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(1/19 - 2/23/23 TCR)
NOTICE OF
ORDINANCE
ADOPTION
CHARTER
TOWNSHIP OF
WATERVLIET, MICHIGAN
TO THE RESIDENTS AND PROPERTY OWNERS OF WATERVLIET CHARTER TOWNSHIP AND ALL OTHER INTERESTED PERSONS:
PLEASE TAKE NOTICE that after a second reading conducted during a regular meeting of the Watervliet Charter Township Board held on Monday, Jan. 16, 2023, and after a first reading conducted on Dec. 19, 2022, the Board voted affirmatively to adopt the Code of Watervliet Charter Township as Ordinance No. 88. Below is the true and complete text of the proposed ordinance:
WATERVLIET
CODE ADOPTION
ORDINANCE
THE CODE OF
WATERVLIET CHARTER
TOWNSHIP
ORDINANCE NO. 88
AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF WATERVLIET CHARTER TOWNSHIP, COUNTY OF BERRIEN, STATE OF MICHIGAN; PROVIDING FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES
The Township Board of Watervliet Charter Township, County of Berrien, State of Michigan, hereby ordains:
Sec. 1-1. Adoption of Code.
The ordinance of Watervliet Charter Township, of a general and permanent nature, adopted by the Township Board of Watervliet Charter Township, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 450, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of Watervliet Charter Township,” hereinafter known and referred to as the “Code.”
Sec. 1-2. Code Supersedes Prior Ordinances.
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
Sec. 1-3. Copy of Code on File.
A copy of the Code in loose-leaf form has been filed in the office of the Charter Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of Watervliet Charter Township by impressing thereon the Seal of the Charter Township, as provided by law, and such certified copy shall remain on file in the office of the Charter Township Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Sec. 1-4. Amendments to Code.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the “Code of Watervliet Charter Township” shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
Sec. 1-5. Publication; Filing.
The Clerk of Watervliet Charter Township, pursuant to law, shall cause to be published, in the manner required, a copy of this Adopting Ordinance in a newspaper of general circulation in the Charter Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Sec. 1-6. Adoption; When Effective.
This ordinance shall be published in the manner as required by law. Except as otherwise provided by law, this ordinance shall be effective on the day after final publication.
Sec. 1-7. Code Book to be Kept Up-To-Date.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Sec. 1-8. Sale of Code Book.
Copies of the Code, or any chapter or portions of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Township Board of Watervliet Charter Township. The Clerk shall also arrange for procedures for the periodic supplementation of the Code.
Sec. 1-9. Altering or Tampering with Code; Penalties for Violations.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of Watervliet Charter Township to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing the same.
Sec. 1-10. Severability of Code Provisions.
This Code and the various parts, sections, subsections, paragraphs, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it is hereby provided that the remainder of this Code shall not be affected thereby and shall remain in effect and valid.
Sec. 1-11. Severability of Ordinance Provisions.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
Sec. 1-12. Repeal of Inconsistent Legislation.
A. Except as provided in Sec. 1-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of Watervliet Charter Township which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal of specific provisions. The Township Board of Watervliet Charter Township has determined that the following provisions of the prior Compilation of Ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1) Former Chapter 18.000 House Number Ordinance, of the Compilation of Ordinances.
(2) Former Chapter 20.200, Pornographic Material Control Ordinance, of the Compilation of Ordinances.
(3) Former Chapter 40.000, Abatement of Dangerous Buildings Ordinance, of the Compilation of Ordinances.
Sec. 1-13. Ordinances Saved from Repeal.
The adoption of this Code and the repeal of ordinances provided for in Sec. 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
A. Any ordinance adopted subsequent to August 15, 2022.
B. Any ordinance or portion of any ordinance promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
C. Any ordinance or portion of any ordinance authorizing or approving any contract, deed, or agreement.
D. Any ordinance or portion of any ordinance granting any right or franchise.
E. Any ordinance or portion of any ordinance making or approving any appropriation or budget.
F. Any ordinance or portion of any ordinance providing for salaries or other employee benefits or personnel policies not codified in this Code.
G. Any ordinance or portion of any ordinance levying, imposing, or otherwise relating to taxes not codified in this Code.
