Community Updates

2018 Annual Water Quality Report

Wednesday, April 3, 2019

2018

ANNUAL WATER QUALITY REPORT

FOR

FRUITPORT CHARTER TOWNSHIP

WATER SYSTEM

 

This report covers drinking water quality of the Fruitport Charter Township Water System during the 2018 calendar year.  Included are source water details, what it contains, and how it compares to Environmental Protection Agency (EPA) and Michigan Department of Environmental Quality (DEQ) standards.

    In 2016, Fruitport Township purchased water from the City of Muskegon Heights and the City of Muskegon, which treats water from one of the highest quality surface water sources in the world, Lake Michigan.  The DEQ performed an assessment of the source water in 2003 to determine the susceptibility or the relative potential of contamination. The susceptibility rating is on a seven-tiered scale from “very-low” to “very-high” based primarily on geologic sensitivity, water chemistry, and contaminant sources. The source water susceptibility is categorized as moderately high.

       In 2018, Fruitport’s drinking water met all EPA and DEQ drinking water health standards.  Water quality and customer health is the primary concern of the Township’s Utility Department.  Some may be more vulnerable to contaminants in drinking water than others.  Immuno-compromised persons, such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections.  These people should seek advice about drinking water from their health care providers.  EPA/CDC guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the “Safe Drinking Water Hotline” (1-800-426-4791).

     All drinking water, including bottled drinking water, may reasonably be expected to contain at least small amounts of some contaminants.  It is important to remember that the presence of these contaminants does not necessarily pose a health risk.  It is just as important to understand that a contaminant, as defined in this report, includes natural elements and compounds as well as synthetic compounds manufactured every day.   Even distilled water is not “pure” water because most distilled water does have very small quantities of “contaminants”. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791).

    The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.  As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

 

 

 

Contaminants that may be present in source water include:

Microbial Contaminants – including viruses and bacteria, may come from sewage treatment plants, septic systems, agricultural operations, and wildlife.

Inorganic Contaminants – including salts and metals, are naturally-occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

Pesticides and Herbicides – can come from a variety of sources such as agriculture, urban storm water runoff, and residential uses.

Organic Chemical Contaminants – including synthetic and volatile organic chemicals, are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, and septic systems.

Radioactive Contaminants –are naturally-occurring or result from oil and gas production and mining activities.

 

To ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems.  Food and Drug Administration regulations establish limits for contaminants in bottled water which provide the same protection for public health.

Consumer Awareness of Lead

If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Township does not have lead pipes or service lines in the public water system. Fruitport Charter Township is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When water sits idle for several hours, the potential for lead exposure is reduced by flushing the tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested.  Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the safe Drinking Water Hotline at 1-800-426-4791 or at http://w.w.w.epa.gov/safewater/lead

     In ongoing efforts to maintain a safe and dependable water supply it may be necessary to make improvements to the water system.  The costs of these improvements will be reflected in the rate structure.  Rate adjustments may be necessary in order to address these improvements.  If you have any questions about this report or water utility, please contact the Utility Office, at 865-3158.  If you want to participate in decisions that affect drinking water, please attend any of the regularly scheduled Township Board meetings, held on the second and fourth Monday of each month at 7:00 p.m. in the Township Hall at 5865 Airline Road.

      In the table on the back page of this report you will find many terms and abbreviations you might not be familiar with.  To help you better understand these terms we’ve provided the following definitions:

 

Parts per million (ppm) or Milligrams per liter (mg/l) – one part per million corresponds to one minute in two years, or a single penny in $10,000.00

Parts per billion (ppb) or Micrograms per liter (μg/l) – one part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000.

Picocuries per liter (pCi/l) – picocuries per liter is a measure of the radioactivity in water.

Turbidity – A measure of the cloudiness of the water.  Monitoring turbidity indicates the effectiveness of the filtration system.

Nephelometric Turbidity Unit (NTU) - A measure of the clarity of the water.  Turbidity in excess of 5 NTU is just noticeable to the average person.

Action Level (AL) – The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

Treatment Technique (TT) – A required process intended to reduce the level of a contaminant in drinking water.

Maximum Contaminant Level Goal (MCLG) – The level of a contaminant in drinking water below which there is no known or expected risk to health.  MCLG’s allow for a margin of safety.

Maximum Contaminant Level (MCL) – The highest level of a contaminant that is allowed in drinking water. MCL’s are set as close to the MCLG as feasible using the best available treatment technology.

Not-Detected (ND) – Laboratory analysis indicates that the contaminant is not present.

Maximum Residual Disinfectant Level (MRDL) – The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Maximum Residual Disinfectant Level Goal (MRDLG) – The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLG’s do not reflect the benefits of the use of disinfectants to control microbial contaminants.

 

Cross Connections: Preventing the threat.

A cross connection is a dangerous piping arrangement which can allow unsafe water, sewage, chemical solutions or other dangerous liquids to enter the drinking water system.  Some suggestions to avoid a cross connection include keeping garden hoses off the ground and out of standing water and eliminating and preventing connection between the public water supply and private well systems. 

