[Ord. No. 2001-15, 11-8-2001; Ord. No. 2007-15, 12-16-2007]
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The overnight lodging or sleeping of a person or persons
on the ground or in any manner or in a sleeping bag, tent, trailer-tent,
trailer coach, vehicle camper, motor vehicle, or in any other conveyance
erected, parked, or placed within any land preservation property.
An interest in land or property that limits the use of land
or a body of water or requires or prohibits certain acts on or with
respect to the land or body of water stated in the form of a legal
instrument executed by or on behalf of the owner of the land or body
of water which interest is in furtherance of the retention and maintenance
of the land or body of water, including improvements on the land or
body of water, predominately in its natural, scenic, or open condition,
or in an agricultural, farming, open space, or forest use or similar
use or condition.
Review of land and its natural features during the application
process as outlined in the rules of procedure.
Land, including its natural features, eligible to be acquired
under this article as outlined in the rules of procedure adopted by
the advisory board for the purchase of property or interests in property
with funds as authorized pursuant to this article.
The process used to determine the possible presence of petroleum
products or other hazardous substances on a parcel of land per the
American Society of Testing and Materials (ASTM).
The United States or any agency thereof, the state or any
agency thereof, any county, Township, city or municipal corporation.
The board overseeing the land preservation program.
Any property acquired through the land preservation program
currently owned by the Township and delineated as a land preservation
property.
The criteria to be used as guidance to evaluate properties
for consideration to be purchased by the Township pursuant to this
article. The land screening criteria are outlined in the advisory
board rules of procedure.
The review of property or interests in property acquired
under this article to ensure the integrity of the purposes of such
acquisition under the land preservation program. Monitoring includes
compliance with agreement and status of stewardship objectives as
provided to staff by the advisory board. Monitoring does not include
the maintenance or enhancement of property interests.
Characteristics or conditions on land including, but not
limited to, open spaces, woodlands, wetlands, lakes, streams, floodplains,
wildlife habitat, and other sensitive environmental areas.
Land currently undeveloped or unimproved or substantially
undeveloped or unimproved, regardless of size and ownership.
Permitting a vehicle to remain standing, whether occupied
or not, when not loading or unloading.
Any off-street area, whether paved or not, which is designated
for public parking.
Contiguous property, properties, or portions of property
under the same ownership that is included in an application.
Fee simple ownership or any lesser interest in property.
The careful and perpetual management, maintenance, and habitat
improvement efforts, on behalf of the citizens, for land acquired
through the land preservation program and in a manner pursuant to
this article.
Any device, motorized or otherwise propelled, which is designed
for or used to carry a person(s) or thing(s) along the ground or in
the air from one place to another.
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Cross reference: Definitions generally, § 1-2.
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[Ord. No. 2001-15, 11-8-2001]
The Township hereby establishes a land preservation program
for the purpose of obtaining lands or interests in lands in the Township
for the protection and preservation of open space and special natural
features throughout the Township. The program's policies and
rules are adopted in this article.
[Ord. No. 2001-15, 11-8-2001]
This article is adopted for the following purposes:
(1)Â
To protect, preserve and enhance the Township's open space and
special natural features.
(2)Â
To serve additional public purposes through the purchase of property
or interests in property for open space, enhancement of the natural
habitat and water quality, and the establishment of a reserve fund
to ensure that funding is available for the perpetual stewardship
of these lands.
(3)Â
To leave an important natural legacy for future generations.
(4)Â
To take deliberate steps to ensure the continuation of a pleasant
and livable community that will benefit our residents, visitors, and
the local economy by employing a variety of techniques that will allow
areas of natural landscape to remain in perpetuity throughout the
Township.
[Ord. No. 2001-15, 11-8-2001]
The following provisions are authorizations given to the Township
under the land preservation program:
(1)Â
The Township Board is authorized to expend land preservation millage
tax revenues to acquire property or interests in property as recommended
by the advisory board for achieving goals set forth in this article.
(2)Â
Any property interest obtained under this article may either be through
fee simple ownership or the purchase of conservation easements or
any lesser interest, covenants, or other rights. An acquisition by
the Township under this article may be accomplished by purchase, gift,
grant, bequest, devise, covenant, contract, or otherwise in accordance
with state law.
