Catherine Mullhaupt Director of Member Information Services Michigan Townships Association August 2013

Transcription

1 Catherine Mullhaupt Director of Member Information Services August 2013

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3 What works for private may not work for public Private Decisions may be made in private Decisions may be made by one Decisions not necessarily open to question Because I said so Private interest Finances mostly private Few limits on how to spend money Long-term ownership Public Decisions must be made in public at scheduled meetings Decisions mostly made by several Decisions open to public question Because the law says so? Public interest Finances public Many limits on how to spend money Sometimes limited tenure or changing administration 3

4 Private Sector Limits No authority to regulate No ordinance authority No authority to impose fees on watercraft No authority to tax or specially assess 4

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7 Cities & villages have charter authority Article VII, 22 Charters, resolutions, ordinances; enumeration of powers. Under general laws the electors of each city and village shall have the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the legislature for the government of the city or village. Each such city and village shall have power to adopt resolutions and ordinances relating to its municipal concerns, property and government, subject to the constitution and law. No enumeration of powers granted to cities and villages in this constitution shall limit or restrict the general grant of authority conferred by this section. 7

8 Townships (and counties) do not Article VII, 34 Construction of constitution and law concerning counties, townships, cities, villages. The provisions of this constitution and law concerning counties, townships, cities and villages shall be liberally construed in their favor. Powers granted to counties and townships by this constitution and by law shall include those fairly implied and not prohibited by this constitution. 8

9 Township Functions Mandatory Elections Assessing Tax Collecting Township Board Legislative Functions Open Meetings Act and Freedom of Information Act compliance Accounting, Audit, and Financial Reporting Permissive Roads Fire Protection Police Protection Emergency Medical Water / Sewer Parks and Recreation Planning and Zoning Public Improvements Code Enforcement Ordinance Enforcement Liquor Inspections Library Cemetery Lake Issues Etc. 9

10 Public Money Townships Don t Donate. Public money can be used Only for Public Purposes. Townships need statutory authority to spend public money: Simon Says! Public money subject to law and rules regarding depositing, accounting, disbursing. Public entities subject to audit. 10

11 Keep It in Perspective Understand what options exist for the township May versus shall Is it a disagreement between private property owners? Does it involve application of township ordinance? Private options Community Dispute Resolution A paid service of trained mediators provided by the Michigan Supreme Court, State Court Administrative Office Office of Dispute Resolution, PO Box 30048, Lansing, MI Phone : (517) cdrp@courts.mi.gov To reach a mediation center nearest you, call: (800) 8-RESOLVE [(800) ] 11

12 Keep It in Perspective Make a positive case for township involvement Your lake issues are important to you, but why should they be important to the rest of the township? Zoning ordinances and enforcement are costly responsibilities that require the township to balance many property interests across the township A township is never required to establish a special assessment district (or a lake board or a WRI board) why should they take on that added responsibility? If it s a private lake, why should the public sector be involved? 12

13 Keep It in Perspective Develop support among other lake owners/users If lake owners/users are divided, it makes it that much harder for a township to take on the extra work of a special assessment district or to adopt/enforce an ordinance only to be rewarded with controversy. A special assessment district can be blocked by property owner objections A zoning ordinance amendment can be undone by referendum 13

14 Keep It in Perspective How will what you re asking for impact the rest of the township? Other lakes/streams Non-lake owners (not just back-lotters, but the rest of the township) Tourism And the surrounding county or region A township board is elected to serve the entire community 14

15 Keep It in Perspective Help the board help you Keep it positive Although the board can do business only in a public meeting, it is not the only way to do business with a township. You can contact the township to ask questions and develop rapport with officials and township personnel outside of board meetings Making demands at a meeting may be counterproductive Be a resource One step at a time Nothing happens overnight (and it probably shouldn t) 15

16 *11,000 interior lakes and 36,000 miles of rivers and streams 16

17 Riparian Rights Property owners have riparian rights only in riparian lands Land must have actual contact with a natural lake, river or stream (watercourse) for owners to have inherent riparian rights Owners of land with in contact with man-made water courses (canals, drainage/irrigation ditches, etc.) have no inherent riparian rights but may obtain rights by grant (express or implied easement) or prescription (adverse possession). 17

