HomeMy WebLinkAboutResolutions - 2001.09.20 - 26636REPORT (141SC. #0121 5) September 20, 2001
BY: General Government Committee, William Patterson, Chairperson
IN RE: MR #01215 - BOARD OF COMMISSIONERS - SUPPORT OF OPEN
SPACE PRESERVATION LEGISLATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-
titled resolution on September 10, 2001, recommends that the
resolution be adopted with the second and third WHEREAS paragraphs
deleted and the NOW THEREFORE BE IT RESOLVED paragraph amended as
follows:
NOW THEREFORE BE IT RESOLVED THAT the Oakland
County Board of Commissioners does hereby support thc
adoption of HOU3C Dill 1995, 5028 and 5025 THE CONCEPT
OF OPEN SPACE PRESERVATION, WHILE MAINTAINING LOCAL
CONTROL OVER PLANNING AND DENSITY.
Chairperson, on behalf of the General Government Committee, I
move acceptance of the foregoing report.
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GENERAL GO R
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ENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with and Webster and Friedman
Appel absent.
September 20, 2001
REPORT MR #01215
BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
RE: BOARD OF COMMISSIONERS — SUPPORT OF OPEN SPACE PRESERVATION
LEGISLATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced resolution on
September 11, 2001, recommends the resolution be adopted
The Planning and Building Committee further Reports its concurrence with suggested
amendments made by the General Government Committee as per their Report of September 10, 2001.
Chairperson, on behalf of the Planning & Building Committee, I move the acceptance of the
foregoing report.
PLANNING & BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote with Brian and Gregory absent
William R.- Patferson
Commissioner, District #1
/ William Brian
Commissioner, Districr#5 / Commissioner, District #10
Frarlk H. Millard, Jr.
Corfimissioner, District #4
F-ran Amos
Miscellaneous Resolution -#01215
BY: Commissioner Shelley Goodman Taub, District #12, William R. Patterson, District #1,
Frank H. Millard, Jr., District #4, Fran Amos, District #5, William Brian, District #10
RE: Board of Commissioners - Support of Open Space Preservation Legislation
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County recognizes the importance of balancing development
with the preservation of greenspace; and
WHEREAS, State Representative Ruth Johnson has introduced House Bill 4995 to
amend Public Act 184 of 1943, entitled the "Township Zoning Act" requiring communities to
offer to developers an option to "cluster" residential development in 50% of the developable
land area, leaving the remainder of the property available for use as a natural area or play
area; and
WHEREAS, the companion legislation for this proposal are House Bills 5028 which
applies to Counties and House Bill 5029 which applies to Cities and Villages.
NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of
Commissioners does hereby support the adoption of House Bills 4995, 5028 and 5029.
BE IT FURTHER RESOLVED THAT copies of this resolution be sent to the Michigan
Association of Counties and to all legislators representing Oakland County and to the
County's legislative lobbyists.
Chairperson, we move the adoption of the foregoing Resolution.
Shelley GootIrrlith Taub
Commissionistrict #12
11SLATIVE
VICE
1 UltEAU
Since 1941
Legal Division
Carol Cousineau, Director
ID=517 373 8674 P62/26 02 -G7 -01 12:61 DISTRICT 46 MI HOUSE OF REPS
MEMORANDUM
Date: September 7, 2001
To: The Honorable Ruth Johnson, State Representative
From: Thomas M. Valli, Legal Counsel
Re: House Bill No. 4995 (H-1), draft 3 — open space preservation
The draft substitute you requested is enclosed.
In response to your inquiry, the bill will riot overriae the requirements of the land division act,
1967 PA 288, MCL 560.105(g) and 560.109a (attached) and department of environmental
quality rules respecting the suitability of lots or parcels for development served by septic
systems. These requirements will apply independently, just as they currently do for land that
is not developed under open space preservation provisions. In addition, section 16h(1)(c) has
been reworded to eliminate the possible but unintended implication that, under some
circumstances, use of the open space option could legally obligate a local unit to extend a
public sewer system. •
Please contact me if you have any questions or comments.
TMV:jmc
Enclosures
111sb917_11troll \rags \legal \trav101.0204
tvliohigan Legislature
124 W. Allegan Street, 3" Floor • P.O. Box 30036 • Lansing, MI 48909-7536 • (517) 373-9425 • Fax; (517) 373-5642
09-07 -01 1261 DISTRICT 46 MI HOUSE OF REPS ID=517 373 8674
MCI, Current Collection
P03/20
Page 1 09/06/01 13:15
MCL 560.105
LAND DIVISION ACT (Act 288 of 1967)
560.105 Preliminary or final plat; approval; conditions.
Sec. 105. Approval of a preliminary plat, Cr final plat shall be
conditioned upon compliance with all of the following:
(a) The provisions of this act.
