The answer depends on the farming operation and the structure proposed. Many townships or counties are involved in issuance of a building permit to ensure that new structures meet the State Construction Code Act. This ensures that the structure is properly built. The Act provides an exemption to a building erected solely for agricultural purposes….
Does a farmer constructing a pole barn for livestock have to receive a zoning compliance permit from the township?
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If the township has currently hired its building official as an independent contract, does the township need to now hire its building official as an employee?
In light of the recent State of Michigan Attorney General Opinion No. 7285, many townships have asked whether a building official must be hired as an employee. The answer is not a simple yes or no. Michigan Attorney General Opinions are only persuasive authority in court, not binding. So if a township is challenged in…
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How does the Township Treasurer collect personal property tax from a business in bankruptcy?
A bankruptcy proceeding occurs when an insolvent business (or individual) files a petition, which starts the bankruptcy proceeding. On the date the petition is filed, debts owed by the business are classified as pre-petition debts and post-petition debts. If personal property taxes were due before the filing, that is a pre-petition debt and should be…
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Under the recent amendments to the Michigan Freedom of Information Act (FOIA), now effective July 1, 2015, does the township have to create a website to post meeting notices?
No. The website-related requirements under FOIA only apply if the township actually has an official internet presence. But, a township that “directly or indirectly administers or maintains an official internet presence…” must satisfy the website-posting requirements. This includes the requirement to post online the township’s procedures and guidelines for FOIA requests. Further, any record available…
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Do the amendments to the Michigan Freedom of Information Act (FOIA) allow verbal requests of documents?
Generally, FOIA requires that a request of “public records” be in “writing.” A “writing”, as defined by FOIA, does not include a verbal request. The amendments to FOIA, however, do address verbal requests and place a minimal onerous on township employees to respond. If a verbal request is made, the township employee must inform the…
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I often am confused as to when the Township Board should act through a resolution or through an ordinance. Specifically, can a Township Board change an ordinance by adopting a resolution?
The confusion is understandable as the township board is often addressing resolutions and ordinances in the same meeting. For instance, the township board passes an ordinance adopting the municipal civil infraction system, but adopts a resolution setting the schedule of fees for the issuance of citations under that ordinance. Why? The principle guiding whether to…
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Can the township reject applicants who did not, or will not, disclose disabilities, religious practices or pregnancy that may interfere with their ability to do their job?
Applicants are not legally required to share this type of information with the employer before being hired. The township may not discriminate against a job applicant—or employee—because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Those are called “protected classes” in employment law—and…
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If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use?
If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use? Legally existing uses of land prior to a new or amended zoning ordinance that are not in compliance are considered to be nonconforming uses. A nonconforming use is a vested right in the use…
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How do you see the decisions of the Tax Tribunal, Court of Appeals and Supreme Court of Michigan affecting not only the income of the townships but the state’s tax base going forward?
Any decision of the Tax Tribunal, Court of Appeals or Supreme Court adjusting values on a township’s tax roll will impact the township as well as the other taxing entities, including the state (State Education Tax). In larger cases like the “big box” appeals, potential lost revenue from large, multi-million dollar reductions in taxable value…
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In October, you addressed 10 common myths of the Freedom of Information Act. How will the recent amendments to FOIA impact my township?
The good news is that the advice provided in the October E-Letter is not altered by the recent legislative amendments. You can read those 10 common myths here. The recent legislative amendments, however, primarily impact townships with respect to recovering costs for responding to FOIA requests, increased fines for failing to follow FOIA, and requirements…
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Is a township subject to any penalty or sanction if it fails to comply with the Public Act 152 of 2011, but does not receive Economic Vitality Incentive Program (EVIP) payments?
Act 152 of 2011 expressly limits public employer payments of annual healthcare premium costs for its employees. The Act strictly limits the amount townships may contribute to total annual health care premiums, based either on a “hard cap” or what’s known as the “80/20” plan. Townships, however, may choose to exempt themselves from the Act’s…
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Can township trustees attend township meetings by phone or teleconference?
Yes. Although the Attorney General ruled in 1977 that telephone conferences could not meet Open Meetings Act requirements, the Court of Appeals disagreed in a later case. In Goode v Dept of Soc Services, 143 Mich App 756, 759-60; 373 NW2d 210 (1985), the Court said: “We find no problem with the holding of hearings…