18 Riparian Rights Land which includes or is bounded by a natural watercourse is defined as riparian. Persons who own an estate or have possessory interest in riparian land enjoy certain exclusive rights. Hess v W Bloomfield Twp., 439 Mich 550, (1992) 18

19 Property Rights 19

20 Public vs. Private Rights Navigable waters: Riparian owners have legal property rights Public has legal rights Non-navigable Riparian owners have legal property rights Public has no inherent right to use 20

21 Public vs. Private Navigable * Stream *It s complicated Capacity to float logs (timber) or commerce or that darn bundle of sticks! Now or ever? Because Michigan Supreme Court, U.S. Corps of Engineers or Legislature said so Lake *It s also complicated Both the inlet and outlet (streams) are navigable Public has public or dedicated access 21

22 Activities by Right Public Lake Riparian Owner Boating on surface of water Fishing Swimming Wading Water skiing Ice skating and sledding Constructing dock (to line of navigability) Sunbathing and picknicking Permanently mooring boats, boat hoists Public Boating on surface of water Fishing Swimming Temporarily mooring boats 22

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24 Township Ordinances A township is never required to adopt an ordinance (unless the board chooses to do something that requires an ordinance) An ordinance is township law Municipal civil infraction ordinance, including a zoning ordinance or MCI ordinance enforcement bureau ordinance, should specify which township personnel may issue citations: i.e., Enforcement officer, zoning administrator, building inspector, supervisor, clerk, zoning enforcement officer, township police officer, county sheriff deputy (if contracted) Non-zoning MCI ordinances may be enforced by law enforcement, if authorized (not automatic) 24

25 Non-Zoning Ordinances Generally regulate activities or behaviors Adopted by township board Generally adopted for all similar circumstances in entire township (exception: DNR local watercraft rules or ordinances specific to individual lake) Unless required by law, no public hearings are required, but boards may hold No notice required (except Charter Township publication prior to adoption) No referendum No grandfathering No variances Misdemeanor or municipal civil infraction Publication after adoption 25

26 Zoning Ordinances Regulate land uses (property rights) Drafted by planning commission, adopted by township board May have different regulations for different areas (i.e. Lakefront District, or Waterfront Overlay) At least one planning commission public hearing required Notice required Right of referendum Grandfathering Lawful non-conforming uses allowed to continue, usually with limitations on expanding Limited variances may be available Misdemeanor or municipal civil infraction in practice usually injunctive or compliance actions Publication after adoption 26

27 Township Ordinances Preempted by state law In whole In part Not preempted Where no state statutory scheme Where expressly allowed by state law 27

28 Township Riparian Regulation Townships have authority through general police powers and zoning authority to regulate: Funneling/keyholing by non-zoning ordinance Square Lake Hills Condo Ass'n v Bloomfield Twp Funneling/keyholing by zoning ordinance Yankee Springs v. Fox Boat docks by non-zoning ordinance Square Lake Hills Boat docks by zoning ordinance Hess v. West Bloomfield Township Public road ends on lakes/streams by ordinance (MCLs b and ) N0-wake and other regulations, including special local ordinance (through DNR, NREPA Part 801) 28

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30 Funneling or Keyholing Non-riparian use of riparian lots Riparian lot ownership is involved Not a residential lot Not to be confused with public access 30

31 Funneling/Keyholing A township may regulate non-riparian activities on riparian lots by police power (non-zoning) ordinance: Accordingly, we conclude that the objective sought to be achieved by the ordinance, in requiring a minimal amount of lake frontage for boat dockage through a uniform scheme of regulation to lessen the congestion and density of boats docked and launched around Square Lake, is a reasonable use of the township police power under the township ordinance act. Square Lake Hills Condo Ass'n v Bloomfield Twp., 437 Mich. 310 (1991) 31

32 Funneling/Keyholing A township may regulate non-riparian uses of riparian lots by zoning ordinance. We find a rational relationship between the ordinance and its objective. Limiting the number of dwelling units with lake access to one for every seventy feet of lakefront property would curtail lake congestion, pollution, and the risk of boating accidents by cutting down on overuse. Twp of Yankee Springs v Fox, 264 Mich App 604, 610 (2004) 32

33 Funneling/Keyholing The regulations must be clearly linked to a valid public purpose, established on a case-by-case basis. Preserve quality of recreational use Protect water quality Limit incompatible land uses of wetlands Maintain natural beauty (including minimizing manmade structures on shorelines) 33