(b) Any ordinance or published rules of a municipality or county adopted
to carry out the provisions of this act.
(c) Any published rules of a county drain commissioner, county road
commission, or county plat board adopted to carry out the provisions of
this act.
(d) The rules of the state transportation department relating to
provisions for the safety of entrance upon and departure from the abutting
state trunk line highways or connecting streets and relating to the
provisions of drainage as required by the department's then currently
published standards and specifications.
(e) The rules of the department of consumer and industry services for
the approval of plats, including forms, certificates of approval, and
other required certificates, captioning of plats, and numbering of lots.
(f) The rules of the department of environmental quality for the
determination and establishment of floodplain areas of rivers, streams,
creeks, or lakes, as provided in this act, as published In the state
administrative code.
(g) The rules of the department of environmental quality relating to
suitability of groundwater for on-site water supply for subdivisions not
served by public water or to suitability of soils for subdivisions not
served by public sewers. The department of environmental quality may
authorize a city, county, or district health department to carry out the
provisions of this act and rules promulgated under this act relating to
suitability of groundwater for subdivisions not served by public water or
relating to suitability of soils for subdivisions not served by public
sewers. The department of environmental quality may require percolation
tests and boring tests to determine suitability of soils. When such tests
are required, they shall be conducted under the supervision of a
registered engineer, registered land surveyor, or registered sanitarian in
accordance with uniform procedures established by the department of
environmental quality.
History; 1967, Act 288, Eff. aan. 1, 1968;--Am. 1996, At 591, Eff.
Mar. 31, 19971-2m. 1997, Act 87, Imd. Eff. duly 28, 1997.
Administrative rules: R 560.101 et seq. of the Michigan Administrative
Code.
09-67 -01 1202 DISTRICT 46 MI HOUSE OF REPS 1D=517 373 8574
09/06/01 1315
MCL 560.109a
PO4/20
Page 2 MU, Current Collection
LAND DIVISION ACT (Act 288 of 1967)
560,109a Parcel leas than I. acre.
Sec. 109a. (1) If a parcel resulting from a division is lese than 1 acre
in size, a building permit shall not be issued for the parcel unless the
parcel has all of the following:
(a) Public water or city, county, or district health department approval
for the suitability of an on-site water supply under the same standards as
set forth for lots under rules described in section 105(g).
(b) Public sewer or city, county, or district health department approval
for on-site sewage disposal under the health department standards as set
forth for lots under rules described in section 105(g).
(2) The municipality or county approving a proposed division resulting
in a parcel less than 1 acre in size and its officers and employees are
not liable if a building permit is not issued for the parcel for the
reasons sat forth in this section. A notice of approval of a proposed
division resulting in a parcel of less than 1 acre in size shall include a
statement to this effect.
(3) A city, county, or district health department may adopt by
regulation a fee for services provided under this section. The fees shall
not exceed the reasonable costs of providing the services for which the
fees are charged.
History: Add. 1997, Act 87, Imd. Eff, Zuly 28, 1997.
#7
HOUSE BILL NO. 4995 #13
•••• #61
#45
#48
1D=517 373 8574 PG5/20 G9-7-G1 12:02 DISTRICT 46 MI SOUSE OF REPS
DRAFT 3 . #11
SUBSTITUTE FOR '#12
A bill to amend 1943 PA 184, entitled
"Township zoning act," #50
by amending section 40 (MCL 125.310), as amended by 2000 PA 384, #52 .
