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Schindler's
Land Use Page
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(old web site) |
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Schindler's |
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| Land Use Questions and Answers, Other |
| Have a question on land use, planning, and zoning? Please email it to: schindl9@msu.edu. Please tell me what county you are from. |
| A large part of Extension's service is to respond to email questions on land use, planning, and zoning. This page contains questions which are among the more common ones received. The questions and answers here are compiled from those I have received/responded to, and those I have participated in discussion with on the Michigan Society of Planning discussion board. | The materials here, are written for the specifics of planning and land use law in Michigan. | Please send your comments and suggestions to me, to make these pages a better service for you. Send to schindl9@msu.edu . |
| Topic | Question | Answer |
| Open Meeting Act | The Chairman of the Zoning Board of Appeals (ZBA) wants to hold a "get together" with the other members of the ZBA to discuss updating the By-Laws. I told him that under the Open Meetings Act he is not allowed to do this. He says that, then, he will meet with members in groups of less than a quorum to discuss updating the By-Laws. | No, he is not supposed to
hold meetings with a quorum present that is not an open meeting.
In the past, in other communities, people have tried to circumvent the act by holding three or more meetings of small groups so they could say they did not have a quorum. This type of activity has been prosecuted. And further, the judge uses the act of holding several meetings in small groups as evidence of intent to circumvent the Open Meeting Act which results in even more unpleasant forms of punishment/fines/etc. We do not even have to leave northwest Michigan to find examples of local governments that have gotten in serious trouble trying this. The topic of discussion is about By-Laws. What can possibly be so sensitive, or embarrassing that someone would feel it could not be discussed at an open meeting? A good rule to follow, if it can not be said at a public meeting for all to hear, then it should not be said at all (nor should it be pursued). ---Kurt H. Schindler |
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Addressing Change Road Name |
If a community changes a platted road name as part
of a re-addressing process, do they have to go through the plat/subdivision
process to amend the name or can they just change it as part of the county
process? In our case, the re-addressing process has been implemented
through a county ordinance. (June 6, 2002) |
By county ordinance, one can
change the road name for purposes of county addressing.
The name on the plat, and the name that would be used in a legal description, etc., would remain the name as it appears in the approved plat. (To change that, one would need to amend the plat.) When the county goes about changing road names (regardless if in a subdivision or not) there does need to be a due process set up and followed, as well as a formal notification process. For example, one county Address Ordinance I am familiar with reads: 306. Changing Existing Road Names It shall be the policy of this ordinance to discourage the practice of changing existing road names. The existing road name, or the name applied to a right-of-way as shown on an approved preliminary plat or recorded plat, shall not be changed except as provided herein: A. Only at the Road Commission's option or incorporated municipal council's option in a village, whichever is applicable, when road construction has resulted in the extension of a road to another road so that both roads are joined in such a manner that both roads may be considered one road instead of two separate roads. Two roads shall not be considered one road unless both roads have address numbering in a north south direction or both roads have address numbering in an east west direction. 1. In the instance of changing a road name, a third name shall not be used. One of the two existing road names shall be applied to the entire road and the other road name shall be discontinued. 2. The Road Commission or incorporated municipal council in a village, whichever is applicable, shall determine which road name is dropped and which road name is to be used for the entire length of both roads so the road name change results in modification to the fewest number of addresses. In the event the system of modifying the fewest addresses is not applicable, then the road name which is oldest and already applies to the portion of the road which has existed the longest shall be the road name used. B. Only at the Road Commission's option or incorporated municipal council's option in a village, whichever is applicable, when a private road, existing prior to the effective date of this ordinance is accepted as a public road if: 1. The private road had a commonly known name prior to the effective date of this ordinance, and 2. If the road name duplicates the name of any other road anywhere in the county. [Annotation: This subsection has also been applied in an instance where a subdivision has existed for some time but the plated road names were not used for address purposes. Upon the event of re-addressing structures in the subdivision to the platted roads, the road names were changed to avoid duplication with other road names in the county prior to the plated roads being used for address purposes. (see Road Commission minutes of August 29, 1991.] 307. Notification of Road Names The Road Commission or incorporated municipal council, whichever is applicable, shall notify interested persons whenever a road is named for the first time, and whenever the existing name is changed to another, as provided below: A. In the case of naming roads or road right-of-ways as part of the process of approving a preliminary plat or final plat, the recording of said plat in the County Register of Deeds Office shall be sufficient notice to all interested persons. B. In all other cases of naming roads for the first time, the Road Commission or incorporated municipal council, whichever is applicable, shall prepare written notice which contains the road name and the description of the location and extent of the road the road name is to be applied to. The notice shall be sent to the following interested persons within ten days, by first class mail or personal delivery: 1. The respective municipal government body. 2. The Planning Commission and Road Commission. 