34 Funneling/Keyholing Ordinance usually: Defines access property, typically establishing a minimum number of feet for water frontage and ratio of dwelling units per frontage (e.g., 2 dwelling units per 50 feet). 34

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36 Docks and Boats A township zoning ordinance can regulate riparian rights such as boat docks, no-boat docking, and reservation to the use of lot owners in a plat. Hess v. Bloomfield Township, 439 Mich. 550 (1992) 36

37 Docks and Boats In order for townships to properly protect the bodies of water from destruction or impairment, pursuant to their zoning power within the TRZA, there must be an ability to regulate the exercise of riparian rights. To prohibit townships from exercising such regulatory zoning authority over riparian rights would permit the destruction or impairment of the natural resources associated with such bodies of water. Hess v W Bloomfield Twp., 439 Mich 550, 565 (1992) 37

38 Docks and Boats A township police power (non-zoning) ordinance can also limit riparian boat docking and launching. Square Lake v. Bloomfield Township, 437 Mich. 310 (1991) 38

39 Docks and Boats Launching and docking boats on inland lakes are activities, and the number of boats that can be launched or docked is very much akin to a parking regulation on a residential street. It follows that since township parking regulations on residential streets are within the scope of a township's regulatory police power, a township regulation of docking and launching boats on its inland lake is within the same scope of regulatory police power. We therefore conclude that townships have the authority, under the township ordinance act, to enact ordinances regulating boat docking and launching on inland lakes as a measure to protect the public health, safety, and welfare of persons and property within a township. Square Lake Hills Condo Ass'n v Bloomfield Twp., 437 Mich. 310 (1991) 39

40 Seaplanes Federal preemption of the airspace under the Act does not limit the right of local governments to designate and regulate aircraft landing areas, including seaplane landings on lakes. Michigan law makes it clear that riparian rights are not absolute, but are subject to reasonable regulation, and municipalities can restrict boat usage by riparian owners. It follows by analogy that seaplane usage by riparian owners can also be restricted. The riparian rights asserted by plaintiff Gustafson are not absolutely protected by the Fourteenth Amendment, but instead are subject to reasonable regulation. Gustafson v City of Lake Angelus, 76 F3d 778, 790 (CA ) 40

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42 Public Road Ends on Lakes or Streams MCL b (1) A public road end shall not be used for any of the following unless a recorded deed, recorded easement, or other recorded dedication expressly provides otherwise: (a) Construction, installation, maintenance, or use of boat hoists or boat anchorage devices. (b) Mooring or docking of a vessel between 12 midnight and sunrise. (c) Any activity that obstructs ingress to or egress from the inland lake or stream. (2) A public road end shall not be used for the construction, installation, maintenance, or use of a dock or wharf other than a single seasonal public dock or wharf that is authorized by the local unit of government, subject to any permit required under this part. This subsection does not prohibit any use that is expressly authorized by a recorded deed, recorded easement, or other recorded dedication. This subsection does not permit any use that exceeds the uses authorized by a recorded deed, recorded easement, other recorded dedication, or a court order. *** 42

43 Public Road Ends on Lakes or Streams MCL b CONTINUED Sec b. *** (3) The local unit of government may prohibit a use of a public road end that violates this section. (4) A person who violates subsection (1) or (2) is guilty of a misdemeanor punishable by a fine of not more than $ Each 24-hour period in which a violation exists constitutes a separate violation of this section. A peace officer may issue an appearance ticket as authorized by sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g, to a person who violates subsection (1) or (2). (5) This section does not prohibit a person or agency from commencing a civil action for conduct that violates this section. (6) As used in this section: (a) "Local unit of government" means the county, township, city, or village with jurisdiction over a public road. (b) "Public road" means a county road or a township, city, or village street that is open for use by the public. (c) "Public road end" means the terminus of a public road at an inland lake or stream. 43

44 Public Road Ends on Lakes or Streams Whose road is it? Who is the local unit of government? Most public roads in townships are county roads (or state roads) Townships almost never own their own roads Small number of public road ends are subject to restrictions in dedication. 44

45 Public Road Ends on Lakes or Streams Townships or the MDNR may accept a road end from the county as a public access site: The board shall also notify the township or municipality within which the road is situated, the state transportation department, and the department of natural resources if the action concerns any county road or portion of a county road that borders on, crosses, is adjacent to, or ends at a lake or the general course of a stream and the proposed action would result in the loss of public access. MCL (5). Township has first dibs, then MDNR. 45

