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Newkirk Township Planning Commission 

Meeting dates: All meeting at 7:00PM

 Thursday, July 29    Thursday, August 26        Thursday, September 30            Thursday, October 28

Thursday, November 11            December - no meeting

                   Luther-Newkirk Municipal Hall ,    301 State St, Luther MI  49656

                 Send Correspondence to P.O. Box 308, Luther, Michigan 49656

Survey Results
Word Format - Survey Results

                                          Newkirk Township

                                                     Master Plan

                                           Adopted January 22, 2009

North and South Newkirk Township

Lake County, Michigan

  Prepared By:

Newkirk Township Planning Commission

Table of Contents

Introduction                                                                                                              Page 4

Planning Process                                              

Planning Process

Intent of Plan

Township Characteristics                                                                    Page 5

History

Population analysis

Township Services

Significant Environmental Conditions

Public Opinion Survey and Findings                                                                      Page 13

Overview

Survey Content

Survey Results

Existing Land Use Analysis                                                                       Page 14

Land Use Classifications and Definitions

Residential

Commercial

Institutional

Parks and Recreation

Industrial

Agricultural

Vacant / Undeveloped

Land Use

Land Use Goals and Policies                                                                       Page 19

The Environment

Community Services

Residential Growth

Housing

Quality of Life

Recreation

Commercial Growth

Industrial Development

Future Land Use                                                                                                      Page 22

Population and Housing Projections

Implementation                                                                                                 Page 25

Public and Private Coordination

Cooperation

Development Impact

Implementation Schedule

Maps                                                                                                                           Page 27

 Introduction

This  Plan is the culmination of many months work by the Newkirk Township Planning Commission.  (Newkirk Township refers to North and South Newkirk Township.) Newkirk Township became involved in land use planning after the 2004 Lake County Zoning Ordinance was defeated in the 2005 vote. The Township Board recognized the need for long range planning and held a public meeting to get input from the residents and property owners. After full consideration, committee members were appointed and the planning commission was created on October 10, 2005. 

The commission created a survey questionnaire that was mailed out with the summer 2006 taxes to solicit input from the residents and property owners of the area. The results of the questionnaire were used to help form this Land Use Plan and are included as a part of the plan. Quite simply, the Commission in formulation of this plan analyzed the history of the Townships growth, the current status of its development, and the projection of what the Township would look like in the future.

The desire to preserve the character that attracts people to Newkirk Township (the “Township”) is one reason for adopting a master plan and updating it as needed.  In accordance with the authority and intent of Act 184 of the Public Acts of 1943, as amended, the Township desires to provide for orderly development which is essential to the well-being of the community, while placing no unreasonable burden upon developers, industry, commerce, residents, food producers, the environment, natural resources, or energy conservation.  The Master Plan can be thought of as a reference picture, which shows the Township’s vision of its future, emphasizing planning rather than merely reacting to development.  As time passes and circumstances change, this Master Plan allows for review and adjustment.

Land use planning involves the complex interrelationship of two basic resources, land resources and human resources.  The land is a fixed irreplaceable, non-expandable resource.  Population is an expanding and mobile resource.  Individually and socially, we need a method not only to anticipate change, but also to effectively meet the resulting demands of change.  A master plan provides the recognized framework for making decisions about land use in a township.  Although this document is not considered law by itself, it carries legal weight when applied to specific land use decisions.

The basic intent of the Newkirk Township Land Use Plan (i.e., the Master Plan) is twofold.  First, it is the careful study and analysis of the Township’s physical and human resources, followed by policies to guide future public decisions relative to development and land use in Newkirk Township.  This future generalized plan will provide a basis for the Township’s zoning ordinance.  Second, this plan is also intended for use by the private sector.  By establishing a firm public policy, it will reduce much uncertainty that would be associated with private development decisions that are made in an atmosphere of no specific public policies.  Therefore, the plan will enable private businesses and individuals to make more knowledgeable decisions. In this way the plan will serve as a tool for the promotion of economic development, job creation and an overall high quality of life.

Township Characteristics

History

 The first settlers were the Ottawa Indians, but the Pottawatomie tribe later displaced many of the Ottawa’s.  Wild game and fish of all species were abundant during that period, which made this area ideal for easy survival.  Some of the Grand River Ottawa tribe have stayed and settled in the area and some families remain to this day.

  The arrival of the pioneers in 1862 brought settlements and homesteads to the area. Grand Rapids was the starting point for the journey to this undeveloped country.  The pioneers loaded their belongings and implements on lumber wagons (which also served as stagecoaches) and set out for the North Country.  The eastern boundary of the township near the Little Manistee River came by way of State Road.  The State Road was a road north from Grand Rapids perfectly straight to Traverse City, cutting through hills and vale covered with strands of virgin timber.  It served primarily as a freight line, many pioneers journeyed this route in search of undeveloped North Country land for their homes.  The main street of Luther is part of that frontier trail.

 The State Road later became the boundary between Ellsworth, Dover and North and South Newkirk Townships.  The original plat of Luther was recorded March 14, 1882. Luther lay on both sides of State Street placing part in Ellsworth Township and part in Newkirk Township.

 In 1871, Newkirk Township was called Killbuck, until it became Glencoe in 1875.  Glencoe was deactivated and became part of Newkirk Township in 1899, the size (12X6 square miles) and location of the township has remained the same since that date.  Newkirk Township was named after Henry Wirt Newkirk who moved to Lake County in 1886 to publish a newspaper, the Luther Enterprise.  He was appointed Lake County prosecuting attorney in 1889 and was elected to that office the following term.  He was then elected to the State House from 1893 to 1894.

 Small settlements such as Careyville (Carrieville), sprung up, which was originally platted in 1883, located on Kings Highway in Section 15 of South Newkirk Township.  In its prime of 1885, it boasted a population of some 300 people.  Its beginning centered around the lumbering business.  Beautiful stands of virgin pine were the first trees cut.  It is very difficult for us today to imagine the size of these trees, but keep in mind that they had been growing hundreds of years, untouched by any human existence or interference.  The size of some deteriorating pine stumps, still found today, attest to the trees’ immensity.  The logging business tended to follow rivers, cutting through the wilderness from the riverbanks.  The Pine River was to the North of the township and the Little Manistee River was to the south.  Many lumber camps sprung up along these rivers.

 Two railroads ran through the area; the Grand Rapids and Indiana Railroad began laying track to Luther in 1882.  It was a spur line running from Orono to Deer Lake, Totten, Luther and Careyville.  In the late 1880’s, the Manistee and Grand Rapids Railroad was built through Luther.  This railroad was primarily a passenger and freight line built by lumber magnates from Manistee.

 An important attraction to the lumbering business was the “turntable” for the Grand Rapids and Indiana railroad, which was located in Careyville.  A turntable is just that, a table whereby trains coming to the end of the track could be turned around and headed back in the opposite direction.

 The lumber companies eventually harvested the vast stands of virgin timber so that by the early 1900’s little timber remained.  As the lumber diminished, so did the population.  Careyville had dropped to under 50 people and in 1905 it was listed as a “discontinued post office”.