H. Any ordinance or portion of any ordinance adopting or amending the Charter Township Master Plan.
I. Any ordinance or portion of any ordinance dedicating, accepting, or vacating any plat or subdivision.
J. Any ordinance or portion of any ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing, or vacating any street, sidewalk, or alley.
K. Any ordinance or portion of any ordinance establishing the grade of any street or sidewalk.
L. Any ordinance or portion of any ordinance levying or imposing any special assessment.
M. Any ordinance rezoning property.
N. Any ordinance regarding special districts.
O. Any ordinance or portion of any ordinance that is temporary although general in effect.
P. Any ordinance or portion of any ordinance that is special although permanent in effect.
Q. Any ordinance or portion of any ordinance the purpose of which has been accomplished.
R. Any Charter Township ordinance (or portions thereof) adopted by reference and not fully incorporated or restated within this Code.
Sec. 1-14. Provisions Deemed Continuation of Existing Ordinances.
The provisions of this Code, insofar as they are substantially the same as the prior Compilation of Ordinances and the ordinances previously adopted by the Charter Township relating to the same subject matter, shall be construed as restatements and continuations thereof and not as entirely new enactments.
Sec. 1-15. Effect on Prior Offenses or Rights.
A. Nothing in this Code (or the ordinance adopting this Code) affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.
B. The adoption of this Code does not authorize any use or the continuation of any use of a structure, building, or premises in violation of any Charter Township ordinance on the effective date of this Code.
Sec. 1-16. Changes in Previously Adopted Ordinances.
A. In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Township Board that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
B. Global revisions; nomenclature changes.
(1) Throughout the Code, references to MSA were deleted.
(2) Throughout the Code, references to “Building Inspector” were revised to read “Building Official.”
(3) In Chapter 397, Subdivision and Site Condominium Development, references to the “Subdivision Control Act” were revised to read “Land Division Act,” with the exception of historically accurate citations.
C. The changes, amendments or revisions as set forth in Schedule A, attached hereto and made a part hereof, are made herewith to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Sec. 1-17. References to Michigan Compiled Laws.
A.Throughout the Code, a reference to “Michigan Compiled Laws” or “MCLA” shall include all sections of law, as last amended, which are assigned a compilation number by the legislative service bureau and are not subsequently repealed.
B. Unless otherwise specifically provided, a reference to all or part of a statute, regardless of whether the words “as amended” are used in the reference, shall include the latest amendments to the statute or part.
WATERVLIET
CHARTER
TOWNSHIP
CODE ADOPTION
ORDINANCE
SCHEDULE A
SPECIFIC REVISIONS AT TIME OF ADOPTION OF CODE
Chapter 1 - General Provisions.
Article 1 - General Penalty: Ordinance Enforcement.
In Sec. 1-2 the term “Township Ordinance Administrator” is revised to read “Ordinance Enforcement Officer.”
Article II. Terminology - Administrative Liability; Fee Changes:
A. The following original sections of Ord. No. 31 are repealed: Sec. I, Designation and Citation of Code; Sec. IV, General Penalty for Violation of Code; continuing Violations; Sec. V, Severability; Sec. VIII, Saving Clause; Sec. IX, Effective Date.
B. In Sec. 1-4:
(1) The definition of CODE is amended to read as follows: CODE - The term “This Code” or “Code” shall mean the Code of the Charter Township of Watervliet, Michigan.
(2) The definition of MCLA (formerly “MCL, MSA”) is amended to read as follows: MCLA - The abbreviation “MCLA” refers to the Michigan Compiled Laws Annotated, as amended.
C. Section 1-5C is added to read as follows:
C. any reference to a state or federal law, or any act adopted by reference, shall be deemed to include such laws or acts as updated and amended from time to time.
Chapter 100, Antennas and Satellite Dishes.
Section 100-3 is amended to revise the fee of $10 to read “shall be established by resolution of the Township Board from time to time.”
Chapter 108, Beaches, Parks and
Parking Lots.