and by adding section 16h. 053
THE PIMPLE 07 TEE STATE OP MICHIGAN man #54
1 SEC. 16H, (1) BEGINNING 6 MONTHS AFTER THE EFFECTIVE DATE #56
2 OF THE AMENDATORY ACT THAT ADDED THIS SECTION, EACH TOWNSHIP WITH 057
3 A ZONING ORDINANCE SHALL PROVIDE IN THE ZONING ORDINANCE THAT A #58
4 PROPRIETOR OF LAND ZONED FOR RESIDENTIAL DEVELOPMENT MAY DEVELOP #59
5 A PERCENTAGE OF THE DEVELOPABLE LAND AREA SPECIFIED IN THE ZONING #60
6 ORDINANCE, BUT NOT MORE THAN 50%, WITH THE SAME NUMBER OF DWELL- #61
7 ING UNITS THAT COULD OTHERWISE BE DEVELOPED ON THE ENTIRE DEVEL- #62
8 °FABLE LAND AREA IF ALL OF THE FOLLOWING APPLY: #(62)
DIV #5 H04110/01 (H-1) Draft 3
09-07 -01 12:03 DISTRICT 46 MI HOUSE OF REPS ID=517 373 8574 P06/20 •
House Bill Ho, 4995 2 #34 ;
1 90 THE LAND IS ZONED AT A DENSITY EQUIVALENT TO 2 OR FEWER •064
2 DWELLING UNITS PER ACRE, OR, IF THE LAND IS SERVED BY A PUBLIC #65
3 SEWER SYSTEM, 3 OR FEWER DWELLING UNITS PER ACRE. #66
4 /B) THE PROPRIETOR ENSURES THAT A PERCENTAGE OF THE LAND #67
5 AREA SPECIFIED IN THE ZONING ORDINANCE, BUT NOT LESS THAN 50%, #68
6 WILL REMAIN PERPETUALLY IN AN UNDEVELOPED STATE BY MEANS OF A 069
7 CONSERVATION EASEMENT, PLAT DEDICATION, RESTRICTIVE COVENANT, OR 070
S OTHER LEGAL MEANS THAT RUNS WITH THE LAND. 0(70)
9 /C) THE DEVELOPMENT WILL NOT DEPEND UPON THE EXTENSION OF A #71
10 PUBLIC SEWER OR PUBLIC WATER SUPPLY SYSTEM, UNLESS DEVELOPMENT OF #72,73
11 THE LAND WITHOUT THE EXERCISE OF THE OPTION PROVIDED BY THIS SUB- #74
12 SECTION WOULD ALSO DEPEND UPON SUCH AN EXTENSION. #(74)
13 /2)- A PROPRIETOR'S EXERCISE OF THE OPTION PROVIDED PURSUANT #75
14 TO SUBSECTION (1) DOES NOT REQUIRE A REZONING OF THE LAND. 076 -
15 /3) SECTION 12 DOES NOT APPLY TO A ZONING ORDINANCE AMEND- #77
16 NUT ADOPTED TO COMPLY WITH SUBSECTION (1). #78
17 S4) THE ZONING ORDINANCE PROVISIONS REQUIRED BY #79
18 SUBSECTION (1) SHALL BE KNOWN AND MAY BE CITED AS THE "OPEN SPACE #80
19 PRESERVATION" PROVISIONS OF THE ZONING ORDINANCE. #81
20 Sec. 40. (1) As used in this act:
21 la) "Agricultural land" means substantially undeveloped land 085
22 devoted to the production of plants and animals useful to humans, #66
23 including forage and sod crops; grains, feed crops, and field 087
24 crops; -4444154-404,- dairy products; poultry and poultry products; #86
25 livestock, including breeding and grazing of cattle, swine, and #89
26 similar animals; berries; herbs; flowers; seeds; grasses; nursery #90
083
H04110'01 (H-1) Draft 3 #6
1:614 DISTRICT 46 MI HOUSE OF REPS ID=517 373 8574 PG7/20
House Bill No, 4995 3 #34
1 stock; fruits; vegetables; Christmas trees; and other similar '#91
.2 uses and activities. #(91)
3 lb) "Airport" Means an airport licensed by the Michigan #92
4 department of transportation, bureau of aeronautics under.section #93
5 86 of the aeronautics code of the state of Michigan, 1945 PA 327, 094
6 MCL 259.86. #(94)
7 Ic) "Airport approach plan" means a plan, or an amendment to 095
8 a plan, adopted under section 12 of the airport zoning act, 1950 #96,97
9 (Ex Bess) PA 23, MCL 259.442, and filed with the township zoning 098
10 board under section 151 of the aeronautics code of the state of 099
11 Michigan, 1945 PA 327, MCL 259.151.- #(99)
12- Id) "Airport layout plan" means a plan, or an amendment to a #100
13 plan, that shows current or proposed layout of an airport, that #101
14 is approved by the Michigan aeronautics commission, and that is #102
15 filed with the township zoning board under section 151 of the #103
16 aeronautics code of the state of Michigan, 1945 PA 327, #104
17 MCL 259.151. #105
18 ie) "Airport manager" means that term as defined in section 0106
19 10 of the aeronautics code of the state of Michigan, 1945 PA 327, 0107
20 MCL 259.10. 0(107)
21 if) "Airport zoning regulations" Means airport zoning regu- #108
22 lations under the airport zoning act, 3.950 (Ex Sass) PA 23, #109
23 MCL 259.431 to 259.465, for an airport hazard area that lies in #110
24 whole or part in the area affected by a zoning ordinance under 0111
25 this act. 0(111)
26 IG) "CONDOMINIUM UN/T" MEANS THAT TERM AS DEFINED IN SECTION 0112,113
27 4 OF THE CONDOMINIUM ACT, 1978 PA 59, MCL 559.104. #(113)
H04110 ,01 (H-1) Draft 3 #6
16 IN)
27 1.959 PA 78, MCL 559.106.
