Charter Township of Oakland, MI
Oakland County
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[HISTORY: Adopted by the Township Board of the Charter Township of Oakland 9-12-1995 by Ord. No. 67 (Ch. 2, Art. V, Div. 3, of the 2007 Code of Ordinances). Amendments noted where applicable.]
Floodplain and wetlands protection — See Ch. 210.
Land divisions and subdivisions — See Ch. 250.
Stormwater management and erosion control — See Ch. 364.
Tree protection, preservation and removal — See Ch. 389.
The intent and purpose of this chapter is to ensure that the obligation to finance Township reviews for the benefit of private persons or entities does not fall upon the general public where the purpose or direct benefit of such Township reviews is not for the Township at large. The intent of the Township Board is to require persons and entities seeking approvals which are not for the direct benefit for the Township at large to pay for the financial burdens incurred by the Township as a result of the requests for Township reviews.
This chapter shall apply in circumstances in which the Township is requested for, or otherwise acts upon, an authorization, permission, permit, recommendation, expert determination, opinion or other approval or action for the benefit of the person or property which is the subject of such action, and where the purpose or direct benefit of such action is not for the Township at large. For purposes of this chapter, such action shall be referred to as "Township review."
Where a Township review reasonably requires one or more Township consultants, contractors, agent, or other persons or entities not compensated on a regular Township salary or hourly basis, or if and to the extent a Township review reasonably requires action by a Township officer or employee which contemplates work beyond regular salary or hourly compensation, the person making the request, and/or the owner of the property which is the subject of the Township review, shall be obligated to advance the moneys reasonably allocable for the Township review, together with a reasonable administrative fee. The administrative fee shall be in an amount estimated by the Township to be reasonably related to the cost of administering this chapter, and to the time expended by the Township officers and employees during normal business hours in undertaking a Township review. If the moneys for any reason have not been advanced prior to the Township review, such moneys shall be reimbursed.
The amount of money required to be paid under this chapter shall be reasonably related to the amount of costs and expenses to be incurred by the Township to complete the Township review and administration.
For purposes of administering this chapter, the Township may require an escrow of moneys with the Township in an amount reasonably estimated to be required to cover the anticipated costs and expenses to be incurred in the Township review and administration. Payments from such escrow shall be based upon a written billing or other written accounting for the Township review undertaken, and such written documentation shall be maintained for inspection by the person or entity providing the funds.
In the event it is determined that the amount in escrow is or will be inadequate to cover all the costs and expenses of the Township review and administration, the Township may require supplemental moneys to be placed in escrow for completion of the Township review.
To the extent an escrow exceeds the actual cost and expense of the Township review and administration, as ultimately determined, the excess shall be returned to the person or entity who posted the escrow.
If a person does not have adequate funds to pay for the Township review, as required under this chapter, the fees will be waived upon the filing of an affidavit of indigency, stating under oath that such person does not have adequate real or personal property to pay or secure all or any part of the funds.
In the event a person or entity called upon to escrow or otherwise pay moneys under this chapter becomes aggrieved based upon the administration of this chapter, such person or entity may appeal decisions made in the administration of this chapter to the Township Board, provided such appeal must be taken within 21 days of the decision to be appealed by submitting a letter or other writing to the Township Clerk requesting the appeal with such time.