A. Section 108-1 is amended to revise the term “Township Constable: to read “Township Police Department.”
B. Section 108-2 is amended to indicated: “… promulgated by the Watervliet Township Board and/or the Watervliet Township Park Commission,…”
C. Section 108-4A is amended to replace the two instances of nonresident parking fees with the wording “established by resolution of the Township Board from time to time.”
D. Section 108-6 is amended to increase the maximum fine from $100 to $500.
Chapter 145 - Cemeteries.
Section 145-12 is amended to increase the maximum fine from $100 to $500.
Chapter 160 - Construction Standards.
Article I - Electrical Code
Section 160 - 1 is amended to change the term “Michigan Department of Labor” to read “State of Michigan.”
Article III - Mechanical Code Enforcing Agency
Section 160-6 is amended to change “Section 9 of Act 230, P.A. 1972” to read “Section 8b of act 230, P.A. 1972 (MCLA Sec. 125.1508b).”
Article IV - Building Code
A. Section 160-7 is amended to read as follows: Pursuant to the provisions of Section 8a and 8b of the State Construction Code Act, as amended (Act No. 230 of the Public Acts of Michigan of 1972, as amended, being MCLA Sec. 125.1501 et seq.), Watervliet Charter Township hereby adopts by reference the Michigan Building Code. The Township assumes responsibility for the administration and enforcement of the Construction Code and the Act within the Township.
B. Section 160-8 is amended to delete the phrase “2003 Edition” following “Codes.”
Chapter 187 - Entertainment, Public.
Section 187-5 is amended to increase
the maximum fine from $100 to $500.
Chapter 250 - Land Division.
A. In Sec. 250-2 the definition of
“Division” is amended to add the
phrase “thereof or by his or her heirs,
executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease for more than one year, or of” and to delete the reference to “P.A. 87 of 1997” following “Michigan Land Division Act.”
B. Section 250-4F is amended to read as follows: A fee established by resolution of the Township Board to cover the costs of review of the application and administration of this chapter and the State Land Division Act.
Chapter 257 - Landfill Disposal.
A. In Sec. 257-1, the definition of “Sanitary Landfill” is amended to change the reference to “Michigan Act 641 of P.A. 1978” to read “MCLA Sec. 324.1`1501 et seq.”
B. Section 257-2B is amended to replace the specific annual license fee of $50 with the wording “shall be established by resolution of the Township Board from time to time.”
C. Section 257-3B is amended to replace the term “manager” with “Supervisor” preceding the phrase “…shall examine the premises…”
D. Section 257-5A is amended to increase the maximum fine from $100 to $500.
Chapter 268 - Lighting.
Section 268-5 is amended to increase the maximum fine from $100 to $500.
Chapter 273 - Liquor Control.
A. Section 273-2 is amended to change the phrase “Michigan Liquor Control Act, being Act No. 8 of the Michigan Public Acts of 1933” to read “Michigan Liquor Control Code of 1998 (MCLA Sec. 436.1101 et seq.).”
B. Section 273-6B is amended to increase the maximum fine from $100 to $500.
Chapter 281 - Lot Division.
Section 281-3 is amended to increase
the maximum fine from $100 to
$500.
Chapter 332 - Nuisance.
Section 299-3A is amended to increase the maximum fine from $100 to $500.
Chapter 332 -
Property Maintenance.
A. Section 332-1 is amended to revise “2006 Edition” to read “2018 Edition.”
B. Section 332-2B is amended to read as follows: Section 103.5 Insert: “Fee schedule as established by resolution of the Township Board from time to time.”
Chapter 355 - Sewer System.
A. Section 355-2 is amended to include the phrase “the effective date of this chapter” at the end thereof.
B. In Sec. 355-5 Subsections F and I are amended to change the term “State Board of Health” to read “Department of Environment, Great Lakes and Energy, Water Resources Division.”
C. In Sec. 355-6, subsections B and C(1), (2) and (3) are amended to replace the specific permit and inspection fees and the various tap-in charge amounts with the wording “as established by resolution of the Township Board from time to time.”
D. Section 366-6D, lead-in paragraph, is amended to change the term “State Board of Licensing and Regulation” to read “ Department of Licensing and Regulatory Affairs.”