 Large and small area farms abounded in the 1930’s, as the only source of income was to work the land.  As the population diminished in the late 1930’s the local business operators began to rely more and more on tourist revenue.

 Deer and small-game hunters, along with trout fishermen started flocking to the region.  Lake County had a closed deer season for several years and the deer herds grew to tremendous proportions in the late “30’s.  It was normal to drive the back roads of the area at sunset and see a hundred or more deer in a herd.  The Conservation Department finally opened Lake County to deer hunting and virtual armies of hunters filled the woods.  To this day, a large measure of the local economy is based on tourists who come here to hunt, fish, pick mushrooms, and enjoy our beautiful rivers, lakes, streams campgrounds and recreational trails.

 Newkirk Township contains 22,615 acres of the Pere Marquette State Forest and 3,935 acres of the Manistee National Forest.  Popularity has grown for the sports of ATV’s, snowmobiling, cross country skiing, and hiking the trails.  The miles of State and local trails are maintained and groomed for the safety and pleasure of the people who call this area home and the many visitors who explore the scenic natural beauty of the area.

  Population Analysis

 Newkirk Township has grown by 41% over the past 30 years.  In comparison to Lake County which has grown 100.2%.  Rapid or slow growth will impact the physical and social characteristics on the area.  Planning for this growth is critical to insure infrastructure and services in Newkirk Township.  It is projected that the township will grow an additional 11% by 2010.

 As of the census in 2000, there were 719 people 302 households and 199 families residing in the township.  The population density was 9.9 people per square mile.  There were 767 housing units at an average density of 10.5 per mile.  The racial makeup of the township was 93.74% White, .014% African American, 2.64% Native American, 0.14% Asian, 0.42% from other races, and 2.92% from two or more races.  Hispanic or Latino of any race was 2.09% of the population.

 There were 302 households out of which 25.8% had children under the age of 18 living with them, 53.0% were married couples living together, 9.6% had a female householder with no husband present, and 34.1% were non-families.  30.1% of all households were made up of individuals and 14.2% had someone living alone who was 65 years of age or older.  The average household size was 2.38 and the average family size was 2.90.

 In the township, the population was spread out with 24.8% under the age of 18, 6.0% from 18-24, 24.1% from 25 to 44, 24.9% from 45 to 64, and 20.3% who were 65 years of age or older.  The median age was 43 years.  For every 100 females, there were 99.2 males.  For every 100 females age 18 and over, there were 105.7 males.

 The median income for a household in the township was $23,636, and the median income for a family was $26,932.  Males had a median income of $25,893 versus $19,464 for females.  The per capita income for the township was $11,432.  Below the poverty line were 25.1% people, 19.1% of families, 37.2% of those under 18 and 14.1% of those over 64.

 Land area:  72.8 sq. mi.

Water area:  0.1 sq. mi

Population: 719 (all rural)

Housing count:  767

 Races in Newkirk Township:

• White Non-Hispanic:  92.8%
• Black:  0.1%
• American Indian and Alaska Native:  2.6%
• Asian:  0.1%
• Two or more races:  2.2%

  Median age of males:  43

Median age of females:  40.8

 Average household size:  2.38

Average family size:  2.90

 Villages in this township include:  Luther

 Notable locations in Newkirk township:  Carrieville Recreation Site, Lincoln Bridge Canoe Access, Elm Flats Canoe Access, Silver Creek Campground

 Cemetery:  North Park Cemetery

 Lakes and Swamps:  Ahmikwam Lake, Lost Lake, Stewart Lake, Baldwin Luther Swamp, Baylor Swamp, Conant Marsh.

 Creeks:  Silver Creek, Twin Creek, Poplar Creek

 Rivers:  Little Manistee, Pine River

 Foreign-born population:  7 (1.0%) (0.7% are naturalized citizens)

 58% of Newkirk township residents lived in the same house 5 years ago

 Township Services

Given the rural nature and small population in Newkirk Township there are few services and very little infrastructure within the Township.  All dwellings in the Township are served by individual wells and septic systems.  The Township does not have its own police force, and as a result, contracts with Lake County Sheriff for police patrols and protection.  The Township does have its own Fire Department which is a part-time volunteer department. 

There are no hospitals in the Township and the only Government building is a shared Township Hall and Luther Village Office.

The Township is located within the Pine River, Baldwin, and Cadillac School Districts.

 No portion of the Township is serviced by Natural gas and most residents and businesses use propane.  Most areas within the Township are serviced by electric and telephone lines. 

 DSL high speed data transmission lines are now available within a 2 mile radius of the Village of Luther.

Post Office – United States Government

209 State Street

Luther, MI 49656

Phone:  (231) 797-5421

Luther Area Public Library

115 State Street

Luther, MI  49656

Phone:  (231) 797-8006

Email:  lutherlibrary@att.net

Fax:  (231) 797-8010

Public Hours:  M, W, F  10:30 – 6; Thurs 2-6; and Sat 10:30 – 1:30

County:  Lake

Lake County Road Commission

103 Garfield Street

Luther, MI  49656

Phone:  (231) 797-5271

Luther Fire District #1

Luther, MI  49656

Phone:  911

Schools Available

Luther Elementary

900 State Street

Luther, MI  49656

Phone:  (231) 797-5201

Fax:  (231) 797-5663

District:  Pine River Area Schools

LeRoy Elementary

408 Gilbert Street

LeRoy, MI  49655

Phone:  (231) 768-4481Fax:  (231) 768-4048

District:  Pine River Area Schools

Tustin Elementary

107 Bremer Street

Tustin MI  49688

Phone:  (231) 829-3251

Fax:  (231) 829-3300

District:  Pine River Area Schools

Pine River Middle School

17445 Pine River Road

LeRoy, MI  49655

Phone:  (231) 829-4064

Fax:  (231) 829-3041

District:  Pine River Area Schools

Pine River High School

17445 Pine River Road

LeRoy, MI  49655

Phone:(231)829-3881

District:  Pine River Area Schools

(Baldwin, Cadillac, Wexford-Misaukee ISD, and Mason-Lake ISD are also available to Newkirk Township Residents.)  

Trash Clean-Up

Third Saturday of August Luther-Newkirk Hall

 There is an annual trash cleanup held the third Saturday of August behind the Luther-Newkirk Hall. 

 Hazardous Waste Pick Up

 Hazardous waste pick up is scheduled by the county in the fall on an annual basis

 Significant Environmental Conditions

 Newkirk Township is located in the near northwestern quarter of Lake County.  This double-sized township, (12 x 6 square miles), is basically a low population density  area consisting of freshwater swamp, feeding the Baldwin River to the south, scrub brush, woods and an occasional farm.  Half of the township is scattered in parts of the Pere Marquette State Forest.  It is loaded with two-track trails and is a great place for riding ATV’s and snowmobiles, and also is a destination for trout fishermen and hunters.

 Approximately 49 % of the Township is State Forest land that is available for public use.  Also 8% of the Township is Federal Forests.

