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Independence Township


Approved First Reading to amend Ordinance providing certain functions and duties of the Township Supervisor



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December 28, 2011 - NOTICE IS HEREBY GIVEN that at its regular meeting on December 6, 2011, the Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Charter Township Code, as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2011-03

An Ordinance to amend certain provisions of the Independence Charter Township Code in order to provide that certain functions and duties of the Township Supervisor shall be performed by the Township Superintendent, if one is appointed by the Township Board.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1 of Ordinance

Chapter 1, Section 1-2 of the Independence Charter Township Code is hereby amended to add a definition of the term "superintendent/supervisor" in alphabetical order to the existing list of definitions and rules of construction contained in that section, which new defined term is to read as follows:

Superintendent/supervisor. The term "superintendent/supervisor" means the township superintendent if a superintendent has been appointed by the township board, and if a superintendent has not been appointed by the township board said term shall mean the township supervisor.

Section 2 of Ordinance

Chapter 6, Article II, Division 2, Section 6-54 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 6-54. Fees.

(a) [Unchanged].

(b) Fee for monitoring. In the event the township receives a written and signed complaint from any person alleging that a licensee is violating the requirements of this article, and the township board, or the township superintendent/supervisor determines to monitor such licensee in response to such complaint, the licensee shall upon demand pay a monitoring fee in an amount not to exceed the actual costs and expenses incurred for the monitoring. The test result data obtained by such monitoring shall be made available to the licensee upon request.

Section 3 of Ordinance

Chapter 12, Article VIII, Section 12-194 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 12-194. Design Principles.

(a) [Unchanged].

(b) [Unchanged].

(c) Safety path master plan. For any development in the township, involving any use, with the exception of a development which, considering present and potential future activity, involves the construction of not more than one single-family residence, and subject to subsection (c)(7) of this section, the following regulations shall apply if the development is located on or adjacent to a proposed safety path, as designated on the township safety path master plan:

(1) [Unchanged].

(2) [Unchanged].

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(6) Where unique and peculiar circumstances are present, such as extreme topography, dense mature trees and/or wetlands, the planning commission shall be authorized to vary the location and/or specifications of safety path construction so as to minimize or avoid a safety hazard and/or adverse impact upon natural features. Moreover, during the course of construction, the township superintendent/supervisor may authorize the township engineer to work with the developer in the field and permit minor deviations in the interest of safety and natural feature preservation, and provide for orderly development of a coordinated network of safety paths. Any and all required approvals from other governmental entities shall be obtained by the developer with respect to all variances permitted by the township.

(7) [Unchanged].

Section 4 of Ordinance

Chapter 14, Article II, Section 14-23 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 14-23. General standards.

All developments of land, including all modifications of existing developments, shall be designed, constructed, and maintained to prevent flooding, protect water quality, and reduce where feasible both the runoff peak flow rate and the volume of stormwater discharged from the property. The particular facilities and measures required shall take into consideration the natural features, wetlands, and watercourses on or near the site; the potential for on-site and off-site adverse stormwater impacts, water pollution, and erosion; and the size of the site. The nature and extent of measures required by the township may take into consideration any previously existing natural resources and features, such as wetlands and watercourses on the site that have been filled or altered. Engineered site grading plans shall be required for all developments requiring site plan review under section 5.12 of the township zoning ordinance.

(1) [Unchanged].

(2) Soil erosion control.

a. [Unchanged].

b. [Unchanged].

c. [Unchanged].

d. [Unchanged].

e. [Unchanged].

f. [Unchanged].

g. [Unchanged].

h. [Unchanged].

i. [Unchanged].

j. [Unchanged].

k. The township shall have the authority to issue stop work orders for failure to comply with the requirements of this section; provided a proprietor shall be entitled to a hearing before the superintendent/supervisor, or his or her designee, within three business days to determine whether the stop work order shall continue.

l. [Unchanged].

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(6) [Unchanged].

(7) [Unchanged].

Section 5 of Ordinance

Chapter 16, Article II, Section 16-21 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 16-21. Process of licensure; RFP.

(a) In the month of April of odd-numbered years, or more frequently if determined appropriate by the township board, the township superintendent/supervisor, or superintendent if one has been appointed, shall prepare and distribute a request for proposal for licensure to provide ambulance service in the township.

(b) The RFP shall be distributed to all persons and entities believed by the township superintendent/supervisor to be willing and able to provide ambulance services in the township.

(c) The form and content of the RFP shall be determined by the superintendent/supervisor and shall solicit information calculated to be relevant in making a selection of a primary and backup ambulance service in the best interest and advantage of the township and its residents, including, without limitation, information relating to the quality of service, schedule of costs and response time to be provided by prospective licensees.