46 Public Road Ends on Lakes or Streams Township ordinances regulating activities at public boating access site; scope. Sec A township may by ordinance regulate activities at a public boating access site owned by the department and located on an inland lake or stream. However, the scope of the ordinance shall not exceed the scope of applicable rules promulgated or orders issued by the department under section

47 Public Road Running Along Lake A base fee in a public road running parallel to the water has never been thought to divest front-lot property owners of their riparian rights, much less convey riparian rights to the county. In the history of Michigan property law, no Michigan decision has ever suggested these propositions, and every Michigan decision that has addressed the exact issue before us has concluded as we do, that riparian rights rest with the front-lot owners Baum Family Trust v Babel, 488 Mich 136 (2010) 47

48 Road Ends in Plats It is my opinion, therefore, that, while the Legislature has the authority to modify the law, any legislative modification of the judicially established rules of property law that have shaped the rights and expectations of property owners regarding the meaning of public use in the context of platted roads ending at the shore of a lake has the potential to impact existing property rights and would be subject to the constitutional protections against the taking of property without due process and just compensation. Attorney General Opinion No (January 30, 2008) 48

49 Road Ends in Plats Platted subdivision roads dedicated to the public: Publicly dedicated streets that terminate at the edge of navigable waters are generally deemed to provide public access to the water. The members of the public who are entitled to access to navigable waters have a right to use the surface of the water in a reasonable manner for such activities as boating, fishing, and swimming. An incident of the public's right of navigation is the right to anchor boats temporarily. The right of a municipality to build a wharf or dock at the end of a street terminating at the edge of navigable waters is based upon the presumption that the platter intended to give access to the water and permit the building of structures to aid in that access. Jacobs v Lyon Twp, 199 Mich App 667, (1993) 49

50 Road Ends in Plats Platted subdivision roads dedicated to the public: The extent to which the right of public access includes the right to erect a dock or boat hoists or the right to sunbathe and lounge at the road end depends on the scope of the dedication. The intent of the dedicator is to be determined from the language used in the dedication and the surrounding circumstances. Jacobs v Lyon Twp, 199 Mich App 667, (1993) 50

51 Road Ends in Plats Platted subdivision roads dedicated to the public, and if applicable, accepted by the public entity: Members of the public who gain access to a navigable waterbody have a right to use the surface of the water in a reasonable manner for such activities as boating, fishing, and swimming. Lounging, sunbathing, picnicking, and the erection of boat hoists at the road ends are prohibited as beyond the scope of the dedications. Consistent with Jacobs, one, nonexclusive dock may be erected at each road end to facilitate public access to the water. Members of the public are entitled to moor boats temporarily as an incident of the public's right of navigation. [Here] Because the plat language and the applicable law dictate that the road ends are intended to afford access to the public, private docks are not permitted at the road ends. Higgins Lake Prop Owners Ass'n v Gerrish Twp., 255 Mich App 83 (2003) 51

52 Road Ends in Plats MCL (2) If a circuit court determines pursuant to this act that a recorded plat or any part of it that contains a public highway or portion of a public highway that borders on, crosses, is adjacent to, or ends at any lake or the general course of any stream, should be vacated or altered in a manner that would result in a loss of public access, it shall allow the state and, if the subdivision is located in a township, the township to decide whether it wants to maintain the property as an ingress and egress point. If the state or township decides to maintain the property, the court shall order the official or officials to either relinquish control to the state or township if the interest is nontransferable or convey by quitclaim deed whatever interest in the property that is held by the local unit of government to the state or township. The township shall have first priority to obtain the property or control of the property as an ingress and egress point. If the township obtains the property or control of the property as an ingress and egress point and later proposes to transfer the property or control of the property, it shall give the department of natural resources first priority to obtain the property or control of the property. If the state obtains the property or control of the property under this subsection, the property shall be under the jurisdiction of the department of natural resources. The state may retain title to the property, transfer title to a local unit of government, or deed the property to the adjacent property owners. If the property was purchased from restricted fund revenue, money obtained from sale of the property shall be returned to that restricted fund. 52