E. Section 355-9E(2) is amended to increase the maximum fine from $100 to $500.
F. Section 355-11E is amended to revise the minimum fine of $100 to a maximum fine of $500.
Chapter 360 - Sewer use and Industrial Pretreatment.
In Sec. 360-6:
A. The definition of “Significant Industrial User” is amended to delete the phrase “Except as provided in Paragraph (aa)(2) of this section,” from the beginning of the definition.
B. In the definition of “Significant Noncompliance” (SNC), Subsection D is amended as indicated: “…its emergency authority under paragraph (f)(l)(vi)(B) of this section to halt or prevent such discharge…”
Chapter 390 - Streets and Sidewalks.
Article I - Private Roads
Section 390-10 is amended to increase the maximum fine from $100 to $500.
Chapter 397 - Subdivision and Site Condominium Development.
A. In Sec. 397-4C, the definition of “Condominium Unit” is amended to revise the term “Michigan Department of Commerce” to read “ Michigan Department of Licensing and Regulatory Affairs.”
B. Section 397-14A (13) is amended as indicated:
“A fee of $250 for up to 10 building sites plus $25 for each additional building site in excess of 10 established by resolution of the Township Board from time to time.”
C. Section 397-15A (4) is amended as indicated:
“A fee of $250 for up to 10 building sites plus $25 per building site in excess of 10 established by resolution of the Township Board from time to time.
Chapter 450 - Zoning.
A. Section 450-8A is amended to revise the term “Michigan Uniform Building Code” to read “Michigan Building Code.”
B. Section 450-14C(2) is amended to update the reference to “Mobile Home Commission Act, Act 419, P.A. 1976” to read “Mobile Home Commission Act, Act 96 of the Public Acts of 1987 (MCLA Sec. 125.2301 et seq.).”
C. Section 450-18C(11)(b) is amended to revise the term “Michigan Uniform Building Code-2003 Edition” to read “Michigan Building Code.”
D. Section 450-20C(1), second sentence, is amended as indicated: “…The Township Board and Planning Commission shall utilize the standards and criteria of Act 171 of the Public Acts of 1970, Act 368 of 1978, being the Michigan Public Health Code, as amended, MCLA Sec. 333.1101 et seq. as modified by Regulations 325.540 of the State Health Commission in evaluating the site plan for approval under this section.
E. Section 450-68D(6) is amended to update the reference to “Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968” to read “Act 451, Public Acts of 1995, as amended, MCLA Sec. 324.3101 et seq., Water Resources Protection.”
F. Section 450-74A is amended to change the reference to the 2009 Edition of the Michigan Building Code to the 2018 Edition.
G. Section 450-90B(3) is amended to correct the reference to former “Article XVIII, Section 1.05 of this ordinance” to read “the definition of “dwelling, single-family” in Sec. 450-92 of this chapter.”
H. In Sec. 450-92, the definition of “Mobile Home Park” is amended to update the reference to “Mobile Home Commission Act, being Act 419 of the Public Acts of 1976” to read “Mobile Home Commission Act, being Act 96 of the Public Acts of 1987 (MCLA Sec. 125.2301 et seq.).”
I. In Sec. 450-92, the definition of “Mobile Home Subdivision” is amended to update the reference to the “State Subdivision Control Act” to read “Land Division Act” and to replace the former reference to “being Act 288 of the Public Acts of 1967” with “MCLA Sec. 560.101 et seq.”
J. Attachment 1 to Chapter 450, the Schedule of District Regulations: Yard, Height and Lot Size Requirements for Principal and Accessory Uses, is amended to revise the wording for the RMH entry as indicated: “Standards in this district in compliance with P.A. 96 of 1987, as amended (MCLA Sec. 125.2301 et. seq.), and Ordinance No.______ and Ch. 450. Zoning.”
PLEASE TAKE FURTHER NOTICE that this Ordinance will become effective upon publication. Copies of the Ordinance are available at the Township Hall, 4959 M-140 Highway, Watervliet, MI. 49098, for purchase or inspection. Copies of the Ordinance may be mailed to interested persons upon the reception of a $5.00 fee. Inquiries may be directed to the Township Clerk at (269) 463-5113.
Patricia J. Bambrick, Clerk
Watervliet Charter Township
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