     All backflow prevention devices must be tested regularly according to DEQ Rules.  For customers that have backflow prevention devices, please contact the water office for the testing schedule for your device.

     For further information concerning cross connections and the prevention of cross connections, you may contact the Township’s Utility Department at: (231) 865-3158

 

 

 


 

 

TABLE OF DETECTED CONTAMINANTS

                                                                               2018 REGULATED MONITORING AT TREATMENT PLANT

 

SUBSTANCE

 

SAMPLE DATE

 

UNIT

 

RANGE OF

LEVELS

DETECTED

 

HIGHEST

LEVEL

DETECTED

HIGHEST LEVEL ALLOWED MCL OR TT

 

IDEAL LEVELS MCLG

 

VIOLATION

 

 

POSSIBLE SOURCES OF CONTAMINANT

Fluoride

2018

ppm

n/a

0.67

4.0

n/a

No

Added to promote strong teeth; Erosion

Turbidity *

2018

ntu

n/a

0.08

TT

n/a

No

Soil runoff / Lake Sediment

Total Organic Carbon**

2018

ppm

n/a

2.88

TT

n/a

No

Naturally present in the environment

34.1Barium

2018

ppm

n/a

0.02

2

n/a

No

Erosion of natural deposits

 

      *   Turbidity is a measure of the cloudiness of the water. We monitor turbidity because it is a good indicator of water quality

     **   The Total Organic Carbon (TOC) is measured quarterly. Because we remove 25% of the TOC from our source water, we are in compliance.

           

                                                                2018 REGULATED MONITORING IN THE DISTRIBUTION SYSTEM

 

 

SUBSTANCE

SAMPLE DATE

UNITS

RANGE OF LEVELS DETECTED

HIGHEST ANNUAL RUNNING AVERAGE

HIGHEST LEVEL ALLOWED MCL OR TT

IDEAL

LEVELS

MCLG

SAMPLES EXCEEDING

MCL

 

POSSIBLE SOURCES OF CONTAMINANT

Total Trihalomethanes

2018

ppb

31.6 – 63.5

49

80

n/a

NONE

By-product of drinking water chlorination

Halo acetic Acids (HAA5)

2018

ppb

22.3 – 32.3

30

60

n/a

NONE

By-product of drinking water chlorination

Chlorine Residual

2018

ppm

0.07 – 1.83

1.12

4

n/a

NONE

Drinking water chlorination

 

                                                                      2018 REGULATED MONITORING AT THE CUSTOMER’S TAP

 

 

SUBSTANCE

 

SAMPLE DATE

 

UNITS

RANGE OF LEVELS DETECTED

 

90TH PERCENTILE

ACTION

LEVEL

(AL)

IDEAL LEVELS MCLG

SAMPLES EXCEEDING (AL)

 

POSSIBLE SOURCES OF CONTAMINANT

Copper * & **

Jan-Jun 2016

ppb

44-160

150

1300

1300

0

Corrosion of household plumbing systems

Lead * & **

Jan-Jun 2016

ppb

0-4.3

1.9

15

0

0

Corrosion of household plumbing systems

Copper * & **

Jul-Dec 2016

ppb

26-84

72

1300

1300

0

Corrosion of household plumbing systems

Lead * & **

Jul-Dec 2016

ppb

0-4.2

1.5

15

0

0

Corrosion of household plumbing systems

 

                                                                  2018 UNREGULATED MONITORING

 

SUBSTANCE

 

SAMPLE DATE

 

 

UNITS

RANGE OF LEVELS DETECTED

HIGHEST LEVEL DETECTED

AVERAGE LEVEL DETECTED

IDEAL

LEVELS

MCLG

SAMPLES

EXCEEDING

MCL

 

POSSIBLE SOURCE OF CONTAMINANT

Sodium

2018

ppm

n/a

11

n/a

n/a

NONE

Erosion of natural deposits; Ice and snow removal

 

*         The MDEQ requires us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently.

           Some of our data, though representative, are more than one year old.

 

**       Results computed using the 90th percentile level. Monitoring period 09-30-14 to 12-31-16            

 

 

 

 


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Notice of Ordinance Adoption

Friday, December 13, 2019

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. 


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Notice of Public Hearing, January 13, 2020

Thursday, December 12, 2019

PROPOSED STREET SPECIAL ASSESSMENT ROLL

NOTICE OF PUBLIC HEARING

FRUITPORT CHARTER TOWNSHIP

TO: THE RESIDENTS AND PROPERTY OWNERS OF THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, AND ANY OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that the supervisor and assessing officer of the township has reported to the township board and filed in the office of the township clerk for public examination a special assessment roll prepared by her covering all properties within the Special Assessment District No. 2019-1 benefited by the proposed gravel upgrade project on Mt. Garfield Rd.  Said assessment roll has been prepared for the purpose of assessing a portion of the costs of the construction of the roads in question and work incidental thereto within the aforesaid special assessment district as more particularly shown on the engineering plans on file with the township clerk at 5865 Airline Rd, Fruitport, Michigan within the township, which assessment is in the total amount of $29,000.00.