H04110'01 (11-1) Draft 3
#(137)
06
199-87 -81 12:04 DISTRICT 46 MI HOUSE OF REFS ID=517 373 8574 POS/.20
House Bill No. 4995 4
1 SH) "CONSERVATION EASEMENT" MEANS THAT TERM AS DEFINED IN
2 SECTION 2140 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTEC-
3 TION ACT, 2.994 PA 451, MCL 324.2140.
4 /I) "DEVELOPABLE LAND AREA" MEANS THE MAXIMUM COMBINED AREA
5 THAT COULD LAWFULLY BE DEVELOPED ON THE LAND,
6 1.7) -4*- "Development rights" means the rights to develop
7 land to the maximum intensity of development authorized by law.
SK) -414- "Development rights ordinance" means an ordinance,
9 which may comprise part of a zoning ordinance, adopted under
10 section 31.
11 /11 -44- "Intensity of development" means the height, bulk,
12 area, density, setback, use, and other similar characteristics of
13 development.
14 SM) "LOT" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE
15 LAND DIVISION ACT, 1967 PA 288, MCL 560.102.
#34
#114
#115
#(115)
#116
#117,118
#119
0120
0121
*122
#(122)
0123
0124
f(124)
0125
*126
"Other eligible land" means land that has a common 0127
17 property line with agricultural land from which development #128
18 rights have been purchased and that is not divided from that 0129
19 agricultural land by a state or federal limited access highway. 0130
20 10) "PARCEL" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE 0131
#132
22 IF) "PDR program" means a program under section 32 for #133
23 the purchase of development rights by a township. 0134
24 /Q) "PROPRIETOR" MEANS A PROPRIETOR AS DEFINED IN SECTION 2 0135
25 OF THE LAND DIVISION ACT, 1967 PA 288, MCL 560.102, OR A DEVEL- 0136
26 OPER AS THAT TERM IS DEFINED IN SECTION 6 OF THE CONDOMINIUM ACT, #137
21 LAND DIVISION ACT, 1967 PA 288, MCL 560.102.
ID=5I7 373 8574 P59/20 05 -07 -01 1255 DISTRICT 45 MI HOUSE OF REPS
House Bill No. 4995 5
1 /R) "SITE CONDOMINIUM" MEANS CONDOMINIUM UNIT CONSISTING OF '
2 A SINGLE FAMILY RESIDENCE, INCLUDING THE STRUCTURE, AND SURROUND-
3 ING LAND.
4 (S) "UNDEVELOPED STATE" MEANS A NATURAL STATE PRESERVING
5 NATURAL RESOURCES, NATURAL FEATURES, OR SCENIC CONDITIONS, OR IN
6 AN AGRICULTURAL, OPEN SPACE, WOODED, OR SIMILAR USE OR
7 CONDITION, LAND IN AN UNDEVELOPED STATE DOES NOT INCLUDE A GOLF
8 COURSE BUT MAY INCLUDE A RECREATIONAL TRAIL, PICNIC AREA, OR
9 CHILDREN'S PLAY AREA.
10 /2) This act shall be known and may be cited as the
11 "township zoning act".
#34
0138
0139,140
#(140)
#141
#142
#143
0144
0145
0(145)
0146
0(145)
Final page. TMV 07 H04110'01 (H-1) Draft 3
Resolution #01215 August 16, 2001
The Chairperson referred the resolution to the General Government and
Planning and Building Committees. There were no objections.
; 114
Resolution #01215 September 20, 2001
Moved by Patterson supported by Crawford the General Government and
Planning and Building Committee Reports be accepted.
A sufficient majority having voted therefore, the reports were accepted.
Moved by Patterson supported by Coleman the resolution be adopted.
Moved by Patterson supported by Palmer the resolution be amended to
coincide with the recommendations in the General Government and Planning and
Building Committee Reports.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution, as amended:
AYES: McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer,
Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-
Mitchell, Coleman, Crawford, Douglas, Galloway, Garfield, Gregory, Law. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended,
was adopted.
Ath„
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on September 20, 2001 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 20th day jot September, 2001.
G! William Caddell, County Clerk