 Recreation

 The natural beauty and peaceful atmosphere of Newkirk Township make it an ideal place to vacation, live or retire.  The waters of the lakes and rivers offer great fishing, paddling and other opportunities.  The forest provides excellent snowmobiling, 4-wheeling, hunting, camping and hiking.  It is essential that these conditions persist in the future. Many of the residents of Newkirk Township are here on a seasonal basis, and are attracted by the area’s natural beauty and recreational opportunities.  As reported in the 2000 census 57 % of the houses are for seasonal and recreational use only.  If the recreational opportunities disappear, then so will the tourists, which will devastate the local economy costing many permanent residents their jobs.  To prevent this problem from occurring, careful planning must be part of Newkirk Township’s development.

 The rivers, lakes and streams of Newkirk Township have excellent water quality and provide a good environment for aquatic life.  The cold-water streams support a variety of fish species, attracting fishing enthusiasts from all over.  Steps must be taken to avoid contamination and pollution of these waters. Other important resources that attract many visitors are the campgrounds found in the Township.  The following is a description of these campgrounds:

Carrieville State Forest Campground

Phone:  (231) 775-9727

Description:  Excellent trout fishing can be found on-site in the Little Manistee River.  For the off-road vehicle enthusiast the Little Manistee trail, which are accessible on-site features 47 miles of motorcycle, ATV, and ORV trails.  This 25-site campground is located about 3 miles west of Luther in Lake County.  Carrieville SFC offers a rustic camping experience with vault toilets and hand pumped water.

Pere Marquette State Forest

Lincoln Bridge State Forest Campground

7 miles N. of Luther via State Road and 10 Mile Road

Luther, MI  49656

Phone:  (231) 775-9727

Description:  Lincoln Bridge State Forest Campground is a 9-site campground located about 7 miles north of Luther in Lake County.  Lincoln Bridge SFC offers a rustic camping experience with vault toilets and potable water from a hand pumped well.  The campground provides excellent opportunities for canoeing and trout fishing on the Pine River and Silver Creek and is accessible by water from the Pine River with carry-in access on site.  The Silver Creek pathway, which is accessible on-site, contains 4 miles of hiking biking, and cross-country skiing trails.  An additional 8.2 miles of trails are available on the Pine Valley Pathway located 8 miles SW.  Off-road and ATV enthusiasts can enjoy over 20 miles of

trails in the adjacent Lincoln Hills.

Silver Creek State Forest Campground

Silver Creek State Forest Campground

State Road

Luther, MI  49656

Phone:  (231) 775-9727

Fax (517) 373-2443

Description:  Silver Creek State Forest Campground is a 26-site campground located about 5.5 miles north of Luther in Lake County.  Silver Creek SFC offers a rustic camping experience with vault toilets and potable water from a hand pumped well.  The Pine River and Silver Creek, both of which flow through the campground, provide opportunities for trout fishing and canoeing.  Carry-in canoe access is available on-site.  The Silver Creek Pathway has 4 miles of hiking and mountain biking trails.  Lincoln Hills, (adjacent to the campground) offers 21 miles of cycle/ATV trail and 23 miles of full-sized vehicle ORV route.

There are many trails that form a network through the Township and Lake County.  Some trails are foot-trails; others are for motorcycles, ATV’s and snowmobiles.  These trails should be maintained to promote tourism in all seasons as well as to protect the health and safety of users.  The trail system is vast and varies in length.

 Employment

 Most of the detailed employment data is on a County level with very little employment and unemployment data available for Newkirk Township.  Employment data from the 2000 census for Newkirk Township shows the largest employment sector as manufacturing.  The second highest being education, health and social services.  Employment projections show a modest growth with service jobs showing the greatest increase.

 Forestry and Lumbering

 The forests serve as an economic asset to Newkirk Township. While the hey day of lumbering has long since past, lumbering and lumber products and other natural outgrowth such as use of this land for recreations, is still an important aspect of the Township.

 The Michigan Department of Natural Resources and the US Forest Service publicly own large areas of Newkirk forests.  Jointly, they own approximately 26,550 acres in Newkirk Township. 

 Much of the privately owned land as well as public lands are managed and forested for timber and other forest products.

 Public Opinion Survey and Findings

1. Overview:

 In order for the planning process to be effective, the plan must adequately reflect the needs and perspectives of the Township’s residents, property tax payers and community leaders.  The Township distributed a Newkirk Planning Board Survey to property owners in July 2006 using the property tax rolls.  Response to the Survey was approximately 12.65%.The overall Survey results show that the property owners wish to maintain the rural atmosphere of Newkirk Township and are not opposed to allowing some industry in suitable areas of the Township in order to create jobs. The majority felt that Planning/Zoning would positively impact the Township appearance. 

2. Survey Content:

 Property owners were asked to state how they felt on a series of statements relating to a variety of existing and future issues with the Township.  Most questions asked for a yes or no answer while some had multiple choice options.  Results were compiled.  The top answer/answers will be provided listing the top three as well as the percentages if the question was a yes or no.  A complete list of the survey results is available on the Newkirk Township Website at www.newkirktownship.com. 

3. Survey Results:

1. Would you be opposed to a central business district/strip mall in our township. No
2. Would you like to allow cell/phone towers in our township?  Yes – 78.10%
3. Would you like to open up our township to multiple housing either by way of a mobile home park or condominiums/apartments?  No – 65.71%

4. Would you like to see more paved roads in Newkirk Township?  Yes – 46.67%, No – 46.67%

5. Do you feel planning/zoning would positively impact the appearance of Newkirk Township?  Yes – 63.81%
6. Would you encourage the development of industry in suitable areas of Newkirk Township?  Yes – 62.86%
7. Do you feel maintaining the rural atmosphere of Newkirk Township is important?  Yes – 87.62%
8. Other townships have larger/smaller lot sizes to build on.  What residential lot size do you feel is sufficient to build on in Newkirk Township?  No answer, 1 Acre and 5 Acres.
9. Would you like to see more trails, campgrounds, or recreational areas in Newkirk Township?  Yes – 45.71%

10. What is your primary reason for owning property/living in Newkirk Township?  Rural atmosphere, beauty, quietness, hunting, fishing and camping.
11. What are the top three issues that you feel Newkirk Township currently faces?  Junk Auto & Junk Machinery, vacant older mobile homes and desire to maintain rural atmosphere.

12. What would you like to see done to preserve the natural areas, rivers, streams, and lakes in Newkirk Township?  Protect and maintain the areas natural resources.
13. What is your vision for Newkirk Township in the future?  Ensure a clean, quiet, peaceful and rural atmosphere.

14. Do you have any additional questions, concerns or comments?  The top issue was to keep the area clean and get rid of the blight.

Existing Land Use Analysis

Introduction

In order to plan for future land use within the Township, it is necessary to identify and analyze how land is currently used.  A map and a description of current land use categories and distribution is included in this section of the plan.

Land Use Classifications/Definitions

Newkirk Township encompasses 46,080 acres and is composed primarily of undeveloped woodlands, cleared forested areas and single family homes.  The table below shows the distribution of major land uses within the Township.

Land Use

Residential

Parcels in which the main use is dedicated to a residential dwelling unit or units, associated driveways and accessory buildings.  Areas identified as residential could include one of the following land uses and may or may not be occupied year-round.

 Single-Family – one detached or attached (duplex) dwelling unit on a single parcel.

