenant structures or fees for
special inspections or tests, certificates of use and occupancy or other privileges
or requirements, both within and without the jurisdiction of the township building
department.
(c) Permit Deposits.
(1) It shall be unlawful for any person, firm or corporation to commence the
erection of any structure, or to excavate, fill or grade, within the township
until he shall have deposited with the township building department a cash deposit
which shall be placed at the disposal of, or forfeited to, the township, as
hereinafter set forth. Said deposit shall be held by the township and be applied
as required to save the township and the public harmless from any damage to
the health, safety and welfare of the community arising from such construction,
excavation, filling or grading, any expenses arising from any such damage, and
administrative costs hereof, specifically including (without limiting the generality
of the foregoing), damage to trees, shrubs, plants, bushes, shrubbery, water
hydrants, water mains, sewer mains, curbs, sidewalks, crosswalks, paving or
street surfacing, buildings or fences, damage caused by any failure to remove
any dirt, waste or debris accumulated incident to such work or caused by failure
to backfill any excavation properly and expenses incurred by the township arising
from failure to comply with the terms hereof.
(2) The amount of each deposit shall be as follows:
a. For minor repairs or construction where the estimated cost does not exceed
$1,000.00 . . . no deposit required
b. For alterations, additions, accessory buildings and other work on existing
residential, commercial or industrial structures where the estimated cost exceeds
$1,000.00 but does not exceed $6,500.00 . . . $250.00
c. For new residential construction . . . 500.00
d. For all construction (other than new residential construction) where the
estimated cost exceeds $6,500.00 but does not exceed $75,000.00 . . . 500.00
e. For all construction (other than new residential construction) where the
estimated cost exceeds $75,000.00 . . . 500.00
For each $20,000.00 (or fraction thereof) over $75,000.00 to a maximum [deposit]
of $2,500.00 . . . 100.00
f. For all grading, filling and excavation work where the estimated cost does
not exceed $5,000.00 . . . 250.00
g. For all grading, filling and excavation work including private roads where
the estimated cost exceeds $5,000.00 . . . 500.00
h. For demolition work . . . 250.00
(3) Before any temporary certificate of occupancy is granted by the township
building department in a mapped district other than R-I-R, R-I-S, R-I and E,
the applicant is to provide to the township a cash deposit, certified check,
letter of credit or surety bond in an amount equal to, but not greater than,
the amount required to complete all phases of the project. The township building
department is to determine the amount of the required deposit, in consultation
with the township engineers, when deemed necessary. Any engineering fees are
to be paid by the applicant.
(d) Forfeiture.
(1) If any structure is occupied prior to issuance of an occupancy use permit,
the permit deposit shall be immediately forfeited to the township. If any work
for which a permit is required is not completed within two years of the date
of issuance of the permit required therefor, or within one year of the date
of any amendment thereto, the permit deposit shall thereupon be immediately
forfeited to the township.
(2) Deposits for temporary occupancy permits are to be forfeited to the township,
if all phases of the construction work are not completed within one year from
the date of issuance of the temporary occupancy permit; or whenever any deposit
used for the temporary occupancy permit is due to expire, if less than one year.
(e) Unclaimed Permit Deposits. If a permit deposit remains unclaimed for a period
of two years or more from the date of issuance of the permit, or within one
year of the date of any amendment thereto, the township treasurer shall cause
a written Notice of Forfeiture to be deposited in the United States Post Office,
certified mail, return receipt requested, addressed to the last known address
of the holder of the permit, declaring that unless the permit deposit is claimed
within 60 days of the date of mailing such Notice of Forfeiture, the permit
deposit shall immediately be forfeited to the township, absolutely, without
further action of any kind. If the permit holder claims the permit deposit within
the 60 days, it shall be refunded after deductions of the following fees:
Inspection Fee . . . $ 35.00 per inspection
Custodial Charges . . . 20.00
Service Fees . . . 10.00 per service
Bookkeeping Costs . . . 5.00 per year
(f) Deposit of Funds. All
permit deposits shall be deposited in the township general funds. A separate
accounting for each permit deposit shall be maintained by the township.
(Ord. No. 136, §§ 1--6, 5-21-80; Ord. No. 136A, §§ 1, 2,
12-16-81)
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