3. The respective fire department. 4. The respective ambulance service and the Hospital, if not the same. 5. The County 9-1-1 dispatcher 6. The U.S. Post Office servicing the area. 7. Any residents, occupants, or persons and owners, if different, who will have an address on the road, with instructions on how to obtain their address. C. In cases where an existing road name is changed, the Road Commission or incorporated municipal council, whichever is applicable, shall send a written notice to each resident, occupant or person with an address on the affected portion of the road and to the owner -- if different from the resident, occupant or person -- of structures with an address on the affected portion of the road within ten days, by first class mail or personal delivery. Said notice shall contain the new road name, the former road name, the structure's new address, and a description of the location and extent of the road the new road name is to be applied to. D. In cases where an existing road name is changed, in addition to notice requirements given in Section of this ordinance, written notice of the name change shall be prepared by the Road Commission or incorporated municipal council, whichever is applicable, which contains the former road name; the new road name; a description of the location and extent of the road the new road name is applied to; a list of the names of residents, occupants, persons and owners who were required to receive a notice, as required in Section . The notice shall be sent within ten days, by first class mail or personal delivery to: 1. Those agencies listed in Section of this ordinance, but not including Section _ of this ordinance. 2. The County Equalization Department. 3. All utilities and public or regulated telephone, cable television companies or other services of a nature similar to utilities providing service to the area. -----Kurt H. Schindler |
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Nuisance Ordinance --county authority County Enforcement of Township Ordinances |
Am I correct that Townships have to adopt a nuisance
abatement ordinance because they are covered under General Law, and can they,
once they adopt such an ordinance, request enforcement of that ordinance by
the county? (January 8, 2001) |
A village, city or township must
adopt it. County government in Michigan probably does not have the
general police power to adopt such an ordinance (Michigan Attorney General
Opinion number 6665, November 15, 1990; Michigan Attorney General Opinion
number 4696, p. 197, 200, November 25, 1970; Michigan Attorney General
Opinion number 4471 p. 639, March 15, 1946.).
Local governments, including counties, only have the powers which are conferred upon them by the Michigan Constitution or state statutes (Alan v. Wayne County, 388 Mich 210, 245; 200 NW2d 628 (1972).). Counties may only “pass regulations and ordinances relating to county affairs...” (County Boards of Supervisors; M.C.L. 46.11.) However cities, villages, and townships have broader police powers, giving them authority to adopt more types of ordinances. (Detroit Edison Co. v. Township of Richmond, 150 Mich App 40, 47; 388 NW2d 296 (1986); People v. Strobridge, 127 Mich App 705, 708-709; 339 NW2d 531 (1983); Michigan Attorney General Opinion number 6139, p. 90, March 30, 1983.) A township, city or village can ask the county to enforce it. It would be unusual for the county to agree to do so. The county's corporate counsel really has to answer this part of your question. The answer may simply be "no." It would be a situation where the county would have responsibility, but no control over policy or even how the ordinance was written. The county could find itself in the position of enforcing a ordinance poorly written, or illegal, or subject to policy decisions which get one in trouble with civil rights or other similar problems, but through no action of the county --and then the county is named in the suit (and has the deeper pockets). ----Kurt H. Schindler I agree. Too much hassle for the county go get involved with enforcement of the ordinances of several townships. I believe I have in my file somewhere a good article from past MTA newsletter on how townships can set up Civil Infractions Bureau and handle the admitted violations without involving anyone else. Of course, the cited individual always has a right to appeal, which would go to District Court (probably magistrate). As far as enforcement, townships would be better off pooling resources to hire an enforcement officer. ----Gary Taylor |
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County Junk Ordinance Junk Ordinance |
Does anyone have a good junk ordinance with "enforcement" regulations that go beyond prosecution and fines? Our county is looking for something more extensive, as we have had cases where individuals have been prosecuted, fined, and spent time in jail. However, the junk still doesn't get cleaned up. | The best approach
is more than just adopting an ordinance. The pamphlet
Land Use Series "How To Deal With Accumulated Junk Problems"
puts forward an entire program to deal with junk. It can be found
at this web
site . It speaks of making a junk ordinance (partnered, or tie-barred)
with junk provisions in a zoning ordinance. Also it is set up to
be enforced through civil infraction. The pamphlet will walk one
through an entire program. One word of caution. If the idea is for a county (instead of a township, village, or city) to adopt, the Michigan Attorney General has already ruled counties do not have any authority to adopt or enforce junk ordinances. That is also discussed in the pamphlet along with the citation for the Attorney General's opinion. ----Kurt H. Schindler. |
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Rental Housing ---County Authority |
We need an ordinance regulating
rental housing as some of our rental housing stock is questionable as to
condition and repair. The entire county is zoned via township zoning.