(d) [Unchanged].

(e) [Unchanged].

(f) [Unchanged].

Section 6 of Ordinance

Chapter 18, Article II, Section 18-19 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 18-19. Unlawful acts occurring out-of-doors.

It shall be unlawful to cause or permit any of the following acts to occur out-of-doors:

(1) [Unchanged].

(2) Construction noises. The creation of noise which is clearly audible beyond the property from which it is emanating, resulting from the erection (including excavation), demolition, alteration or repair of any building, and the excavation of streets and highways, at any time prior to 7:00 a.m. and after sunset, Monday through Saturday, and at any time prior to 10:00 a.m. and after 6:00 p.m. on Sunday. A deviation from such limitation shall be authorized if a permit is obtained in advance from the township superintendent/supervisor or the superintendent's/supervisor's designee, upon a showing that the noise will not result in an unreasonable disturbance of one or more residential occupants.

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(6) [Unchanged].

(7) [Unchanged].

(8) [Unchanged].

Section 7 of Ordinance

Chapter 18, Article IV, Division 2, Sections 18-119 and 18-120 of the Independence Charter Township Code are hereby amended to read as follows:

Sec. 18-119. Mitigation bank.

(a) [Unchanged].

(b) The purchase and use of mitigation credits from the mitigation bank may be permitted in accordance with this section. Copies of all permit applications under this division that involve the purchase and use of mitigation credits shall be forwarded to the township superintendent/supervisor.

(c) [Unchanged].

(d) [Unchanged].

(e) [Unchanged].

(f) [Unchanged].

(g) [Unchanged].

Sec. 18-120. Administration of mitigation bank.

The mitigation bank shall be managed, monitored and maintained by the township superintendent/supervisor through the department and in consultation with the township engineer and wetlands consultant. The township superintendent/supervisor shall maintain a record of the total number of mitigation credits generated, available and sold within the mitigation bank, and the names and addresses of those who have purchased credits. The superintendent/supervisor shall inform the director and/or board of the amount of available mitigation credits upon receiving an application pursuant to section 18-119(b).

Section 8 of Ordinance

Chapter 20, Article II, Section 20-24 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 20-24. Bureau of Fire Prevention.

(a) [Unchanged].

(b) [Unchanged].

(c) [Unchanged].

(d) [Unchanged].

(e) [Unchanged].

(f) No less than one report of the bureau of fire prevention shall be made and transmitted to the superintendent/supervisor of the township on or before February 1 each year. Such report shall be signed by the fire chief and shall include:

(1) [Unchanged].

(2) [Unchanged].

Section 9 of Ordinance

Chapter 24, Article II, Sections 24-20, 24-22, 24-23, 24-24, 24-25, 24-26 and 24-27 of the Independence Charter Township Code are hereby amended to read as follows:

Sec. 24-20. Creation of department.

(a) Generally. The township board may, in its discretion, establish in and for the township a police department which shall be responsible for maintaining the public peace and order and enforcing all ordinances of the township, all laws of the state, and all rules and regulations of the township board of health, and such other township rules and regulations, as the township superintendent/supervisor may deem necessary.

(b) Composition. [Unchanged].

(c) Powers. [Unchanged].

(d) Director. [Unchanged].

(e) Director responsible to superintendent/supervisor. The designated head of the police department shall be responsible to the township superintendent/supervisor for the efficient operation of the police department in accordance with the rules and regulations as promulgated hereunder.

Sec. 24-22. Supervision.

(a) Generally. The township superintendent/ supervisor, shall exercise general supervision and control over the police department in accordance with the following powers and responsibilities:

(1) [Unchanged].

(2) [Unchanged].

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(6) [Unchanged].

(7) He shall have such other powers and authority as are reasonably necessary for the proper discharge of the duties of township superintendent/supervisor and as are reasonably necessary for the exercise of the authority created by this article.

(b) Report of operations to township board. The township superintendent/ supervisor shall, at such times as the township board may require, and at least annually, render to the board a complete report of the operations of the police department. Such report shall include the number of arrests made, numbers and types of complaints and similar data which will enable the township board to judge the level of performance of the police operations performed by the police department.

(c) Annual estimate of funds needed. The township superintendent/ supervisor shall, in March of each year, present to the township board his estimate of the funds necessary for the proper operation of the police department for the coming fiscal year.

Sec. 24-23. Employment qualifications.