PLEASE TAKE FURTHER NOTICE that the assessing officer has further reported that the assessment against each parcel of land within said district is such relative portion of the whole sum levied against all parcels of land in said district as the benefit to such parcels bears to the total benefit to all parcels of land in said district.  The parcels in the special assessment district are as follows:

61-15-027-200-0001-00; 61-15-027-200-0001-10; 61-15-027-200-0001-20; 61-15-027-200-0001-30; 61-15-027-200-0001-40; 61-15-027-200-0003-10; 61-15-027-200-0003-20; 61-15-027-100-0003-00; 61-15-027-100-0003-30; 61-15-027-100-0004-00; 61-15-027-100-0005-00

PLEASE TAKE FURTHER NOTICE that the township board will meet at the Fruitport Charter Township Hall, 5865 Airline Rd, Fruitport, Michigan on January 13, 2020 at 7:00pm for the purpose of reviewing said special assessment roll and hearing any objections thereto.  Said roll may be examined at the office of the township clerk during regular business hours of regular business days until the time of said hearing and may further be examined at said hearing.  Appearance and protest at the hearing held to confirm the special assessment roll is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal.

An owner or party in interest, or his or her agent, may appear in person at the hearing to protest the special assessment, or shall be permitted to file his/her appearance or protest by letter and his/her personal appearance shall not be required.  (The owner or any person having an interest in the real property who protests in person or in writing at the hearing may file a written appeal of the special assessment with the Michigan Tax Tribunal within 30 days after the confirmation of the special assessment roll.)

The Township will provide necessary and reasonable aids and services for this hearing to individuals with disabilities upon seven days prior notice to the Township Clerk.

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Planning Commission meeting cancelled

Thursday, December 12, 2019

The Planning Commission meeting for December 17, 2019 is cancelled for lack of agenda items.

Notice of 1st reading- ordinance

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.

Effective Date

.  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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Notice of Ordinance Adoption

Wednesday, November 27, 2019

The following ordinance was adopted at a regular meeting of the Fruitport Township Board on November 25, 2019:

 

ORDINANCE NO. 813

LAW ENFORCEMENT COST RECOVERY ORDINANCE

AN ORDINANCE TO AMEND THE FRUITPORT CHARTER TOWNSHIP CODE OF ORDINANCES BY ADDING CHAPTER 17, SPECIFICALLY  TO ALLOW, PURSUANT TO MICHIGAN PUBLIC ACT 33 OF 1951, AS AMENDED (MCL 41.801 ET. SEQ.) AND OTHER APPLICABLE PROVISIONS OF THE MICHIGAN STATUTES, THE TOWNSHIP TO RECOVER COSTS INCURRED BY THE TOWNSHIP IN CONNECTION WITH THE PROVISION OF CERTAIN POLICE SERVICES, AND TO PROVIDE FOR THE ENFORCEMENT OF THIS ORDINANCE AND CERTAIN ADMINISTRATIVE PROVISIONS.

THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, AND STATE OF MICHIGAN ORDAINS AS FOLLOWS.

Section 1.  Code Amendment.  Chapter 17 of the Fruitport Charter Township Code of Ordinances is added to state as follows. 

CHAPTER 17

LAW ENFORCEMENT COST RECOVERY

 

Sec. 17-1.   Purpose. 

The township finds residents of, visitors to, and businesses in the township historically have needed, caused, or contributed to the need for certain police or law enforcement services, which needs have the potential to negatively affect the health, environment, and welfare of township residents and real property located within the township.  In addition, the township has found that it has incurred costs associated with the provision of these police or law enforcement services.  As a result of these determinations, the township has adopted this chapter to recover costs incurred by the township in connection with the provision of these police or law enforcement services to the fullest extent permitted by law.

Sec. 17-2.   Definitions. 

For the purpose of their use in this chapter, unless their context specifically indicates otherwise, the following words and terms are defined as indicated.  Any word or term not defined below shall be considered to be defined in accordance with its common or standard definition.

(a)                Assessable costs:  The costs incurred by the township in connection with, or to allow the township to respond to, any public safety event to which the township’s police department is called or dispatched, including but not limited to the actual labor and material costs to the township (including without limitation employee wages; worker’s compensation benefits; fringe benefits; administrative overhead; costs of equipment; costs of equipment operation, including depreciation; costs of materials; costs of transportation; costs of material disposal; costs of any contracted labor; and any and all other costs), whether or not such services are provided by the township or by a third party independent contractor on behalf of the township; service charges or interest; attorneys’ fees; and litigation costs (including but not limited to filing fees, transcript fees, expert fees, and witness fees).

(b)               Law enforcement assistance means any police or law enforcement services deemed appropriate by township personnel to respond to any event or incident to which the township may respond.