 Multiple-Family – a single building or multiple buildings containing three or more dwelling units in each building.

 Manufactured/Modular – a residential unit that is manufactured off-site, transported to the building site, and assembled for occupancy.  These units may or may not be placed on a permanent foundation with or without a basement.

 Commercial/Office

 Retail and service businesses which provide goods for sale or offer services.  Facilities where wholesale items sold are also included in this category.  These areas generally cater to automobile traffic.  Buildings and related parking areas, which serve these businesses and their patrons, are also included.

 Institutional – (Schools, Churches, Cemeteries and other non profit organizations)

 An area or facility used by the Township, Public Utility, County, School District, religions, nonprofit, or State agency to meet the needs of the community.  This includes Township offices, schools, and public meeting and parking spaces and other public uses.  Institutional also includes land uses often deemed:

 Quasi-Public – An area or facility used by a limited number of persons with particular interests, and nonprofit organizations, such as churches, day care centers, private schools, private clubs and related activities.

 Public Utility – An area of facility not generally accessible to the public but used to provide services to the community, such as water towers, cellular towers, wastewater treatment areas and water pumping stations.

 Cemetery – An area used for the burial and memorial of the deceased.  Facilities for memorial services may also exist on the site.

 Parks and Recreation Areas

 An area or facility used for recreational activities (public or private).  This category includes structures, adjacent land and parking areas dedicated for the use of employees and customers.

 Woodland Areas

Lands primarily covered with deciduous and coniferous species of trees.  These forested areas are both publicly and privately owned.  Lands in this category consist of both suitable and unsuitable areas for development.

Industrial

Manufacturing, fabricating, processing, warehousing and wholesale business activities are the primary land uses.  These areas also include the related parking and storage areas adjacent to the primary production facilities.

Agricultural Areas

  Agricultural areas are primarily croplands as well as permanent pasture and orchards.  Agricultural lands can include the farmstead occupying the land.  Common agricultural lands in the Township also include Christmas tree farms.

Vacant/Undeveloped Land

  This category includes land that has not been developed or areas that cannot be placed in the other categories noted above.  Undeveloped or vacant land may or may not be suitable for development.  These areas include abandoned agricultural fields and floodplains, and generally are not heavily covered with vegetation.

Land Use

 Newkirk Township encompasses 46,080 acres or 72 square miles and is composed primarily of undeveloped woodland areas, cleared forested areas, and single-family homes.

  Residential – Residential uses of all types, including single-family, two-family and multiple-family housing, along with manufactured homes and seasonal trailers, accounts for 11,349 acres in Newkirk Township, for an average gross density of 1 residential unit to every 14 residential acres.  The Existing Land Use map graphically displays the distribution of residential land use within Newkirk Township.  Heavy concentrations of residential development can be found in the Village of Luther, Twin Creek, Carrieville, Alpine Village, State Road and M-37 areas.

 The balance of the single-family development is located along the edge of the major roads in the Township.  Such development along the edges of the streets, while common in many rural areas, is not considered the most efficient approach to land utilization.  Michigan’s Subdivision Control Act, which was subsequently amended by the Land Division Act, facilitated splitting larger parcels into smaller lots along roadways.  There are negative impacts that result from these corridor developments.  Because lots are developed along County roads, which are in effect perimeter roads surrounding full sections, the interior portions of the sections are typically not used and can pose a problem in areas where agricultural production is common.  This problem is less significant in Newkirk Township as agricultural production is limited, and large tracts of land are state or federally owned.  However, over time with the need to accommodate future growth in the Township it is possible that state and or federal land located along the County roads may become available for development.  If this occurs it is more likely that the number of homes along the perimeter roadways will increase.

 As perimeter lots develop, the preservation of the rural landscape becomes more difficult, in effect changing the visual character of the Township.  In addition, each developed lot requires at least one driveway.  As the number of lots and houses increase, so does the number of driveways.  Over time, the propensity for vehicular accidents will increase.  These past development trends should be changed over time and future residential development should be guided by the Township to ensure the rural character of the Township remains.

 Agricultural – Agricultural land uses account for approximately 3,624 acres in the Township.  The majority of the farmland within the Township is located in Sections 22, 27, 34, 35, and 36.  Agricultural production in the Township consists of Christmas Trees, pasture land, livestock production, hay and small grains.

 There are 4,194 acres of land classified as Timber Cut Over in the Township.  The majority of land in this classification is in section 25, 26, and 34 in South Newkirk and section 3, and 24 in North Newkirk.

 Commercial – Commercial uses covers 15 acres of the Township representing .03 percent of the Township’s developed land area.

 Baldwin is the County Seat of Lake County.  Township residents probably do much of their convenience shopping in Luther or Baldwin, while much of the comparison shopping (appliance, clothing, sporting goods, etc.) is available in the larger shopping communities such as Ludington, Big Rapids, Traverse City, or Cadillac.  Most of the stores in these larger commercial centers are within a 45 minutes to a 1-hour drive from Newkirk Township.

 Industrial – At the present time there is no land in the township that is classified as industrial.

 Institutional/Public/Quasi-Public – The areas defined as institutional include buildings and structures that are under the ownership and jurisdiction of public and quasi-public entities.  These land uses occupy 339 acres or .74 percent of the Township’s geographic area.  The institutional lands consist primarily of churches, cemeteries, public memorial sites, municipal offices and Township and County support facilities such as the fire department, parks and recreation areas. 

 Summary

Newkirk Township has an area of 46,080 acres of which approximately 60 percent can be classified in a natural state or as underdeveloped.   Much of this land is under the control of State and or Federal agencies and insures much will remain undeveloped in the future.  Growth in the Township in the recent past has been generally limited to residential development and commercial development to a lesser extent. 

Newkirk Township Land Use Goals

The Environment

 Ensure that development takes place in an environmentally sound manner.  That the potential for flood hazard, soil erosion, disturbances to the natural drainage network, and surface and groundwater contamination are minimized, thereby protecting natural resources and preserving scenic and environmental quality.

Policies:

Develop land use restrictions along streams, lakes, wetlands and other environmentally sensitive and unique areas in the Township.

 Retain the limited agricultural activity within the Township by limiting residential density on agricultural lands.

 Through zoning and site plan review, encourage developments that take natural features such as soils, topography, steep slopes, hydrology and natural vegetation into account in the process of site design.

 Through zoning and site plan review, maintain the rural character of the Township by limiting commercial development and regulating their design.

Community Services

 Evaluate existing community services, maintain current needed services, and encourage or implement new community services that will enhance the quality of life for Township residents.

 Policies:

Continue communications with local and state transportation agencies to ensure Township roads are safe and maintained to the highest degree possible.

 Develop Township zoning regulations and enforce the regulations, to ensure ordinance compliance with trash and junk accumulation on private property.

In conjunction with the County and other governmental entities establish a recycling center/drop-off site in the area.

Periodically evaluate the police, fire and ambulance services to ensure the highest quality of service is available.

Work with area service agencies to insure health and human services are maintained and enhanced.

Residential Growth and Development

 Encourage a pattern of residential development consistent with the rural character found in the Township.

 Policies:

Establish density standards that are consistent with the natural capability of soils to handle on-site septic and water systems.