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54 No-Wake and Other Local Ordinances Natural Resources Environmental Protection Act (NREPA), Part 801 Marine Safety Many marine safety problems are specifically enforceable under Part 801 as rules promulgated by the DNR Limited State Preemption Consistent/conformance with state laws 54

55 No-Wake and Other Local Ordinances Townships may enact specified provisions of Part 801 by ordinance. MCL (3) Local political subdivisions may enact as an ordinance any or all of sections to 80104, to 80124, 80126, 80140, 80141, to 80153, 80155, 80164, 80165, and to Numbering of boats Vessel manufacture certificates Boating and water safety programs Operations of motor boats by children Vessel speeds Operating vessels under influence of alcohol or drugs Reckless operation of watercraft 55

56 No-Wake and Other Local Ordinances Local ordinances may also regulate by ordinance safety problems not specifically enforceable under Part 801 (prior to 1986, DNR also issued special local watercraft rules ) MCL : Where special regulations are determined necessary, the department may establish vessel speed limits; prohibit the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances; restrict the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances by day and hour; establish and designate areas restricted solely to boating, skin or scuba diving, fishing, swimming, or water skiing; and prescribe any other regulations relating to the use or operation of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances that will assure compatible use of state waters and best protect the public safety. The department shall prescribe special local regulations in such a manner as to make the regulations uniform with other special local regulations established on other waters of this state insofar as is reasonably possible. 56

57 No-Wake and Other Local Ordinances MCLs through Following a hearing, township board must submit resolution requesting special local ordinance to DNR DNR may conduct investigation and onsite inspection of lake DNR conducts local public hearing, following notice in newspaper, to determine necessity for ordinance and recommends ordinance to township, providing ordinance language Township adopts DNR ordinance language 57

58 Township Board Special Assessment District (PA 188 of 1954) Lake Boards (NREPA Part 309) 58

59 Special Assessments NOT a tax no ballot question involved ONLY properties (not people) specially benefited may be assessed ALL properties specially benefited must be assessed, in proportion to the benefit received Special benefit measured by increase in property s fair market value with improvement compared to property s fair market value without improvement (not actual before and after) PROPERTY MAY BE FORFEITED IF SPECIAL ASSESSMENT NOT PAID 59

60 Special Assessments PA 188 involves petitions (written objections) Township CANNOT be required to do a special assessment Township may be PREVENTED from doing a special assessment by written objections 60

61 Special Assessments Special assessment is a function of TOWNSHIP AUTHORITY All money collected is public, in township accounts, paid out by township, subject to limits on public funds Lake association, homeowners association, etc., HAS NO AUTHORITY to collect or administer special assessment: May assist township, if township wants assistance, in support of process, like posting treatment signs or getting word out through newsletters, etc. 61

62 Public Improvements, PA 188 Public Act 188 of 1954, Township Public Improvements Act MCL (1): (h) The construction, maintenance, and improvement of erosion control structures or dikes. (l) The eradication or control of aquatic weeds and plants. (n) The construction, improvement, and maintenance of a lake, pond, river, stream, lagoon, or other body of water or of an improvement to the body of water. This subdivision includes, but is not limited to, dredging. (o) The construction, improvement, and maintenance of dams and other structures that retain the waters of this state for recreational purposes. 62

63 Public Improvements, PA 188 PA 188 authorizes townships to spend public money to do what the Act authorizes: On public watercourses, township may spend public money to provide or subsidize a public improvement On private watercourses, township may spend ( front ) public money ONLY if a special assessment will recover ALL of the township s costs 63

64 Part 309 Lake Boards NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (NREPA) Act 451 of 1994 Part 309 INLAND LAKE IMPROVEMENTS 64

65 Part 309 Lake Boards Definitions. Sec As used in this part: (a) Benefit or benefits means advantages resulting from a project to public corporations, the inhabitants of public corporations, the inhabitants of this state, and property within public corporations. Benefit includes benefits that result from elimination of pollution and elimination of flood damage, elimination of water conditions that jeopardize the public health or safety; increase of the value or use of lands and property arising from improving a lake or lakes as a result of the lake project and the improvement or development of a lake for conservation of fish and wildlife and the use, improvement, or development of a lake for fishing, wildlife, boating, swimming, or any other recreational, agricultural, or conservation uses. 65