(c)                Excessive requests for law enforcement assistance:  any request for law enforcement assistance (e.g. police or law enforcement services) made for a particular location (e.g. any dwelling, commercial or industrial or service business, or any other entity with one or more street addresses in the township) if that location has requested law enforcement assistance, of any type, more than 25 times in a calendar year.

(d)               In connection with excessive requests for law enforcement assistance, responsible party means:  The individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or any other legal entity that is responsible, in whole or in part, for the excessive requests for law enforcement assistance, including without limitation any owner, tenant, occupant, or party in control of all or a portion of the real property or structure to which law enforcement personnel are summoned pursuant to the excessive requests for law enforcement assistance and their heirs, estates, or successors.

(e)                Structure:  Anything constructed or erected which has a permanent location on the ground or is attached to something having such location.

Sec. 17-3.   Assessment of costs.

(a)                All assessable costs which are incurred by the township and associated with any excessive requests for law enforcement shall be jointly and severally assessed to any or all responsible parties.

(b)               Any assessable costs, including litigation expenses (including but not limited to filing fees, transcript fees, attorney fees, expert fees and witness fees), which become known to the township following the transmittal of a statement to the responsible party pursuant to this chapter shall be billed in the same manner on a subsequent statement to the responsible party.

(c)                The township treasurer or the treasurer’s designee shall certify to the township supervisor the total assessable costs incurred by the township pursuant to subsection (a) above. 

(d)               The township supervisor shall direct the township clerk to send a statement of costs assessed pursuant to this chapter to all responsible parties so assessed.  Such statement shall be dated and sent by first class United States mail, postage prepaid, to the last known address of each responsible party.  The township clerk may send statements to all responsible parties so assessed on a quarterly basis.

(e)                Cost recovery fee schedule: The township public safety director or a designee shall annually adopt a schedule of the rates/costs incurred in responding to incidents requiring law enforcement assistance.  It shall be presumed that the costs listed in this schedule are the true costs incurred by the township in responding to an event which involved law enforcement assistance. This schedule shall be available to the public from the township clerk.

Sec. 17-4.   Notice and right to appear provisions. 

Any responsible party who receives a statement of costs assessed pursuant to this chapter shall be given the opportunity to appear before the township board to request a modification of the assessed costs.  Any responsible party who desires to appear before the township board shall file a written request to appear with the township clerk within 14 calendar days of the date of the statement of assessed costs.  The responsible party will be placed on the agenda of the next regularly scheduled or special township board meeting, which meeting is at least 14 calendar days after the date on which the responsible party files with the township clerk a request to appear.  Any filed request to appear shall specifically identify and explain all reasons why the responsible party believes the costs assessed pursuant to this chapter should be modified.  Any reason, basis, or argument for a modification of the assessed costs not set forth in the written request to appear shall be deemed waived by the responsible party.  Failure to file a written request to appear within 14 calendar days of the date of the statement of assessed costs shall constitute a waiver of the responsible party’s right to appear before the township board, and shall further constitute the responsible party’s agreement to pay the assessed costs.

Sec. 17-5.   Failure to pay; procedure to recover. 

The township may pursue any responsible party under either or both subparagraph (a) or subparagraph (b) below, without limitation as allowed by law.

(a)                All costs assessed pursuant to this chapter shall be paid within 30 calendar days of the date of the statement.  Any responsible party who fails to pay the costs assessed pursuant to this chapter within 30 calendar days of the date of the statement therefore shall be considered in default.  In the case of default, the township board may authorize the township attorney to commence a civil action to recover the costs, plus a late payment penalty of one percent per month or part of a month during which the costs remains unpaid, together with the township’s attorneys’ fees and any other costs allowed by law.

(b)               In cases where services have been rendered to a property or property owner, the charges shall constitute a lien on that property, including both real and personal property if allowed by law.  If not paid within 30 days after the same is due, the township treasurer shall, prior to November 1 of each year, certify to the township assessor the facts of such delinquency.  The township assessor shall then enter the delinquent amount on the next general tax roll as a charge against the property, and the lien thereupon shall be enforced in the same manner as provided by and allowed by law for delinquent and unpaid taxes.

Sec. 17-6.   No limitation of liability.

The recovery of assessable costs pursuant to this chapter does not limit the liability of a responsible party under applicable local, state, federal, or any other applicable law, rule, or regulation. The township shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.

Sec. 17-7.    Non-exclusive charge.

The foregoing rates, fees, and charges shall not be exclusive of the charges that may be made by the township for the costs and expenses of maintaining its police department, but shall only be supplemental. Monies may additionally be collected by the township through general taxation after a vote of the electorate approving the same or by a special assessment established under pertinent Michigan statutes. General fund appropriations may also be made to cover additional costs and expenses.

Section 2.  Effective Date.  This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township on November 25, 2019, after introduction and first reading on October 28, 2019, and after publication and posting following such first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective January 1, 2020.

