Wednesday, November 27, 2019
CHARTER TOWNSHIP OF FRUITPORT
NOTICE OF POSTING PROPOSED ORDINANCE
PLEASE TAKE NOTICE that two Fruitport Charter Township ordinances, specifically the (1) Truck Route Ordinance and the (2) Charge in Lieu of Assessment Ordinance, had first readings at a meeting of the Fruitport Charter Township Board held on November 25, 2019.
The Ordinances will accomplish the following purposes: (1) will prohibit heavy truck traffic on specified roads and (2) will create a charge in lieu of a special assessment for a property that has been divided after the assessment is in place within Fruitport Township.
PLEASE TAKE FURTHER NOTICE that the Ordinances have been posted in the office of the Fruitport Charter Township Clerk, 5865 Airline Road, Fruitport, Michigan (phone 231-865-3151), and on the Township’s website at www.fruitporttownship-mi.gov.
TRUCK ROUTE ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, BY ADDING ARTICLE V TO CHAPTER 30, TO ADD REGULATIONS CONCERNING TRUCK ROUTES; AND BY PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN ORDAINS:
Section 1. Chapter 30, Article V. Article V, Chapter 30, of the Fruitport Charter Township Code of Ordinances entitled “Truck Route,” is restated and shall read in its entirety as follows.
Sec. 30-105. Short title.
This article shall be known and may be cited and referred to as the “Fruitport Charter Township Truck Route Ordinance.”
Sec. 30-106. Definitions.
The following words and phrases, when used in this article, shall have the following definitions.
(a) “Implement of husbandry” means every vehicle which is designed for agricultural purpose and exclusively used in the conduct of agricultural operations.
(b) “Road” means any public street, highway, or route within the township.
(c) “Semi-trailer” means every vehicle designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and of its load rests upon or is carried by the motor vehicle drawing it.
(d) “Trailer” means every vehicle designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the motor vehicle drawing it.
(e) “Truck” means every motor vehicle which is designed and used primarily for the transportation of property, except a pick-up truck, or a van designed to carry loads of no more than one ton.
(f) “Truck-tractor” means every motor vehicle designed and used primarily for drawing a semi-trailer or a trailer.
Sec. 30-107. Rule of construction.
Any word or term not defined in this article shall be considered to be defined in accordance with its common or standard definition Sec. 30-108. Prohibited truck routes.
No person may operate a truck, truck tractor, truck tractor and semi-trailer combination, or truck tractor and trailer combination, on a prohibited truck route. For purposes of this article, a prohibited truck route includes the following: Ellis Road, from Airline Road to Brooks Road; Stringer Road, from Sternberg Road to Farr Road; Kendra Road, from Farr Road to Sheridan Road; and Cooley Road, from Sternberg Road to Cline Road.
Sec. 30-109. Permission for travel on other than prohibited truck routes.
Except for prohibited truck routes identified in section 30-108, a person may operate a truck, truck tractor, truck tractor and semi-trailer combination, or truck tractor and trailer combination on roads within the township.
Sec. 30-110. Exceptions.
The prohibited truck route limitations prescribed in this article shall not apply to:
(a) Fire trucks or other emergency vehicles or vehicle on emergency business involved in the saving of life or property;
(b) Implements of husbandry incidentally moved upon a prohibited truck route;
(c) Repair, construction, or maintenance vehicles while involved in the repair, construction, or maintenance of roads within the township;
(d) Garbage service vehicles while involved in the provision of services to residents of the township.
Sec. 30-111. Deliveries and service calls.
A vehicle which would otherwise be restricted from using prohibited truck routes is excused from that restriction, for the shortest distance possible, when travel on a prohibited truck route is essential to reach the required destination to make a delivery or a service call, and to then leave the required destination.
Sec. 30-112. Leaving or returning to home or place of business.