(3)Â
The collected land preservation millage tax revenues may be used
to acquire such property interests upon the recommendation of the
advisory board.
(4)Â
The Township is authorized to enter into cash purchase, installment
purchase contracts, or tax exempt installment purchase agreements
as consistent with applicable law. When installment purchases are
made, the Township is authorized to pay interest on the declining
unpaid principal balance at a legal rate of interest consistent with
prevailing market conditions at the time of execution of the installment
contract or such lesser amount as may be negotiated, and adjusted
for the tax-exempt status of such interest.
(5)Â
The Township, for the benefit of its citizens, shall hold property
interest acquired pursuant to this article in trust in perpetuity,
except under the following conditions:
a.Â
Exchange of property. The Township Board, upon the recommendation
of the advisory board and by a two-thirds majority vote of the Township
Board membership, may determine that a property interest acquired
under this article should be exchanged for other eligible lands within
the Township as outlined in the advisory board rules of procedure.
Property to be obtained by the Township through the exchange
shall be approved in the same manner as acquisition of properties
as provided for in this article.
b.Â
Sale of property interests. Land enrolled in the land preservation
program may be sold in accordance with the following guidelines:
1.Â
The Township Board, upon the recommendation of the advisory board and by a two-thirds majority vote of the Township Board membership, may submit to the voters of the Township a proposition to approve of the disposition of a property interest acquired pursuant to this article if such property interest no longer serves the purpose of the land preservation program as outlined in § 22-58. Only upon a 75% vote of the duly registered electors voting in such election approving such disposition can the Township dispose of a property interest. Proceeds of the disposition shall only be used for the acquisition of property interests pursuant to this article.
2.Â
Notwithstanding subsection (5)b.1 of this section where the Township
acquires property, a portion of which is improved or otherwise inconsistent
with the purposes of the land preservation program, this article authorizes
the sale of that portion of the property in accordance with state
law. Any sale of property under these conditions requires a two-thirds
majority vote of the Township Board membership.
(6)Â
Where the Township acquires a property interest that is improved,
this article authorizes removal or destruction of the improvement
if consistent with the purpose of this article.
(7)Â
The Township Board shall budget sufficient funds from the general
fund on an annual basis for monitoring of all property interests acquired
under this article. Monitoring shall be carried out by Township staff
under the direction of the Township Manager. The general fund shall
cover any staffing obligations for monitoring not otherwise specified
in this article.
[Ord. No. 2001-15, 11-8-2001]
(a)Â
It is the intent of this article that should the advisory board be
dissolved, the park commission shall be responsible for the continued
oversight of the land preservation program and its remaining funds.
(b)Â
If the land preservation program is dissolved, all monies remaining
within any account holding land preservation millage funds, or any
interest derived from such funds, shall be deposited in an account
for the sole purpose of fulfilling the intent of the original land
preservation millage. Appropriate expenditures of such funds after
dissolution of the land preservation program include contract responsibilities,
continued acquisition, improvement of natural habitat, and the perpetual
stewardship responsibilities of land previously enrolled in the land
preservation program.
[Ord. No. 2001-15, 11-8-2001]
(a)Â
Application form. A property owner, or his designee, interested in
submitting his property for consideration shall complete the land
preservation application form. Application forms shall be obtained
from, and completed applications shall be submitted to, the office
of the Township Clerk.
(b)Â
Receipt and review. Applications may be received at any time and
will be reviewed on a quarterly basis. At the end of each quarter,
the clerk shall forward all completed applications or copies thereof
to the advisory board. The advisory board shall perform an initial
review of the applications to determine whether the property involved
meets the initial criteria outlined in the land preservation advisory
board rules of procedure. The initial review shall take place within
60 days of the end of the quarter. The advisory board shall cause
an ecological review of each property to be performed for those applications
meeting the initial criteria.
(c)Â
Evaluation and recommendation. After an ecological review is performed,
the results of the review shall be reported to the advisory board.
The advisory board shall then perform a final evaluation of the properties
consistent with the land screening criteria outlined in the land preservation
advisory board rules of procedure, and make a determination as to
the property interest which should be recommended to the Township
for acquisition.
(d)Â
Approval of Planning Commission. A list of the property interests
recommended by the advisory board for acquisition shall be forwarded
to the Planning Commission for approval of revisions to the Township's
comprehensive development plan as required in MCL § 125.39.
