FRUITPORT CHARTER TOWNSHIP
NOTICE OF POSTING OF ADOPTED ORDINANCE
PLEASE TAKE NOTICE that at a meeting of the Fruitport Charter Township Board held on December 9, 2019 the Board had a second reading of and adopted the Charge in Lieu of Assessment Ordinance.
The Ordinance (No. 814) will create a charge in lieu of a special assessment for property that has been divided after the assessment is in place within Fruitport Township. This Ordinance shall be effective December 18, 2019.
The complete text of Ordinance 814 is available for public inspection in the office of the Clerk, 5865 Airline Road, Fruitport, MI during the hours of 8:30 A.M. and 4:30 P.M., Monday-Friday and on the Township website at www.fruitporttownship-mi.gov.
ORDINANCE NO. 814
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.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on December 9, 2019, after introduction and a first reading on November 25, 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.