(a) Criteria. Any person employed as a police officer by the township shall meet the criteria established under Public Act No. 203 of 1965 (MCL 28.601 et seq.).

(b) Interviews. All applicants seeking positions on the police department shall be interviewed by the township superintendent/ supervisor, the township board at the discretion of the township superintendent/supervisor, and such other persons as the superintendent/supervisor or the township board may direct.

(c) Information. All applicants shall provide the superintendent/supervisor, with such resume information, background information, and other information as the superintendent/ supervisor may reasonably require.

Sec. 24-24. Personnel actions.

(a) Vacancies. The township superintendent/supervisor shall fill all vacant positions in the police department, subject to the approval of the township board.

(b) Promotions. Promotions within the police department shall be made by the township superintendent/supervisor on the basis of merit, subject to approval by the township board.

Sec. 24-25. Police appeal board.

(a) Establishment. There shall be a police appeal board established to consist of three members of the township board, not including the supervisor, the members to be appointed by the township board. The appeal board shall hear all proper appeals by a member of the police department from action of the township superintendent/supervisor or chief of police, including any disciplinary action. The time and manner in taking such appeals shall be determined by the appeal board.

(b) Procedures. No member of the police department shall be removed except upon written charges preferred against him and after opportunity to be heard in his own defense. The township superintendent/supervisor may suspend a member of the police department against whom charges have been made, the suspension to pend a hearing before the appeal board. The appeal board may take such disciplinary action as it deems necessary, including removal or dismissal of the police officer.

Sec. 24-26. Swearing in.

(a) Oath. The township superintendent/supervisor shall require each member of the police department to take a constitutional oath of office before the township clerk and shall provide for the registry of a certificate thereof in a book to be kept for that purpose.

(b) Identification card and badge. Each police officer so sworn in shall be provided with an identification card and badge, both of which shall indicate his name, rank and status.

Sec. 24-27. Auxiliary police officers.

(a) Appointment. The township superintendent/supervisor may appoint special police officers to be known as auxiliary police officers in such numbers as he may deem necessary to perform such regular police duties and extraordinary police services as provided for by the township superintendent/supervisor with all of such appointments to be subject to approval by the township board.

(b) Swearing in; equipment. Auxiliary police officers shall be sworn in as in the case of regular police officers and shall wear such badges, uniform and insignia as the township superintendent/supervisor may direct and shall be equipped in the manner he deems necessary for the proper discharge of their duties, all subject to approval by the township board.

(c) Suspension or removal. The township superintendent/supervisor may at any time suspend or remove any auxiliary police officer forthwith, with the suspension to be subject to review and approval by the township board.

(d) Duties. The auxiliary police officers may act as safety patrol officers on the grounds of the various schools in the township, and may perform such other duties as the township superintendent/supervisor may direct.

(e) Equipment. The auxiliary police officers shall be equipped by or at the direction of the township superintendent/supervisor with such equipment to be approved by the township board, except that no auxiliary police officer shall be armed other than when on duty.

(f) Compensation. No auxiliary police officer shall be compensated for his services except on authorization of the township board.

(g) Exercise of authority. It shall be unlawful for any auxiliary police officer to exercise his authority or to wear his uniform or insignia or display his badge in an attempt to exercise his authority except during the performance of actual authorized police duty or extraordinary police services as directed by the township superintendent/supervisor or during authorized drill and training sessions.

(h) Refusal to respond to duty. It shall be unlawful for any auxiliary police officer to knowingly and willfully and without proper excuse neglect and refuse to respond to assignment or duty when called by the township superintendent/supervisor or by the head of the police department.

(i) Enforcement responsibilities. Auxiliary police officers shall be used for the enforcement of township ordinances only, and shall not be used for enforcement of state law unless such officers have been trained in accordance with the minimum standards set forth in Act. No. 17 of the Public Acts of 1969 (MCL 41.181).

(j) Considered employees while on duty. While on actual police duty all auxiliary police officers shall be considered to be employees of the township and shall be entitled to the same rights and immunities as regular members of the police department, including rights to benefits under the state workmen's compensation laws.

Section 10 of Ordinance

Chapter 24, Article III, Section 24-60 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 24-60. Police officers, public servants authorized to issue, serve.

(a) Appearance tickets. In addition to police officers, the following persons, being public servants of the township, are hereby authorized to issue and service upon persons, appearance tickets and other citations with respect to alleged violation of ordinances and codes of the township in such cases as the designated public servant has reasonable cause to believe that persons have committed violations of an ordinance or code of the township:

(1) The township supervisor and township superintendent;

(2) [Unchanged].

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(b) [Unchanged].