Nothing in this article shall prevent a truck, truck tractor, truck tractor and semi-trailer combination, or truck tractor and trailer combination from leaving or returning to its customary storage location at the owner or operator’s personal residence, or at a commercial or industrial location in the township, provided any prohibited truck route is avoided or used no more than is essential to reach and to leave the customary storage location. Thus, no prohibited truck route may be used in any event if an alternate route is available.
Sec. 30-113. Special permits.
The township supervisor shall have authority to grant a written permit in special cases which would otherwise be in violation of the provisions of this article. Such a permit shall not be given for a longer period than ten days from the date of issue. The permit shall describe the vehicle, the time and dates of travel, and the route to be taken by the vehicle.
Sec. 30-114. Signs.
The township board shall procure and have posted appropriate signs along any prohibited truck routes as required by the laws of the State of Michigan.
Sec. 30-115. Penalties.
Any person who violates any provision of this article shall be responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in Section 2-183, in accord with Section 726 (5) of Act 300 of 1949, as amended, MCL 257.726 (5).
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on __________________, 20___, after introduction and first reading on ____________________, 20___, and publication after the first reading as required by Act 359 of the Michigan Public Acts of 1947, as amended. This Ordinance shall be effective on ___________________, 20___.
CHARGE IN LIEU OF ASSESSMENT ORDINANCE
An Ordinance to amend the Code of Ordinances, Charter Township of Fruitport, Muskegon County, Michigan, to provide for the payment of a charge in lieu of assessment in the event of the division of a parcel of land that has been previously assessed for improvements.
THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, AND STATE OF MICHIGAN, ORDAINS:
Section 1. Charge in Lieu of Assessment. Chapter 15 of the Fruitport Charter Township Code of Ordinances shall be added in its entirety as follows.
Sec. 15-1. Charge in lieu of assessment. A charge in lieu of assessment is levied and imposed against every parcel of land created by a division of a parcel of land that was initially included as one parcel in the assessment roll for a special assessment district. A division shall be deemed to occur at each time a new parcel is created through a deed, land contract, or any other form of conveyance or transfer.
Sec. 15-2. Payment of charge in lieu of assessment. Payment of the charge in lieu of assessment shall be made in cash in full at the time that the owner or other party in interest in the new parcel requests a building permit to construct on the new parcel a dwelling or any other type of building or structure which requires a zoning or building permit from the township, unless an alternative arrangement for payment is agreed upon between the township and the owner or other party in interest.
Sec. 15-3. Amount of charge in lieu of assessment. The amount of the charge in lieu of assessment shall be calculated by first determining the date on which the first installment on the special assessment roll for the special assessment district in question is due and payable. Utilizing that date, and the amount of the original assessment, the charge in lieu of assessment shall then be determined as follows: 100 percent of the original assessment is to be paid as a charge in lieu of assessment if the date of the division is on or before the halfway point for the payment of the special assessment installments; and 50 percent of the original assessment is to be paid as a charge in lieu of assessment if the date of the division is after the halfway point for the payment of the special assessment installments.
As an example to illustrate the operation of the preceding paragraph, if the first installment on a special assessment is due December 1, 2020, and there are a total of six installments due through December 1, 2025, and if the division occurs on or before June 1, 2023, 100 percent of the original assessment is payable as the charge in lieu of assessment. But if the division occurs on or after June 2, 2023, even after the installments have all been paid as long as the improvement is still in existence and providing value to the property in question, 50 percent of the original assessment is payable as the charge in lieu of assessment.
Sec. 15-4. Zoning administrator action. The person serving from time to time as the township zoning administrator or equivalent position is instructed that no zoning or building permit is to be issued by the township with respect to the construction or erection of any dwelling or any other type of building or structure which requires a zoning or building permit from the township on a new parcel of land created by any division subject to the terms of this chapter until full payment has been made of the charge in lieu of assessment provided in this chapter.
. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on ________________, 2019, after introduction and a first reading on ________________, 2019, and publication after the first reading as required by Michigan law. This Ordinance shall take effect the day after publication of a Notice of Adoption.
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