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Notice of Ordinance Adoption

Friday, September 27, 2019

ORDINANCE NO. 811

2018 EDITION OF THE INTERNATIONAL FIRE CODE ORDINANCE

CHARTER TOWNSHIP OF FRUITPORT, MICHIGAN

 

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT, TO FULLY RESTATE ARTICLE II OF CHAPTER 18 AND TO SO ADOPT THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING, AND USE OF HAZARDOUS SUBSTANCES, MATERIALS, AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PROPERTY IN THE CHARTER TOWNSHIP OF FRUITPORT; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND REPEALING PRIOR INCONSISTENT ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT.

 

THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:

Section 1.        Restatement of Article II of Chapter 18.  Article II of Chapter 18 of the Fruitport Charter Township Code of Ordinances is fully restated as follows, and shall be known and cited as the “Fruitport Charter Township 2018 Edition of the International Fire Code of Ordinances.

 

Sec. 18-31.      Adoption of code.

A certain document, three copies of which are on file in the office of the township clerk, marked and designated as the International Fire Code, including Appendix Chapters A through N (see International Fire Code Section 101.2.1, 2018 edition), as published by the International Code Council, is adopted as the Fire Code of the township for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and property in the township and providing for the issuance of permits for hazardous uses or operations.  Each of the regulations, provisions, conditions, and terms of the International Fire Code, 2018 edition, published by the International Code Council, on file in the office of the township, are referred to, adopted by, and made a part of this ordinance as if fully set forth in this code of ordinances.  All prior fire codes and prior ordinances adopted by the township regarding fire codes are repealed.

Sec. 18-32.      Revisions of code.

The following sections of the International Fire Code, 2018 edition, are revised.

            Section 101.1 Insert: “The Charter Township of Fruitport.”

            Section 109.3 Qualifications.  The board of appeals shall consist of the Fruitport Charter Township Zoning Board of Appeals.

            Section 110.4 Violation penalties.  Persons who shall violate a provision of this fire code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directives of the fire code official, or of a permit or certificate used under provisions of this fire code, shall be guilty of a civil infraction, punishable as set forth in section 2-183 and elsewhere in this code of ordinances.

            In addition to the imposition of  penalties and responsibility for civil infractions, the township is authorized to institute appropriate action to prevent unlawful construction; to restrain, correct, or abate a violation; to prevent illegal occupancy of a structure or premises; or to stop an illegal act, business practice, or building occupancy.

112.

            Section 112.4 Insert:

            112.4 Failure to comply.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine as set forth in section 2-183 and elsewhere in this code of ordinances.

            Section 202 Definition. 

            FIRE CODE OFFICIAL.  The Fruitport Charter Township Public Safety Director, or a duly authorized representative.

            Section 5704.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): Insert: within any residential zoning district in the township, or any non-agricultural zoned lot upon which a dwelling is located.

            Section 5706.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): Insert: within any residential zoning district in the township, or any non-agricultural zoned lot upon which a dwelling is located.

            Section 5806.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): Insert: within any residential zoning district in the township, or any non-agricultural zoned lot upon which a dwelling is located.

            Section 6104.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): Insert: within any residential zoning district in the township, or any non-agricultural zoned lot upon which a dwelling is located.

Section 2.        Effective Date.  This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan on September 23, 2019, after introduction and a first reading on September 9, 2019, and publication after the first reading and after the adoption as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective 30 days after publication.

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Notice of Ordinance Adoption

Friday, September 27, 2019

FRUITPORT CHARTER TOWNSHIP

ZONING TEXT AMENDMENT ORDINANCE

ORDINANCE NO. 812

AN ORDINANCE TO AMEND THE ZONING CHAPTER OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT BY ADDING A NEW SECTION 42-580 TO PROHIBIT RECREATIONAL MARIHUANA ESTABLISHMENTS.

THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:

Section 1.  Addition of Section 42-580 to Chapter 42.  Section 42-580, “Prohibition of Recreational Marihuana Establishments,” is added to Chapter 42, “Zoning,” of the Code of Ordinances of the Charter Township of Fruitport to read as follows:

Sec. 42-580.          Prohibition of recreational marihuana establishments.

(a)        Marihuana establishments, as authorized by and defined in the        Michigan Regulation and Taxation of Marihuana Act (the “Act”),       are prohibited in all zoning districts, and shall not be permitted    as home occupations under section 42-179 of this chapter.

 

(b)        No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of the ordinance adding this section to this chapter, shall be deemed to have been a legally established use under the provisions of this chapter; that use shall not be entitled to claim legal nonconforming status.

 

(c)        This section does not supersede rights and obligations with respect to the transportation of marihuana by marihuana secure      transporters through the township to the extent provided by the          Act, and does not supersede rights and the regulations under this code with respect to medical marihuana facilities established      pursuant to the Michigan Medical Marihuana Act.

 

 

Section 2.  Effective Date.  This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on September 23, 2019, after a public hearing as required by Michigan Act 110 of 2006, as amended, after introduction and a first reading on September 9, 2019, and publication after the first reading as required by Michigan law.  This Ordinance shall be effective the eighth day after publication as required by Section 401 of Act 110, provided that the effective date shall be extended as necessary to comply with the requirements of Act 110.

