[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.]
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.
A.
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."
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