Consider higher density development in locations where public utilities and services can be provided.

Housing

 Provide a wide range of housing opportunities within the Township.

 Policies:

            Permit construction of single-family homes that meet state building codes.

             Allow the placement of quality contemporary manufactured housing.

             Encourage and promote housing rehabilitation programs.

Encourage the development of higher density housing units.

Quality of Life

 Insure that future development will maintain or improve the quality of life within the Township.

  Policies:

Adopt and enforce regulations necessary to prevent establishment of substandard housing units.

 Reduce conflicting land uses.

Enforce regulations to reduce blighted conditions in the area and the non-compliance accumulation of rubbish and refuse.

Recreation

 Develop the recreational potential of the Township in a fashion that will enhance recreational opportunities for all residents, and increase tourism in the Township.

 Policies:

Develop a recreation plan to identify and enhance the recreational needs of the Township.

  Pursue the acquisition and development of new public recreational facilities in the area in cooperation with the County, schools and other governmental entities.

  Develop and encourage tourist oriented commercial recreation facilities in the Township.

  Develop and promote trails that connect to other area trails and link points of interest with residential areas.

 Commercial Growth and Development 

Provide for the basic service and shopping needs of the Township’s residents and tourists by allowing commercial development to take place in suitable areas.  This should be done in a manner that minimizes conflicts with surrounding land uses, and prevents unnecessary conflicts with the movement of traffic along major roads.

 Policies:

Limit commercial development to a few appropriate areas.

Promote high quality commercial development through local site plan review.

Industrial Development

 Encourage light industrial development in suitable areas in the Township.

 Policies:

Coordinate with existing area industrial parks in the County to help promote their growth and to increase employment opportunities to area residents.

Future Land Use

Introduction

           The plan thus far has documented the physical and social aspects of Newkirk Township.  The goals to be achieved over the next 20 years have been outlined and the policies the Township should pursue in an efforts to achieve those goals have also been presented.  However the plan must anticipate and direct future growth to protect current property owners, the environment, and the economic base of the area. In this section future growth and land use patterns will be presented which will assist decision makers to anticipate future land use and public service needs.

Population and Housing Projections

In order to prepare for the future it is necessary to project how many people will be living in the Township in the 2030.  These projections are educated guesses based on previous growth trends and known or anticipated growth factors.  These forecasts are intended to provide some guidance as to the future needs of the Township.

The Figures in the following table project the future population of the Township in comparison to Lake County. This projection is based on historical trends in the Township and the County.  The potential population in the Township in the year 2030 is anticipated to be 1175 people.  This projection does not take into account any special circumstances such as large housing developments or other unexpected activities over the next 20 years or so.

Populations Trends

• Village population is included in Township figures
• Estimates provided by the West Michigan Shoreline Regional Development Council  

The projected population in 2028 is only part of establishing future land use and growth in the Township.  The plan must also estimate the number of housing units that will be needed to accommodate this growth.  By taking the current number of housing units based on a current population a ratio can be established that can then be applied to future projections.   This will then provide an estimate of need in the year 2028.  A similar ratio of year-around housing units compared to the total will allow for projections, year-around housing versus seasonal housing needs.

Housing Units

  * Village figures are included in these Township estimates

 Growth and Development Outline

 Agriculture

 Agriculture and crop production is not significant within Newkirk Township.  The 2007 land use inventory identified 3624 acres of land for agriculture.   Township residents have expressed their interest in retaining the rural character of the area.  This plan promotes the preservation of agricultural land within the framework of the projected residential growth.  Agriculture should only be in areas compatible with surrounding land use and only when the area is legitimately used for commercial farming.

Residential  

 Aside from timber harvesting, residential development is the single largest factor influencing the Township.  Projections for 2025 indicate approximately 125 additional residential housing units will be needed to accommodate future growth needs as indicated by the projected 40% or more growth over the next 20 years.  Although the chart above indicates 143 new housing units will be needed, a percentage of seasonal housing will be converted to year-around housing reducing the total need.

 Because much of the Township is under state and federal control, the land available to support future growth is limited to areas that are privately owned.  The Township currently has 4194 acres of timber cutover and 3624 acres of agriculture land, privately owned, that could potentially be developed to accommodate new housing needs.  However, because preservation of agricultural land and woodlands was a high priority to residents, the Township should consider different approaches to residential development.

 Future development should be concentrated around the village of Luther and a sanitary sewer should be a part of future development in the area.  As this development takes place, water quality and sensitive areas, especially along the Little Manistee River, must be protected from damage and degradation.

 As an alternative to edge development along County Roads, clustered open space developments should be considered.  This form of development clusters housing at higher densities and provides public open space in designated areas.  It is more efficient and environmentally sensitive than the standard subdivision, which typically allocates the total area to private lots, easements and streets.  This type of development would ensure open space allocated to recreation, trails, the protection of unique features and other natural areas.  This type of development, especially when adjacent to publically owned lands will enhance the development and maintain the rural character of the Township.

 The geographic distribution of these developments, whether it is single family housing, duplex housing, condominiums or mobile/manufactured homes, all residential development should be based upon criteria that impacts development. Criteria should include project affordability, public cost, feasibility and sustainability.  Major factors related to those criteria are retention of woodlands and open space, capacity of the soils to sustain development, access from primary roads and the potential need for utilities such as sewer and water.  The development of mobile/manufactured home communities should be especially sensitive to these development criteria.  Mobile and Manufactured home communities should be located in areas where public utilities are available due to environmental limitations and the need to follow appropriate County regulations as they relate to on site wells and septic systems.

 Commercial

 With in Newkirk Township future commercial development will occupy approximately 25 acres and be concentrated along State Street, Old M63, M37 and the Village of Luther. 

 Development in this area will be compatible with existing and future residential development.   Commercial development standards should be carefully planned and enforced and follow all access management guidelines established by the Michigan Department of Transportation.  Future commercial development should be well thought out so signage, parking, architectural design and driveways are all properly designed.  This will allow for an attractive, properly controlled, commercial area, as well as an area that is safe for pedestrians and traffic entering and exiting the businesses.

 Recreation

 Recreation land uses in Newkirk Township are primarily state and federally owned woodlands. Areas around rivers and lakes should be preserved in a natural state to allow some degree of protection to the waterway and a Township Park along Old M63 should be considered.  Bike routes should also be considered for various roads in the Township where space permits and traffic would not be a problem. 

 Industrial

 The area identified for future industrial development within the Township is limited.

No increase in industrial land is proposed.  The Township should not compete with other Industrial parks in the area that have adequate space for future industrial growth.

 Implementation

 Introduction

This section of the plan presents some tools and processes that are available to the township to help make the plan a reality.  The adoption of this Land Use Plan is not an end product.  The plan is only a guide for local decision makers and must be updated as times change.  Local laws and ordinances must be developed, amended or revised to implement the plan.  The Planning Commission as a part of its work must develop a zoning ordinance.   A new ordinance should be enforced as a in conjunction with other State and Federal regulations.  The Township should insist on enforcement of building codes and health code requirements by the agencies involved.  As is always the case, no Land Use Plan is ever complete.  The plans will in time need to be revised updated and modified.