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Notice of Ordinance Adoption- Zone Change

Friday, June 28, 2019

CHARTER TOWNSHIP OF FRUITPORT
NOTICE OF POSTING OF ADOPTED ORDINANCE

PLEASE TAKE NOTICE that a Fruitport Charter Township Zoning Map Amendment Ordinance was adopted at a meeting of the Fruitport Charter Township Board Held on June 24, 2019.

The Amendment Ordinance No. 810 will rezone property located at 2034 Judson Rd, Spring Lake, MI 49456 from R-4 Residential-Agricultural District to R-6 Single Family Residential District.

PLEASE TAKE FURTHER NOTICE that the Amendment Ordinance will take effect the eighth day after this publication, unless the effective date is extended pursuant to Section 402 of Act 110, as amended (i.e., the Michigan Zoning Enabling Act).

 

FRUITPORT CHARTER TOWNSHIP

ORDINANCE NO. 810

ZONING MAP AMENDMENT ORDINANCE

AN ORDINANCE TO AMEND THE ZONING MAP DESCRIBED IN THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, FOR THE PURPOSE OF REZONING CERTAIN LANDS FROM THE R-4 RESIDENTIAL-AGRICULTURAL DISTRICT TO THE R-6 SINGLE FAMILY RESIDENTIAL DISTRICT.

            THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:

Section 1.  Amendment.  Section 42-251 of the Fruitport Charter Township Code of Ordinances, in Article VI of Chapter 42, shall be amended so that the following lands shall be rezoned from the R-4 Residential-Agricultural District to the R-6 Single Family Residential District.  The lands are in the Charter Township of Fruitport, Muskegon County, Michigan, and are described as follows:

Parcel 1 (#61-15-134-200-0013-00 or 2034 Judson Rd, Spring Lake, MI 49444) Legal Description of the Proposed Property:

FRUITPORT CHARTER TOWNSHIP

SEC 34 T9N R16W

COMM 891 FT W OF SE COR OF SW 1/4 NE 1/4 OF SEC 34 FOR POB:

TH W 189 FT

TH N 330 FT

TH E 189 FT

TH S 330 FT TO POB

ALSO W 13 FT OF E 891 FT OF S 330 FT OF SW 1/4 OF NE 1/4

1.54 AC

Section 2.  Effective Date.  This amendment to the Fruitport Charter Township Code of Ordinances Zoning Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan on June 24, 2019, after a public hearing on May 21, 2019 as required pursuant to Michigan Act 110 of 2006, as amended; after introduction and a first reading on June 10, 2019, and after posting and publication following such first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on July 10, 2019, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended


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Notice of Ordinance Adoption

Tuesday, April 23, 2019

FRUITPORT CHARTER TOWNSHIP
NOTICE OF POSTING OF ADOPTED ORDINANCE

PLEASE TAKE NOTICE that at a meeting of the Fruitport Charter Township Board held on April 22, 2019 the Board had a second reading of and adopted the Business Registration Ordinance.

 

ORDINANCE NO. 809

BUSINESS LICENSE ORDINANCE

CHARTER TOWNSHIP OF FRUITPORT, MICHIGAN

 An Ordinance to amend the Code of Ordinances, Charter Township of Fruitport, Michigan, to add a new Chapter 28 entitled Business License Ordinance, and to establish the effective date of the Ordinance.

 THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:

Section 1.        Addition of Chapter.  Chapter 28 of the Fruitport Charter Township Code of Ordinances is added, which Chapter shall be known and cited as the “Fruitport Charter Township Business License Ordinance” and shall read in its entirety as follows.

CHAPTER 28

BUSINESS LICENSE ORDINANCE

Sec. 28.1         IN GENERAL

The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

A.        “Business Activity means any acts of buying, selling, leasing, renting, or otherwise marketing any goods, services, merchandise, or commodities of any kind or description, whether or not conducted from a Business Establishment.

B.        “Business Establishment means any lot, building, or structure, or a part thereof, including without limitation leased or occupied space in a mall, store, or building, located within the boundaries of the Township, from which a person engages in or causes to be engaged in Business Activity.

Sec. 28.2         PENALTIES AND REMEDIES

Any person violating any of the provisions of this Chapter shall be responsible for a civil infraction. Each day on which any violation of this Chapter shall continue shall constitute a separate offense. The Township may utilize injunctive remedies to prevent further violations of this Chapter and to require compliance with this Chapter.

Sec. 28.3         PROVISIONS COMPLEMENTARY AND SUPPLEMENTAL

The provisions of this Chapter, together with other relevant provisions of any other ordinance, or provisions authorized or required by state or federal law relative to Business Establishments or Business Activity or both, shall be construed to be complementary and supplemental.  All such provisions shall constitute a part of the regulations and conditions applicable to Business Establishments and Business Activity.

 Sec. 28.4        MORAL CHARACTER

A.        In this Chapter the phrase "good moral character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a fair, honest, and open manner.