If the Planning Commission does not approve, the advisory board may
seek approval of the Township Board as outlined in MCL § 125.39.
(e)Â
Appraisals, etc.; negotiations. Upon the approval of the Planning
Commission, or if necessary the Township Board, the advisory board
may order appraisals, title work, and surveys for the property interest
recommended for acquisition and may undertake negotiations with the
property owner to arrive at an agreed upon compensation consistent
with the rules of procedure. No appraisal shall be required by the
advisory board for donated property.
(f)Â
Final action. After negotiations have been completed with all recommended
property interests, the Township Board shall review recommendations
submitted by the advisory board and shall take the final action by
majority vote on whether to purchase a property interest or accept
a donated parcel at a regularly scheduled or special meeting.
(g)Â
Necessary actions to acquire. The advisory board shall take all actions
necessary to acquire the property interest upon the approval of the
Township Board, and shall record all necessary documents with the
county register of deeds.
(h)Â
Environmental site assessment. An environmental site assessment shall
be authorized by the Township Manager and conducted on behalf of the
Township before completing the purchase or accepting the donation
of any property interest.
[Ord. No. 2001-15, 11-8-2001]
(a)Â
Seventy-five percent of the annual land preservation millage funds,
as passed November 7, 2000, shall be deposited upon receipt in a separate
account of the Township (hereafter referred to as the land preservation
acquisition fund). Money in the land preservation acquisition fund
may be temporarily deposited in such institutions or invested in such
obligations as may be lawful for the investment of Township money;
provided, that such deposit or investment does not render those funds
unavailable as may be necessary to carry out the purpose and intent
of this article.
(b)Â
The revenue from the millage and any interest received from the deposit
or investment of such revenue shall be applied and used solely for
the purposes set forth in this article.
(c)Â
The land preservation acquisition fund shall only be used for the
acquisition of property interests and the associated costs of acquisition.
(d)Â
The Township Treasurer shall provide the advisory board and the Township
Board a written account of funds available by April 1 of each year,
and at such other times as may be requested by the advisory board
or Township Board.
[Ord. No. 2001-15, 11-8-2001]
(a)Â
Twenty-five percent of the annual land preservation millage funds,
as passed November 7, 2000, shall be deposited upon receipt in a separate
account of the Township (hereafter referred to as the land preservation
reserve fund). Money in the land preservation reserve fund shall be
invested in such obligations as may be lawful for the investment of
Township money.
(b)Â
Interest, but not the principal, of the land preservation reserve
fund, shall be used for maintenance, habitat improvement and other
stewardship activities associated with property interests acquired
under this article.
(c)Â
The principal may be used after the life of a land preservation millage
for land acquisition or other extraordinary purposes related to the
purpose of the land preservation millage only by a two-thirds vote
of the land preservation advisory board membership and a two-thirds
vote of the Township Board membership.
(d)Â
The Township Treasurer shall provide the advisory board and the Township
Board a written account of funds available by April 1 of each year,
and at such other times as requested by the advisory board or Township
Board.
[Ord. No. 2001-15, 11-8-2001]
(a)Â
Funds from other governmental agencies or private sources may become
available to pay a portion of the cost of purchasing property interests.
The Township Board is hereby authorized to make application for and
utilize such funds in accordance with the applicable laws or governing
terms.
(b)Â
The advisory board will monitor opportunities to apply for such funds
and will submit grant applications to the appropriate granting agencies
to ensure that millage funds are supplemented to the greatest extent
possible.
[Ord. No. 2007-15, 12-16-2007]
The land preservation advisory board shall be the body responsible
for the interpretation of this article. A decision of the land preservation
advisory board concerning an interpretation of this article may be
appealed to the Township Board within 10 days of the date of the decision.
[Ord. No. 2007-15, 12-16-2007]
The land preservation advisory board may establish emergency
rules necessary to protect the health, welfare, and safety of land
preservation property visitors and to protect land preservation property.
Land preservation management personnel, pursuant to such emergency
rules, may order all persons off land preservation property, and close
all or any portion of a land preservation property.
[Ord. No. 2007-15, 12-16-2007]
Nothing contained in this article shall be construed as prohibiting
Township employees or agents from performing work on land preservation
property at a time and in a manner directed by the land preservation
advisory board or Township through its land management personnel.