 Public and Private Coordination

The most practical method to achieve the goals of the plan, with regards to future development requires public and private sector coordination.  The location and timing of any new development is dependent upon the capacity of the Township, Village, County and private developer to pay for the infrastructure necessary to support that development.  This relates primarily to new infrastructure such as water, sewer, etc. that is necessary for new development.

 Cooperation

Cooperation between the Township and other public and quasi-public entities is also critical to the success of the Plan, particularly because of the proximity to the village of Luther.  The Village and it’s growth could have an impact on the use of land within the Township.  Therefore, timely communication between all entities needs to be maintained to enable the Township (and each entity) to properly plan for the future.  In addition, Lake County government, the County Road Commission, the Michigan Department of Environmental Quality, the Michigan Department of Natural Resources, and the Michigan Department of Transportation all have legal authority and responsibilities for the program and projects that occur in, and impact upon, the Township.  Consequently, Coordination between these bodies and the Township is important for planning.

 Finally, the activities occurring within surrounding townships, particularly those activities related to land use planning, zoning and other development controls can have a direct impact upon planning in Newkirk Township, particularly along the perimeter of the Township.  Coordination and communication should be ongoing among these jurisdictions, and plans and programs of these surrounding communities be shared.

 Development Impact Analysis   

It is important for Township officials to thoroughly review each proposal for future commercial, residential, and industrial development within the Township.  Township Officials should consider the social, economic, physical, and environmental impact of each development.

 The Township should develop an “impact questionnaire” they can use when reviewing future developmental proposals.  Furthermore the Township can provide this questionnaire to developers in an efforts to educate the developer on the issues and concerns of the Township with regards to development.  By having and established issue questionnaire, the negative impact of future developments on the community and the physical environment can be minimized or alleviated.

 Establishing a Future Utility Development Area can also help facilitate development within the community.  Simply stated a Future Utility Development Area is an identified area within which public infrastructure is to be placed to facilitate future development.  The Future Utility Development Area can be periodically expanded to meet the demands of a growing population.  Such expansion, however, should occur only when approved by the Township to meet demands for development, rather than provided prior to development occurring.  This approach requires infrastructure to be provided in a planned phased approach.

Planning Commission Bylaws

                     As Amended January 18th, 2007

The following rules of procedure are hereby adopted by the Newkirk Township Planning Commission to facilitate the performance of its duties as outlined in the Township Planning Act, Public Act 168 of 1959, as amended.

SECTION 1: Officers

A. Selection and Tenure—At the first regular meeting the planning commission shall select from its membership a chairperson, vice chairperson and secretary. All officers shall serve a term of one year, or until their successors are selected and assume office, except as noted in B and C, below. All officers shall be eligible for re-election for consecutive terms for the same office.

B. Chairperson—The chairperson shall preside at all meetings, appoint committees and perform such other duties as may be ordered by the planning commission.

C. Vice Chairperson—The vice chairperson shall act in the capacity of the chairperson in his/her

absence. In the event the office of chairperson becomes vacant, the vice chairperson shall succeed to this office for the unexpired term, and the planning commission shall select a successor to the office of vice chairperson for the unexpired term.

D. Secretary—The secretary shall execute documents in the name of the planning commission, perform the duties hereinafter listed below, and shall perform such other duties as the planning commission may determine.

1. Minutes—The secretary shall be responsible for maintaining a permanent record of the minutes of each meeting and shall have them recorded in suitable permanent records maintained by the township clerk. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and record of votes, conditions or recommendations made on any action and record of attendance.

2. Correspondence—The secretary shall be responsible for issuing formal written correspondence with other groups or persons, as directed by the planning commission. All communications, petitions, reports or other written materials received by the secretary shall be brought to the attention of the planning commission.

3. Attendance—The secretary shall be responsible for maintaining an attendance record for each planning commission member and report those records annually to the planning commission for inclusion in the annual report to the township board.

4. Notices—The secretary shall issue such notices as may be required by the planning commission.

E. Township Board Representative—The township board representative shall present the

recommendations of the planning commission as required by the zoning ordinance, subdivision

ordinance or other ordinance to the township board prior to their consideration of such request.

F. Zoning Board of Appeals Representative—The planning commission representative to the zoning board of appeals shall report the actions of the zoning board of appeals to the planning commission and update the zoning board of appeals on actions by the planning commission that relate to the functions and duties of the zoning board of appeals.

SECTION 2: Meetings

A. Regular Meetings—The planning commission shall hold not less than four regular meetings each year and by resolution shall determine the time and place of such meetings. Other meetings may be held as necessary. When a regular meeting falls on a legal holiday or upon a day resulting in a conflict, the planning commission shall, if possible, select a suitable alternate meeting date in the same month as the originally scheduled meeting. Notice of regular or scheduled planning commission meetings shall be posted at the principal township office within 10 days after the planning commission’s first meeting in each fiscal year in accordance with the Open Meetings Act.

B. Special Meetings—Special meetings may be called by the chairperson or upon written request to the secretary by at least two members of the planning commission. The business the planning commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act. All costs of special meetings held to consider requests of applicants for approvals under the zoning ordinance (or for such other purposes as may be necessary) shall be paid by the applicant for such requests. Notice of special meetings shall be given to the members of the planning commission at least forty-eight hours prior to the meeting. Such notice shall state the purpose, time and location of the special meeting and shall be posted in accordance with the Open Meetings Act.

C. Public Records—All meetings, minutes, records, documents, correspondence and other materials of the planning commission shall be open to public inspection in accordance with the Freedom of Information Act, except as may otherwise be provided by law.

D. Quorum-Three members of a five-member planning commission shall constitute a quorum for

transacting business and taking official action for all matters. Whenever a quorum is not present,

those present may adjourn the meeting to another time and day, in accordance with the provisions of the Open Meetings Act, or hold the meeting to consider the matters on the agenda.  No action shall be taken at a meeting at which a quorum is not present.

E. Voting—An affirmative vote of the majority of the planning commission membership is required to adopt any part of the master plan or amendments to the plan (MCL 125.328). Unless required by statute, other actions or motions placed before the planning commission may be adopted by a majority vote of the membership in attendance, as long as a quorum is present. Voting shall be by voice vote; a roll call vote shall be required if requested by any commission member or directed by the chairperson. All planning commission members, including the chairperson, shall vote on all matters, but the chairperson shall vote last.

F. Agenda—The secretary shall be responsible for preparing an agenda for planning commission meetings. The order of business for meetings shall be as follows:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Approval of Minutes

5. Visitor Comments

6. Old Business

7. New Business

8. Open Discussion for Issues Not on the Agenda

9. Adjournment

G. Public Hearings—All public hearings held by the planning commission must be held as part of a regular or special meeting of the planning commission. The following rules of procedure shall apply to public hearings held by the planning commission:

1. Chairperson opens the public hearing and announces the subject.

2. Chairperson summarizes the procedures/rules to be followed during the hearing.

3. Applicant presents the main points of the application.

4. Persons speaking in support of the application are recognized.

5. Persons speaking in opposition of the application are recognized.

6. Chairperson closes the public hearing and returns to the regular/special meeting.

7. Township planner/engineer/other consultants present their report and recommendation.

8. Planning commission begins deliberation and arrives at a decision.

To ensure everyone has the opportunity to speak, the chairperson may elect to limit the time permitted for each person to speak, except that the applicant may be permitted additional time as the chairperson allows. The chairperson may also elect to allow persons to speak only once, until all persons have had the opportunity to speak, at which time the chairperson, in his/her discretion, may permit additional comments.