One of the questions that was brought up at yesterdays township association
meeting was the question of are we better off with uniform township ordinances
(all identical) or have a county ordinance?. In either case I believe the prosecuting attorney could enforce the ordinance(s). I need your opinion on this question of township or county and the source of a rental housing ordinance. (January 30, 2002) |
Counties have very limited authority
to adopt ordinances. A county does not have general "police power" ordinance
authority like townships, villages and cities do. The first part of
your question should be sent to the county's attorney: Can the county
even adopt a housing/rental property ordinance? If his answer
is "no" (which is what I suspect) then the option for the county to do so
is off the table for further discussion. The next part of your question is should all the townships, villages, and city in a county adopt the identical ordinance. The answer is an absolutely resounding positively "yes." The trick will be getting everyone to agree. But even if everyone starts from the same initial draft and just makes their own minor idiosyncratic changes, that is still a great job at coordination. Third part: Can the prosecutor be the lawyer that prosecutes township, village and city ordinances. That is totally up to the discretion of the prosecutor. He is an autonomous elected official and gets to make that call for his office all by himself. Usually prosecutor's say they do not want to do so. (If he did say yes, the county board and he could/would/should charge for the service through a contract for services agreement with each township, village, city.) Prosecutors tend to say "no" to these types of requests because they get the responsibility without the authority (to adopt, amend, ordinance, and other township powers and politics). Also, even if the prosecutor said "yes", that is only good for as long as that particular prosecutor is in office. The next elected prosecutor could choose not to do so. A model you might want to consider is the way it is done in Charlevoix County. Their townships all got together to all hire the same law firm who then has a retainer to work for them as a group. They were able to solicit proposals for professional services and got a good "bulk" rate, a much better lawyer than they would have gotten individually, and I think pay a flat fee for certain services per year so it is a predicable and budgetable expense for ordinance enforcement. Finally, they end up having similar/identical ordinances because the same lawyer prepares or reviews them for everyone! For good model housing/rental property ordinances go to the Michigan Municipal League web site. ----Kurt H. Schindler |
| Dry Wells | A local township official wants a publication explaining
dry wells. The township has a ordinance that sump pump water cannot
be discharged to sanitary sewers, but some people do not have storm sewer
or drain access. Those people must use dry wells as the alternative.
Many township residents do not understand what they are or how they work.
Does anyone know where I can acquire some good materials (August 21, 2001) |
These wells are known as Class
V injection wells. The EPA's Underground Injection Control Program has
some information about the various categories of Class V wells. Information
about Class V storm water injection wells can be found at the following site:
http://www.epa.gov/safewater/uic/classv/volume3.pdf www.epa.gov/safewater/uic/classv/volume3.pdf Another EPA site: http://www.epa.gov/safewater/uic/classv/stw-fact.pdf www.epa.gov/safewater/uic/classv/stw-fact.pdf Purdue University developed a educational program about injection wells, that can be accessed at: http://abe.www.ecn.purdue.edu/~epados/farmstead/inject/src_old/main.htm -----Ruth Kline-Robach |
| Schindler's Land Use Page: Land Use Page | Education catalog | Schedule of programs| Pamphlets |for people who are not members of local boards | questions and answers | land use links | Old Stuff | Indicia, disclaimer, etc. |  |
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| 2001 Planning & Zoning Amendments | 2004 Land Use Legislation | 2006 Michigan Zoning Enabling Act | 2008 Michigan Planning Enabling Act |Kurt Schindler | |||||||||
| Kurt H. Schindler, Regional Land Use Educator, MSU Extension, Wexford County; 401 N. Lake Street, Cadillac, Michigan 49601 | (231)779-9480 |schindl9@msu.edu | fax(231)779-9105 | Map to office | |||||||||
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