B.        A judgment of guilt in a criminal prosecution or an adverse judgment in a civil action shall not be used without more as proof of a person’s lack of good moral character. It may be used as evidence in the determination.  When so used, the person shall be notified and shall be permitted to rebut the evidence by showing that:

1.         At the current time of seeking a certificate of registration under this Chapter, the person has the ability to, and is likely to, serve the public with good moral character; and

2.         The person is rehabilitated, or the substance of the prior proceeding is not reasonably related to the occupation or profession for which the person seeks a certificate of registration under this Chapter.

Sec. 28.5         PURPOSE OF REGISTRATION

This Chapter, concerning the registration of Business Establishments in the Township, has been enacted to protect the health, safety, and welfare of persons in the Township by providing the Township with the information necessary to ensure compliance with safety, structure, and fire laws; to identify Business Activities and Business Establishments which affect or involve matters related to traffic, congestion, occupancy, and density of occupancy; to determine the presence, storage, and handling of hazardous materials; to regulate the physical condition of places where persons are employed in Business Establishments or carry on Business Activities; and to enforce the law, including local, state, and federal laws, rules, and regulations, applying to the Business Activities and Business Establishments located in the Township.

Sec. 28.6         REQUIRED

No person shall operate, conduct, maintain, or manage any Business Establishment, or carry on any Business Activity within the boundaries of the Township without first obtaining a certificate of registration in the manner provided in this Chapter.

Sec. 28.7         APPLICATION PROCEDURE

An applicant for a certificate of registration shall make application to the Public Safety Director on a form prescribed by the Public Safety Director, which shall contain at least the following information.

A.        Each application shall include the full names, business addresses, residence addresses, and local addresses of the owners, proprietors, officers, and managers of the Business Establishment.  If the applicant is a corporation, the names and addresses of all officers shall be included.  If the applicant is a partnership, the names and addresses of all partners shall be included.  If the applicant is a limited liability company, the names and addresses of all members shall be included.

B.        The nature and character of the Business Activity which is conducted at the Business Establishment shall be described.

C.        A list of all assumed, trade, or firm names under which the applicant intends to do business shall be provided.

D.        The location or locations of the Business Establishment and the location of all personal property utilized in the conduct of the Business Activity shall be provided.

E.         The name, telephone number, and address of the person to notify in the event of an emergency shall be provided.

F.         Each application shall have attached a current fire safety audit worksheet or a document substituted by the Township containing the same or similar information. This form must be approved and signed by an authorized official from the Township’s Fire Department.

Sec. 28.8         TERMS

Each certificate of registration issued pursuant to this Chapter shall terminate on the immediately following April 1.

Sec. 28.9         RENEWAL

A.        Any certificate of registration issued under this Chapter must be renewed per this Chapter on or before the April 1 when the certificate of registration expires.

B.        Applications for renewal of a certificate of registration shall be filed, considered, and determined in the same manner as an original application.

Sec. 28.10       FEES

The fee for a certificate of registration and the fee for an annual renewal thereof shall be set from time to time by action of the Township Board. The Township Board reserves the right, upon proper application, to authorize the issuance of certificates of registration without fee or cost for any nonprofit tax exempt organization. Registration fees not paid within 30 days after the due date will be subject to a late fee of $15.00 per month for each month up to a maximum of six months, at which time all fees and late fees are due and then a civil infraction violation may be issued each day thereafter until the complete registration application is submitted and all required fees are paid.

Sec. 28.11       DISPLAY

Any certificate of registration issued pursuant to this Chapter shall be prominently displayed in the Business Establishment or any other location where Business Activity is conducted.

Sec. 28.12       TRANSFERABILITY

No certificate of registration issued pursuant to this Chapter shall be transferable.  Material changes in the operation or ownership of a Business Establishment shall require a new certificate of registration.

Sec. 28.13       GENERAL CONDITIONS FOR ISSUANCE AND CONTINUING IN EFFECT

A.        Compliance with other governmental requirements; preemption. No certificate of registration shall be issued or continued in effect for any person who is required to obtain a federal, state, or county license or permit until the person submits evidence that all required licenses or permits have been issued and continue in force, and that all fees pertaining to such licenses or permits have been paid. The fact that a person has received a federal, state, or county license or permit for the Business Activities or Business Establishment involved shall not exempt the person from the requirements of this Chapter unless these requirements are clearly preempted by federal, state, or county law.

B.        Compliance with all other laws. A holder of a certificate of registration must be in continuing compliance with all Township, county, state, and federal laws as a condition of issuance or continued effect of a certificate of registration under this Chapter.

C.        Conditions and activities on the premises. The holder of a certificate of registration shall maintain a clean, neat, and orderly Business Establishment or any other area where Business Activity is conducted.  The holder shall take reasonable steps to provide security on the premises, and prevent unlawful conduct on the premises.