All comments by the public, staff and the planning commission shall be directed to the chairperson. All comments shall be related to the land use request; unrelated comments shall be ruled out of order.

A written notice containing the decision of the planning commission will be sent to petitioners and originators of the request.

SECTION 3: Duties of the Planning Commission

The planning commission shall perform the following duties:

A. Take such action on petitions, staff proposals and township board requests for amendments to the zoning ordinance as required.

B. Take such action on petitions, staff proposals and township board requests for amendments to the master land use plan as required.

C. Prepare an annual report to the township board.

D. Prepare an annual work program and budget, to be included in the annual report.

E. Take such actions as are required by the Township Zoning Act, Public Act 184 of 1943, as amended.

F. Review subdivision and condominium proposals and recommend appropriate actions to the township board.

G. Prepare special studies and plans, as deemed necessary by the planning commission or township board and for which appropriations of funds have been approved by the township board, as needed.

H. Attend training sessions, conferences or meetings as needed to properly fulfill the duties of planning commissioner and for which appropriations of funds have been approved by the township board, as needed.

I. Prepare a capital improvements plan.

J. Perform other duties and responsibilities or respond as requested by any township board or

commission.

SECTION 4: Duties of the Zoning Administrator and Planning Consultant

A. The planning commission shall be assisted by the zoning administrator and planning consultant in performing the planning commission’s duties, as noted in Section 3.

B. The zoning administrator and planning consultant shall be responsible for the professional and

administrative work in coordinating the functions of the planning commission.

C. The zoning administrator shall:

1. Supervise and review the work of the planning consultant and township staff.

2. Accept applications for matters to be reviewed by the planning commission and ensure that such applications are complete.

3. Forward application materials to the planning commission at least one week prior to the meeting at which the matters will be considered.

4. Inform the planning commission of administrative and enforcement actions taken on behalf of the township related to the zoning or other appropriate ordinance.

D. The planning consultant shall:

1. Attend planning commission meetings.

2. Consult with the planning commission, zoning administrator and other township officials

concerning interpretation, procedural questions and other matters arising from the zoning

ordinance.

3. Prepare amendments to the zoning ordinance as directed by the planning commission.

4. Prepare and forward to the zoning administrator written reviews and recommendations, if

appropriate, for all requests and development proposals to be considered by the planning

commission.

5. Meet with applicants, their representatives and/or township officials as needed to properly

perform project reviews.

6. Perform other duties as directed by the planning commission.

E. The planning commission may be assisted by other professional or township staff as needed,

including the building inspector, township attorney, township engineer or other person or agency.

SECTION 5: Absences, Removals, Resignations and Vacancies

A. Members of the planning commission shall notify the township supervisor, planning commission chairperson or other planning commission member when they intend to

be absent from a meeting.  The Planning Commission will make a recommendation to the Township Board to remove a member of the Planning Commission after 3 absences in a 12 month period.

B. Members of the planning commission may be removed by the township supervisor, after a

hearing, with the approval of the township board.

C. A member may resign from the planning commission by sending a letter of resignation to the

township supervisor, township board or planning commission chairperson.

D. Vacancies shall be filled by the township supervisor, with the approval of the township board,

within one month of resignation or removal of a planning commission member. Successors shall

serve out the unexpired term of the member being replaced.

SECTION 6: Conflict of Interest

A. Planning commission members shall declare a conflict of interest and abstain from participating in a hearing or deliberations on a request when:

1. A relative or other family member is involved in any request for which the planning

commission is asked to make a decision;

2. The planning commission member has a business or financial interest in the property

involved in the request or has a business or financial interest in the applicant’s company,

agency or association;

3. The planning commission member owns or has a financial interest in neighboring property.

For purposes of this section, a neighboring property shall include any property falling within

the notification radius for the proposed development, as required by the zoning ordinance

or other applicable ordinance, or

4. There is a reasonable appearance of a conflict of interest, as determined by the planning

commission member declaring such conflict.

B. The planning commission member declaring a conflict of interest should state the nature of the

conflict and whether he or she believes he or she could impartially consider the request before

the commission. He or she should individually decide to abstain from any discussion or votes

relative to the matter that is the subject of the conflict.  The member declaring a conflict may ask the other planning commission members to decide if he or she should abstain. The member declaring a conflict may absent him/herself from the room in which the discussion takes place, unless doing so would violate his or her constitutionally protected rights to participate. He or she should not make any presentations to the planning commission as a representative of the proposal.

Section 7: Amendments

These bylaws may be amended at any meeting by a vote of four members of the planning commission.

Amended by the Newkirk Township Planning Commission at a regular meeting this18th Day of_January 2007.

Cindy Holmes/Secretary

Newkirk Township Outdoor Storage Ordinance 10-17-05 (01)

As Amended, November 20, 2006

 AN ORDINANCE TO REGULATE THE STORAGE OF VEHICLES, MACHINERY AND EQUIPMENT, THE PARTS OF SAME, METAL PARTS OR PIECES, HOUSEHOLD GOODS, APPLIANCES, MATTRESSES, BOX SPRINGS, CONSTRUCTION MATERIALS, UNLICENSED, INOPERABLE OR DISMANTLED VEHICLES, SPECIAL MOBILE EQUIPMENT AND PARTS, PROCESSED MATERIALS, TIRES, JUNK, TRAVEL TRAILERS, TANKS AND OTHER PERSONAL PROPERTY OF A SIMILAR NATURE, TO REGULATE NUISANCES EXISTING BECAUSE OF SAME, TO PROTECT PRIVATE PROPERTY IN RELATION THERETO: TO PRESCRIBE PENALTIES FOR VIOLATIONS THEREOF

 Section 1.01. Short Title. This Ordinance shall be known and cited as the “Outdoor Storage Ordinance”.

 Section 2.01. Definitions. In interpretation of this Ordinance, the following definitions shall apply, except where the context clearly indicates that another meaning is intended:

 A.     The following words shall be defined as set forth in Chapter 1 of the Michigan Vehicle Code, Act 300 of the Public Acts of 1949, MCLA 257.1 et seq. as amended.

              Farm Tractor                           Highway                         Implement of husbandry

             Motor Vehicle                         Owner                             Registration

             Salvage Vehicle                      Street                               Special Mobile Equipment

             Vehicle

 B.     “Appliances” means major household appliances such as stoves, refrigerators, dishwashers, trash compactors, washers and dryers.

C.     “Box Spring” means a fabric case in which materials have been placed or arranged for the purpose of providing support of a mattress, or an arrangement of metal in such a manner as to provide support of a mattress.