66 Part 309 Lake Boards MCL As used in this part: (b) Inland lake means a public inland lake or a private inland lake. (c) Interested person means a person who has a record interest in the title to, right of ingress to, or reversionary right to a piece or parcel of land that would be affected by a permanent change in the bottomland of a natural or artificial, public or private inland lake, or adjacent wetland. In all cases, whether having such an interest or not, the department is an interested person. (d) Local governing body means the legislative body of a local unit of government. (e) Preliminary costs includes costs of the engineering feasibility report, economic study, estimate of total cost, and cost of setting up the assessment district. (f) Private inland lake means an inland lake other than a public inland lake. (g) Public inland lake means a lake that is accessible to the public by publicly owned lands or highways contiguous to publicly owned lands or by the bed of a stream, except the Great Lakes and connecting waters. 66

67 Part 309--Lake Boards MCL Petition for improvement of lake or wetland; local governing bodies' powers; lake boards. Sec (1) The local governing body of any local unit of government in which the whole or any part of the waters of any public inland lake is situated, upon its own motion or by petition of 2/3 of the freeholders owning lands abutting the lake, for the protection of the public health, welfare, and safety and the conservation of the natural resources of this state, or to preserve property values around a lake, may provide for the improvement of a lake, or adjacent wetland, and may take steps necessary to remove and properly dispose of undesirable accumulated materials from the bottom of the lake or wetland by dredging, ditching, digging, or other related work. (2) Upon receipt of the petition OR upon its own motion, the local governing body within 60 days shall set up a lake board as provided in section that shall proceed with the necessary steps for improving the lake or to void the proposed project. 67

68 Part 309--Lake Boards MCL Initiation of action by freeholders. Sec Action may be initiated under section relating to any private inland lake ONLY upon petition of 2/3 of the freeholders owning lands abutting the lake. Note: Neither township board nor existing lake board can initiate a project on a private lake without this petition. Crane v Dir of Assessing for Charter Twp of W Bloomfield, No , 2012 WL (Mich Ct App April 19, 2012), app den 828 NW2d 31 (2013) 68

69 Part 309--Lake Boards MCL Lake board; composition; election of chairperson, treasurer, and secretary; quorum; concurrence of majority required; technical data; recommendations. Sec (1) The lake board shall consist of all of the following: (a) A member of the county board of commissioners appointed by the chairperson of the county board of commissioners of each county affected by the lake improvement project; 1 representative of each local unit of government, other than a county, affected by the project, or, if there is only 1 such local unit of government, 2 representatives of that local unit of government, appointed by the legislative body of the local unit of government; and the county drain commissioner or his or her designee, or a member of the county road commission in counties not having a drain commissioner, AND 69

70 Part 309--Lake Boards MCL Lake board; composition; election of chairperson, treasurer, and secretary; quorum; concurrence of majority required; technical data; recommendations. Sec (1) (b) A member elected by the members of the lake board serving pursuant to subdivision (a) at the first meeting of the board or at any time a vacancy exists under this subdivision. Only a person who has an interest in a land contract or a record interest in the title to a piece or parcel of land that abuts the lake to be improved is eligible to be elected and to serve under this subdivision. An organization composed of and representing the majority of lakefront property owners on the affected lake may submit up to 3 names to the board, from which the board shall make its selection. The terms served by this member shall be 4 years in length.* [* No stated term for the rest of the lake board. Common law rule: Members serve at pleasure of appointing authority.] 70

71 Part 309--Lake Boards MCL Lake board; composition; election of chairperson, treasurer, and secretary; quorum; concurrence of majority required; technical data; recommendations. Sec (2) The lake board shall elect a chairperson, treasurer, and secretary. The secretary shall attend meetings of the lake board and shall keep a record of the proceedings and perform other duties delegated by the lake board. A majority of the members of the lake board constitutes a quorum. The concurrence of a majority in any matter within the duties of the board is required for the determination of a matter. 71

72 Part 309 Lake Boards MCL Institution of proceedings for lake improvement; conflicts with local ordinances and charters. Sec (1) Whenever a local governing body, in accordance with section 30902, considers it expedient to have a lake improved, it, by resolution, shall direct the lake board to institute proceedings as prescribed in this part. (2) When the waters of any inland lake are situated in 2 or more local units of government, the improvement of the lake may be determined jointly in the same manner as provided in this part, if the local governing bodies of all local units of government involved determine it to be expedient in accordance with section and, by resolution, direct the lake board to institute proceedings as prescribed in this part. Where local ordinances and charters conflict, this part shall govern. 72