D.        Advertising sales as executors, receivers, close-out, damaged goods, etc. No person shall advertise or represent that any sale is an assignee’s, executor’s, administrator’s, personal representative’s, mortgagee’s, receiver’s, or closing-out sale of goods, wares, and merchandise, or of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, unless the person shall at the time of applying for a license file an affidavit with the Public Safety Director, establishing that the sale qualifies as one of the listed types of sale.  The affidavit shall include a true statement of the names of the persons from whom the goods to be sold were obtained, the date of the delivery of such goods to the seller, the place from which such goods were brought, and all details necessary to fully identify the goods.

E.         Engaging in fraudulent conduct. A certificate of registration may be revoked if the holder is found to have engaged in fraudulent business practices, misrepresented the nature of the goods or services offered to the public, or has violated any consumer protection regulations, retail installment sales regulations, or any other Township, county, state, or federal statute or regulation concerning business practices.

F.         Payment of amounts owed the Township. All personal property taxes and outstanding debts to the Township, including without limitation fees for inspections or property services, water or sewer bills, civil infraction fines applicable to the Business Establishment or its premises, and current special assessment installments, but not including real property or income taxes, due at the time of issuance or renewal of a certificate of registration must be paid in full to obtain the certificate. 

Sec. 28.14       ADDITIONAL CONDITIONS FOR ISSUANCE

Any person applying for or holding a certificate of registration under this Chapter shall demonstrate to authorized Township personnel that the Business Establishment or Business Activity registered under this Chapter complies with all applicable construction and fire and safety codes, health and safety laws, zoning laws, and environmental laws and regulations of the Township, the county, the state, and the federal government, including all provisions of this Chapter.

Sec. 28.15       INSPECTIONS

Every Business Establishment or place where Business Activity occurs, applying for registration under this Ordinance, shall afford authorized personnel from the Township full access to the premises and the emergency plan records of the property for the purpose of inspection to determine compliance with the certificate of registration which has been issued, to determine whether the certificate of registration should be issued in the first place, and to determine continuing compliance with all ordinances, codes, and statutes applicable to the premises, the Business Establishment, and the Business Activity. In the case of a proposed revocation or suspension of a certificate of registration, the holder of the certificate shall afford reasonable opportunity for inspection by the Township.

Sec. 28.16       DENIAL, REVOCATION AND SUSPENSION

Holders of a certificate of registration applied for under this Chapter may be denied, suspended, or revoked by the Public Safety Director for any of the following causes:

1.         The violation of any of the conditions of issuance or continuation of a certificate of registration;

2.         Fraud, misrepresentation, or false statement made in the application;

3.         Fraud, misrepresentation, or false statement made in the operation of the business;

4.         Failure to pay personal property taxes, or timely file documentation or returns required for such taxes;

5.         Failure to pay any outstanding amounts owed the Township (such as fees for inspections or property services, water or sewer bills, civil infraction fines applicable to the Business Establishment or its premises, current special assessment installments, etc.);

6.         Failure to pay registration fees imposed pursuant to this Chapter;

7.         Conducting a business in an unlawful manner or in such manner as to constitute a breach of peace or to constitute a menace to the health, morals, safety, or welfare of the public;

8.         Failure or inability of an applicant to meet and satisfy any of the requirements and provisions of this Chapter; or

9.         Failure to allow inspection of the Business Establishment or place where Business Activity occurs, or its premises or hazardous material storage records at a reasonable time.

Sec. 28.17       PROCEDURE FOR REVOCATION OR SUSPENSION

A.        Written notice of the suspension or revocation of a certificate of registration, stating the cause or causes for such action, shall be personally delivered or mailed to the address as shown in the Township records.

B.        Any person whose certificate of registration is revoked or suspended, or any person whose application is denied, shall have the right to a hearing before the Township Board, if a written appeal is filed with the Township Clerk within ten days following the mailing of a notice of revocation or suspension or denial. The hearing shall be public, a record shall be made and preserved, and the appealing party shall have the right to counsel. The hearing shall be held within 45 days of the filing of the written appeal.

C.        The Township Board may reverse or affirm any determination to deny, revoke, or suspend the issuance of a certificate of registration. No person may carry on or operate a Business Establishment or any Business Activity during any time when the certificate of registration for the Business Activity or the Business Establishment has been suspended, revoked, or denied.  The filing of an appeal to the Township Board shall stay a suspension or revocation unless a condition threatening the life, health, or safety of any person exists in the Business Establishment or is involved in the Business Activity. The decision of the Township Board and its reasons shall be stated in writing.

D.        Any person claiming to be aggrieved after the decision by the Township Board may seek review by the Muskegon County Circuit Court.  The Circuit Court shall determine if the appellant has standing and shall review the determination made by the Township Board de novo on the record.  The appeal to the Circuit Court must be filed within 21 days after the Township Board’s final action.  The Circuit Court may either reverse or affirm or remand for further findings, retaining jurisdiction in its discretion.

Section 2.        Effective Date.  This Ordinance was approved and adopted by the Township Board on April 22, 2019, after introduction and first reading on April 8, 2019, and publication after the first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on April 26, 2019, which is the day after publication of the Ordinance.


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