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Schedule of Zoning Fees

LEELANAU TOWNSHIP RESOLUTION
NUMBER 11 OF 2003

SCHEDULE OF FEES

WHEREAS, Leelanau Township (Township) has, in the past, legally adopted and amended the Leelanau Township Zoning Ordinance (LTZO) and other ordinances; and,

WHEREAS, the Township has recently entered into contract with a professional planning service to administer certain portions of the LTZO, and the service charges specific fees for these administerial services; and,

WHEREAS, due to changes in land use and land division regulations at both the State and local levels, the Township has experienced an increase in cost for time, effort and material associated with zoning applications; and,

WHEREAS, the Township Planning Commission, Township Zoning Administrator, and Township Supervisor have analyzed the Township’s current fee schedule and various ordinances, have determined current fee amounts to be either insufficient to adequately cover cost increases associated with the administration of the Township’s various ordinances, or, in some cases, have found no fee established for certain types of applications under the various ordinances; and,

WHEREAS, the Township is authorized by MCL 125.295 to collect fees for administration of the various Township ordinances;

NOW, THEREFORE, BE IT RESOLVED:

SECTION 1 – INTENT AND PURPOSE - The following fees shall be collected for administration of the Leelanau Township Zoning Ordinance and various other Township Ordinances. Some projects/applications require a review under multiple sections of the Ordinances. A separate fee must be paid for each review required by any ordinance. No part of these fees so tendered shall be refunded, even in the event of withdrawal of an application.

Fees are used to offset the actual costs of administering the ordinances. These costs include, but are not limited to: postage, photocopying, newspaper public hearing advertisements, notices to adjoining property owners, per diem expenses of staff, trustees and commissioners, film, mileage, maps, reproductions of application materials, inspections, other staff review and preparation time, professional reviews, attorney fees and other related expenses, and costs for outside professional planners, engineers, surveyors, architects and/or landscape architects to review the submitted site plans and applications to ensure the extent of conformance or non-conformance with the Leelanau Township Zoning Ordinance and any other related Ordinances of the Township

SECTION 2 – APPLICATION FEES:

A. Land Use Permits - Ten (10) cents per square foot of land use area, beginning with structures greater than 100 square feet. Failure to apply for a Land Use Permit prior to construction will result in doubling the Land Use Permit fee.

B. Site Plan Review

1. Major Projects – includes projects located in the Industrial, Commercial, Commercial Resort Districts and PSO Stage 2, PUD or Condominium Subdivision, Special Land Use

a. Preliminary Site Plan Review - $1,000 plus $100 for each residence and $100 for each non-residential use.

b. Final Site Plan - $1,000

2. Minor Projects – includes PSO Stage 1, Special Lot Split in
Ag District, amendments to PC approved site plans –

a. $250.00 plus $50 for each residence and $50 for each non-residential use.

C. Condominium / Subdivision Document Review Fee associated with
PSO, PUD, Condominium / Subdivision - $1,000

D. Rezoning Application - $1,000

E. Zoning Text Amendment Application- $750

F. Variance or Appeal Application - $750.00

G. Special Land Use Application (not covered in Item B) - $2,000

H. Land Division Application - $250.00 plus $50.00 each resulting parcel

I. Communication Tower Application - $1,000 each site

J. Private Access Road Application, not associated with PSO, PUD, Condominium / Subdivision - $500

SECTION 3 – EXCEPTIONS AND ADDITIONS:

A. If it is determined by Leelanau Township Zoning Staff or the Township Board that the above fees will not cover the actual costs, an applicant shall file such additional fees in an amount determined by the Zoning Administrator, with approval of the Township Supervisor, equal to the estimated additional costs. Said fees shall be placed in Escrow and used solely to pay for said professional reviews and applications costs. Any unexpected funds (in excess of the basic fees set forth in Section 2) shall be returned to the applicant following final action on the application. Any fees incurred by the Township in excess of the Escrowed amount for purposes within this resolution shall be billed to the applicant and paid within 30 days of billing date or Township approval will be withdrawn until payment has been received.

B. No fees shall be required for the following minor amendments to an approved Site Plan:

1. Moving building walls within the confines of the smallest rectangle that would have enclosed each original approved building(s). Relocation of building entrances or exits, or shortening of building canopies.

2. Changing the angle of parking or aisle width provided there is no reduction in the amount of required off-street parking or in reduction of aisle width below Ordinance requirements.

3. Moving of ingress and egress drives a distance of not more than 100 feet if required by the appropriate State, County or other Local Road Authority with jurisdiction.

4. Substituting landscape plan species provided a nurseryman, landscape architect, engineer or architect certifies the substituted species is similar in nature and screening effects.

5. Change in type and design of lighting fixtures provided an engineer or architect certifies there will be no change in the intensity of light at the property boundary.

6. Increase in peripheral yards or setbacks.

7. Changing the location of an exterior building wall or location not more than 10 feet because of a natural impediment or hazard such as bedrock or muck soils, provided that in so doing no setback requirement of the Ordinance is violated and no significant reduction in safety or in the amount of open space is thereby affected

SECTION 4 - VALIDITY

If any section, provision or clause of this resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect any remaining portions or application of this resolution which can be given effect without the invalid portion or application.

SECTION 5 - EFFECTIVE DATE

This resolution shall become effective immediately.

The foregoing resolution offered by Board Chairman, Jim Neve, Second offered by Board Member Denise Dunn: Upon Roll Call Vote, the following voted “aye”: Dunn, Fredrickson, Goldschmidt, Van Pelt, Neve. The supervisor declared the resolution adopted.