73 Part 309 Lake Boards MCL Lake board; determination of scope of project; establishment of special assessment districts; ministerial duties. Sec The lake board, when instructed by resolution of the local governing body, shall determine the scope of the project and shall establish a special assessment district, including within the special assessment district all parcels of land and local units which will be benefited by the improvement of the lake. The local governing body may delegate to the lake board other ministerial duties including preparation, assembling, and computation of statistical data for use by the board and the superintending, construction, and maintenance of any project under this part, as the local governing body considers necessary. 73

74 Part 309 Lake Boards Lake board is dissolved if all of the following requirements are met (MCL ): Township board conducts hearing on dissolution. For a public inland lake, the township board may initiate dissolution on its own initiative. For a public or private inland lake, the township board shall hold a public hearing on the dissolution of the lake board upon petition of at least 2/3 of the property owners owning land abutting the lake or upon petition of the property owners who have been assessed at least 2/3 of the cost of the most recent improvements, excluding the amount assessed to local units at large. Township board determines that lake board is no longer necessary because the reasons for establishing it no longer exist Township board approves dissolution. All outstanding indebtedness and expenses of the lake board are paid in full. Any excess funds of the lake board are refunded based on the last approved special assessment roll. However, if the amount of excess funds is de minimis, the excess funds shall be distributed to the local units of government in which all or part of the lake is located, apportioned based on the amounts assessed against each local unit of government and lands in that local unit on the last approved special assessment roll. The lake board determines that it is no longer necessary for the improvement of the lake, because the reasons for its establishment no longer exist, and adopts an order approving its dissolution. 74

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76 Dam Safety MDEQ Dam Safety Program Dams are considered private property, so a township may not spend public money on a dam, unless it is to establish or stabilize lake levels. 76

77 Townships May Also Be Involved In Natural Resources Management Watershed Councils River Management Districts Coastal Beach Erosion or Protection Flood Control Zoning Natural Rivers Wetlands Ordinances 77

78 Water Improvement TIFA Public Act 25 of 2013 amended PA 94 of 2008, Water Improvement Tax Increment Finance Authority Act, MCL , et seq., to remove the sunset of that Act and allow for the creation of new authorities, allow for dredging and other improvement projects (including aquatic nuisance control) to be financed under the act, and allow harbors and their tributaries to be included within resource improvement districts, among other things. PA 25 took effect August 9, When local units of government create a tax increment financing authority (TIFA), they generally establish a special district to capture future increases in taxes within the district's boundaries to finance public infrastructure improvement projects within the district; this can include the issuance of bonds to finance projects. The aim of a water resource improvement TIFA under the act is to promote water resource improvement or access to inland lakes, or both, in a water resource district. The act allows local units to exempt their taxes from capture and does not allow the capture of state and local school taxes. 78

79 Water Improvement TIFA (g) "Water resource improvement" means enhancement of water quality and water dependent natural resources, including, but not limited to, the following: (i) The elimination of the causes and the proliferation of aquatic nuisance species, as defined in section 3101 of the natural resources and environmental protection act, 1994 PA 451, MCL (ii) Sewer systems that service existing structures that have failing on-site disposal systems. (iii) Storm water systems that service existing infrastructure. (iv) Dredging, removal of spoils, or other improvements or maintenance activities that enhance navigability of a waterway. (h) "Water resource improvement district" or "district" means 1 or more of the following: (i) An inland body of water and land that is up to 1 mile from the shoreline of an inland lake that contains 1 or more public access points. (ii) An inland body of water and parcels of land that are contiguous to the shoreline of an inland lake that does not contain a public access point. (iii) The shoreline of a harbor on a Great Lake and 1 or more of the following: (A) Land up to 1 mile from the shoreline of the harbor. (B) A tributary to that Great Lake harbor up to 5 miles upstream from the shoreline of the Great Lake harbor. (C) Land up to 1 mile from each bank of the tributary described in sub-subparagraph (B). 79

80 Water Improvement TIFA Township board establishes WRI board by ordinance 5-9 member board May develop a water resource management plan Township board adopts development plan by ordinance Tax increment financing plan, adopted by township board ordinance 80