Section 11 of Ordinance

Chapter 26, Sections 26-12, 26-13, 26-14 and 26-22 of the Independence Charter Township Code are hereby amended to read as follows:

Sec. 26-12. Application to obtain license; investigation fee.

(a) Any person desiring to obtain a license to operate a massage facility, massage school, or similar business or to perform massage services shall make application to the township clerk. The township clerk shall refer all such applications to the township superintendent/supervisor for an investigation. An application to obtain a license to operate a massage facility, massage school, or similar business shall be accompanied by an investigation fee in an amount established by resolution of the township board of trustees. No part of such fee will be refundable.

(b) [Unchanged].

(c) [Unchanged].

Sec. 26-13. Application; contents.

(a) Any applicant for a license required in this chapter shall submit the following information:

(1) [Unchanged].

(2) [Unchanged].

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(6) [Unchanged].

(7) [Unchanged].

(8) [Unchanged].

(9) One portrait photograph of at least two inches by two inches and a complete set of the applicant's fingerprints, which shall be taken by the township superintendent/supervisor or his agent;

(10) [Unchanged].

(11) [Unchanged].

(12) [Unchanged].

(13) [Unchanged].

(14) [Unchanged].

(b) [Unchanged].

(c) [Unchanged].

Sec. 26-14. Review; investigation; inspection of premises; issuance of denial; appeals.

(a) Any applicant for a license under this chapter shall present to the township clerk the application containing the required information. The application shall be referred to the township superintendent/supervisor who shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the township superintendent/supervisor shall render a recommendation to the township clerk as to the approval or denial of the license.

(b) The township superintendent/supervisor shall recommend denial of an application for a license if the character, reputation, moral integrity, or physical or mental condition of the applicant or his employees is found to be detrimental to the public health, safety, morals, or general welfare. The superintendent/supervisor's recommendation shall be based on appropriate and competent evidence available to the superintendent/supervisor. In making such a determination, the superintendent/supervisor shall consider:

(1) [Unchanged].

(2) [Unchanged].

(c) [Unchanged].

(d) [Unchanged].

(e) [Unchanged].

(f) [Unchanged].

Sec. 26-22. Revocation and suspension procedure.

(a) No license under this chapter shall be revoked until after a hearing before the township board to determine just cause for such revocation. The township superintendent/supervisor or his designee may order any license suspended pending such hearing if it appears that a threat to the public health, safety and/or welfare will result (or continue) if the suspension is not imposed. It shall be unlawful for any person to carry on the business of a massagist or to operate as a massage facility, massage school, or similar business, depending upon the particular type of license which has been suspended, until the suspended license has been reinstated by the township board. Notice of such hearing shall be given in writing and served at least five days prior to the date of the hearing. The notice shall state the grounds of the complaint against the holder of the license or against the business carried on by the licensee at the establishment and shall state the time of the hearing and the place where the hearing will be held.

(b) [Unchanged].

Section 12 of Ordinance

Chapter 36, Article II, Section 36-22 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 36-22. License.

(a) [Unchanged].

(b) Exception; advanced notice. The superintendent/supervisor may permit an application to be presented less than 14 days in advance upon good cause shown for the inability to comply with such advance notice requirement, and if there is time to scrutinize the application materials.

(c) [Unchanged].

(d) [Unchanged].

Section 13 of Ordinance

Chapter 36, Article III, Division 1, Section 36-56 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 36-56. Solicitation in public streets and roads prohibited; exceptions.

It shall be unlawful, and shall constitute a nuisance for any person, whether registered under this article or not, to engage in soliciting activities in public streets and/or roads, except recognized nonprofit charitable or religious organizations that have provided prior written notification to the clerk at least 30 days prior to the date of commencing soliciting activities including verifiable proof that the sponsoring organization is a legitimate nonprofit charitable or religious organization, shall be permitted to engage in soliciting within designated intersections in the township, subject to all of the following specific requirements and regulations:

(1) [Unchanged].

(2) [Unchanged].

(3) [Unchanged].

(4) [Unchanged].

(5) [Unchanged].

(6) [Unchanged].

(7) [Unchanged].

(8) [Unchanged].

(9) [Unchanged].

(10) [Unchanged].

(11) The proposed soliciting at intersections under this section shall be reviewed and reported upon by the township law enforcement agency in terms of safety issues, traffic congestion and conflicts with other events or previously approved soliciting affecting traffic in the township, and soliciting shall only occur at such intersections, at such times and upon such conditions as have been approved and identified in writing by the township superintendent/supervisor based upon the information contained in applications submitted pursuant to this section and section 36-87, the recommendations contained in the report of the township law enforcement agency, and information otherwise known to the superintendent/supervisor concerning safety issues, traffic congestion and conflicts with other events or previously approved soliciting affecting traffic;

(12) [Unchanged].

