TEXAS TOWNSHIP SPECIAL BOARD MEETING MARCH 17, 2008

CALL TO ORDER

Clerk Kerr called the meeting to order at 8:00 a.m. The following Board members were present: Trustee Steven Bosch, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, and Clerk Linda Kerr. Also present was Attorney Lynda Thomsen, Engineer Tom Wheat, and four interested persons. Absent: Trustee Donald Boven and Supervisor Ronald Commissaris.

REQUEST FOR VARIANCE – SEWER CONSTRUCTION

Clerk Kerr explained that Scott Carlson developer of Texas Heights #8 is seeking a variance for construction of sanitary sewer prior to submittal and approval of a the Final Preliminary Site Condominium (step 2). The Board then reviewed a memo from Attorney Thomsen relating to the issue. Attorney Thomsen iterated that the ordinance requires the developer to submit construction plans for approval by the Township Board for Final Preliminary Site Condominium (step 2). In this particular situation, the developer wishes to postpone submittal of those plans and to proceed with construction of the sanitary sewer. The difficulty is that if construction is undertaken, the Township must have the work inspected on its behalf; the Board’s policy is that the developer pays for all costs associated with that construction. The ordinance permits the Township Board to grant a variance from any provision relating to site plan review. However, if the Board decides to approve a variance, she suggested the developer submit a cash bond in an amount of at least 200% of the estimated costs of inspection and associated expenses. She also recommended that the developer submit a letter acknowledging that he understands that he is proceeding at his own risk; it is not step 2 approval, nor does it imply any approvals; the developer must agree to comply with the site plan requirements of the zoning ordinance and to submit plans for step 2 review and approval on or before a specified date, and that no vested rights arise out of or in relation to the variance as it might relate to step 2 or step 3 review under the ordinance or any other matter. Attorney Thomsen also expressed her concern that a possible variance is the potential for developers to get into a habit of doing this, which might have the effect of putting pressure on the Township to minimize its review of plans for site condominiums and plats.

Scott Carlson and Engineer Tim Woodhams relayed the difficulties they are experiencing obtaining Kalamazoo County Road Commission approval, which has been the obstacle for submitting the required paperwork for step 2. Mr. Carlson questioned associated expenses regarding the variance. Board members explained that the cost of the special meeting would be considered an associated expense.

Engineer Tom Wheat explained that Preliminary Tentative Site Condominium approval (step 1) is the general layout of the development, roads, lot size, etc. He stressed that if anything changed from the first submittal, it would be the sole responsibility of the developer to comply with the changes. Additionally, he noted that inspections performed on behalf of the Township do not imply approval. He estimated the costs for inspections at $7,500, requiring a cash deposit of $15,000.

Motion by Bosch, seconded by Hoogendyk, motion carried, to grant a variance for Texas Heights #8, allowing the developer to proceed with construction of sanitary sewer prior to Final Preliminary Site Condominium approval conditioned upon deposit of a cash bond of 200% of estimated inspection and associated expenses, and submittal of signed statement from the

developer with the wording as provided on page 2, paragraph one, of Attorney Thomsen’s memo dated March 14, 2008.

ADJOURNMENT

The adjourned at approximately 8:20 a.m.

Submitted: Approved: March 24, 2208 as written

Linda M. Kerr, CMC, MPA

Attested: Supervisor Ronald E. Commissaris