(13) [Unchanged].

(14) [Unchanged].

Section 14of Ordinance

Chapter 42, Article III, Division 2, Section 42-80 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 42-80. Disruption permit required.

(a) [Unchanged].

(b) Exceptions. This section shall not prohibit those temporary obstructions which are incidental to the expeditious movement of articles and things to and from abutting premises, the lawful operation and parking of vehicles within the part of the township's right-of-way, nor the lawful and customary use of property by adjoining homeowners for such things as landscaping. In the event of a disruption emergency, including, but not limited to, a natural disaster, war and/or severe weather condition, a person and/or a permittee may disrupt the township's right-of-way without first receiving a disruption permit from the township; provided, that the township superintendent/supervisor and/or his designee has approved the emergency disruption before the emergency disruption takes place.

(c) [Unchanged].

Section 15 of Ordinance

Chapter 46, Article III, Divison 2, Section 46-134 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 46-134. Failure to pay; issuance of citation.

(a) [Unchanged].

(b) Following the due date, the payment of a fine for a parking violation notice where such fine has not been paid in a timely manner, the township treasurer shall transmit to the township superintendent/supervisor or directly to the police officers serving the township if so directed by the superintendent/supervisor a copy of the violation notice accompanied by a statement that a citation may be filed with the 52nd District Court, Second Division, with a copy served by first class mail upon the registered owner of the vehicle at the owner's last known address, in accordance with MCL 257.742.

(c) [Unchanged].

Section 16 of Ordinance

Chapter 48, Article I, Section 48-31 of the Independence Charter Township Code is hereby amended to read as follows:

Sec. 48-31. Water usage regulations; water supply emergencies; alternate day lawn watering.

(a) A water supply emergency shall be deemed to exist whenever the township superintendent/supervisor finds on the basis of drought conditions, depletion of water supply, reduction in water pressure or other reasons, that there is a threat of loss of water supply to the community or any portion of the community, and the township superintendent/supervisor causes a declaration of such water supply emergency to be publicly posted and announced, published or mailed in the manner set forth in subsection (c) of this section. A water supply emergency may be declared when the superintendent/supervisor receives notification from the township's department of public works director or the offices of the county drain commissioner or the state department of environmental quality that the supply or pressure demand for water cannot be satisfactorily accommodated and general welfare is likely to be endangered in the community or in any portion of the community.

(b) [Unchanged].

(c) The township superintendent/supervisor shall cause such declaration to be posted at the township hall. Additionally, the township superintendent/supervisor shall, to the extent feasible, cause such declaration to be publicly announced by broadcast from a radio or television station with a normal operating range covering the township, published in a newspaper of general circulation throughout the township or mailed by certified mail, return receipt requested, to all property owners within the area identified in the declaration as being affected by the water supply emergency at the address listed on the township tax rolls for such properties.

(d) The township superintendent/supervisor shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this section.

(e) [Unchanged].

(f) It shall be unlawful for any person to utilize water from the township water supply system for any type of outdoor use, in contravention of a declared water supply emergency, other than responding to a fire emergency. The prohibition shall remain in effect 24 hours per day, seven days per week until the water supply emergency is declared ended by the township superintendent/supervisor. The township superintendent/supervisor may, if requested in advance, provide exceptions to the restrictions of this section in cases of new lawn or landscaping installations, or where necessary to prevent imminent financial loss to the water user.

(g) [Unchanged].

(h) [Unchanged].

Section 17 of Ordinance

Chapter 48, Article III, Division 1, Section 48-53 of the Independence Charter Township Code is hereby amended to delete the following definition of the term "Supervisor" as follows:

Section 48-53. Definitions.

Supervisor means the township supervisor of the township or his authorized representative.

Section 18 of Ordinance

Any prior ordinances or terms of ordinances in direct conflict with the provisions of this ordinance are hereby repealed.

Section 19 of Ordinance

If one or more sections, provisions, phrases or words of this ordinance are declared to be invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections, provisions, phrases and words of this ordinance, which shall continue in full force and effect, and to this end, this ordinance is declared to be severable.

Section 20 of Ordinance

All proceedings pending and all rights and the liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.

Section 21 of Ordinance

This ordinance shall be effective upon publication in the manner prescribed by law.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Township Clerk

Published: 12/28/2011

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