 D.     “Construction Materials” means materials, new or used, manufactured for the purpose of inclusion in a building or appurtenances thereto such as decks, porches, sidewalks and parking pads, and includes by was of example, but not limitation, timber, lumber, paneling, drywall, bricks, concrete blocks or slabs, windows, doors, siding, roofing materials, plywood, electrical and plumbing hardware and supplies, heating and cooling equipment and supplies, which is not attached to or used or constructed in a building or appurtenance thereto in such a manner as to be used for its intended purposes, unless there is in force a valid and current building permit issued by the authorized county building inspector or the designated representative of the township for construction on said premises and such materials are used in connection with such construction.

 E.      “Dismantled Equipment” shall mean inoperable special mobile equipment or equipment as defined herein from which a part or parts have been removed; and the terms shall include within its meaning all parts, including wheels and tracks, that have been removed from the special mobile equipment.

 F.      “Dismantled Machinery,” means inoperable machinery from which a part or parts have been removed; and the term shall include within its meaning all parts of whatever type that have been removed from a vehicle of any type.

 G.     “Dismantled Vehicle” shall mean an inoperable vehicle from which a part or parts have been removed; and the term shall include within its meaning all parts, including tires, wheels and batteries, that have been removed from a vehicle of any type.

 H.     “Extracted or Processed Materials’ means materials extracted from or processed as a result of extraction from or harvesting from the earth, and includes by way of example, but not limitation, timber, lumber, food product, such as carrots and grain, gravel, sand and other minerals.

 I.        “Equipment” means the implements used in an activity or operation,

 J.       “Household Goods” mean any item of personal property, commonly used for household purposes, including by way of example, but not limitation, furniture, decorative items, such as pictures, frames and sculpture, pots and pans, tableware, minor kitchen appliances, glassware, lamps, lawn mowers, gardening utensils and tools, appliances, televisions, stereo and radio equipment, computer hardware and software.

 K.     “Inoperable Equipment” means equipment, which by reason of accident, neglect, mechanical condition, disrepair or other cause, is apparently not in an operational or safe condition.

 L.      “Inoperable Machinery” means machinery, which by reason of accident, neglect, mechanical condition, disrepair or other cause, is apparently not in an operational or safe condition.

 M.    “Inoperable Special Mobile Equipment” shall mean special mobile equipment, implements of husbandry and/or machinery normally used for construction purposes, including bulldozers, backhoe and tractors (whether wheeled or tracked), farm field and orchard tools, paving equipment and construction equipment, which, by reason of accident, neglect, mechanical condition, disrepair or other cause, is apparently not in an operational or safe condition.

 N.     “Inoperable Vehicle” shall mean any salvage vehicle and any vehicle, which, by reason of accident, neglect, mechanical condition, disrepair or other cause, is apparently not in an operational or safe condition as required by Section 683 of said Michigan Vehicle Code, as amended. Inoperable vehicle shall also mean any motor vehicle required to be registered by the Michigan Vehicle Code if operated on the public streets, which does not have displayed on the vehicle currently valid registration; and any vehicle, other than a motor vehicle, which does not have displayed on the vehicle registration which has been valid within the prior six (6) months.

 O.     “Junk” means garbage, including decayed or decaying foodstuffs and the containers thereof, refuse, waste, wastepaper, paper, newspaper more than 5 days old, discarded materials, scrap materials of whatever nature, and other debris not otherwise herein classified and whether or not same could be put to any reasonable use.

 P.      “Machinery” means a mechanically, electrically or electrically operated device for performing a task.

 Q.     “Mattresses” means a fabric case stuffed with soft foam or springy material, or a similar case filled with water, manufactured for use as a bed.

 R.     “Metal Part or Pieces” shall mean any part or piece, made or used for whatever purpose, composed, entirely or in part, of metal, including by way of example, but not of limitation, iron, steel, titanium, chrome, tin, or aluminum, which is not attached to a structure, building, vehicle, equipment or machinery in such a manner as to be used for its intended purpose.

 S.      “Person” shall mean any private individual, firm, partnership, company, corporation, entity or private organization of any kind.

 T.      “Private Premises” shall mean any lot or parcel of land owned by a person, whether or not improved with a structure of any kind, and whether or not inhabited or occupied, and shall include any yard, grounds, walks, driveways, porches or steps belonging or appurtenant to any structure thereon.

 U.     “Public Place” shall mean any highway, street, sidewalk, alley, berm or terrace, or other public way: and any and all parks, squares, spaces, grounds and buildings owned by or the use of which is dedicated to any governmental entity.

 V.     “Tanks” means a container over 10 gallons in size manufactured for the purpose of storing or holding liquids or gas.

 W.   “Tires” means a band of rubber or other synthetic material manufactured for the purpose of mounting on a rim and attachment to a vehicle, toy or other machinery or equipment to allow transportation of same.

 X.     “Travel Trailers’ means a vehicular portable structure mounted on wheels and of a size and weight as not to require special highway movement permits when drawn by a stock passenger automobile or when drawn with a fifth wheel hitch mounted on a motor vehicle, and is primarily designed, constructed, and used to provide temporary living quarters for recreational camping or travel. This definition is intended to encompass the term as defined in The General Property Tax Act, MCLA 211.2a (4) and shall be deemed to include camping trailer as defined therein.

 Section 3.01. Prohibition of Outdoor Storage:

 A.     No person shall anywhere within the unincorporated area of the Township of Newkirk, for a period in excess of 3 days, park, keep, maintain, accumulate, possess, allow to occupy or permit to remain on private premises, or in a public place, any inoperable or dismantled machinery, equipment, or the parts of same, metal parts or pieces, household goods, appliances, mattresses, box springs, construction materials, unlicensed, inoperable or dismantled vehicles, inoperable special mobile equipment, or parts thereof , extracted or processed materials, tires, junk, travel trailers, tanks or other personal property of similar nature, unless same are housed entirely within an enclosed, roofed building..     Both the owner as well as the occupant or lessee of private premises, and the owner of the inoperable or dismantled machinery, equipment, or the parts of same, metal parts or pieces, household goods, appliances, mattresses, box springs, construction materials, unlicensed, inoperable or dismantled vehicles, inoperable special mobile equipment, or parts thereof, extracted or processed materials, tires, junk, travel trailers, tanks or other personal property of similar nature, shall be deemed persons responsible under the provisions of Section 3.01A above.

Section 4.01 Notice of Violation. A notice of violation shall be served in the manner provided for by the General Civil Infraction Ordinance adopted by Township of Newkirk.

Section 5.01. Exceptions The provisions of Section 3.01 shall not apply to the following persons, but solely under the following conditions.

A.    Persons owning and/or operating a junk yard or a vehicle storage yard: provided the same is properly licensed under the applicable provisions of Township of Newkirk Ordinances and State of Michigan statutes: provided the same shall be located in an area providing for such use under the provisions of the Township of Newkirk Ordinance and certificate of occupancy for such purpose has been properly issued.

B.     Person storing special mobile equipment provided the sin conformity with the provisions of Township of Newkirk Ordinances, (except farm tractors), and implements of husbandry which, pursuant to Section 2.01A of this ordinance and MCLA 257.21, are defined as any of the following:

a farm tractor; a vehicle designed to be drawn by a farm tractor or an animal; a vehicle which directly harvests farm products; or, a vehicle which directly applies fertilizer, spray, or seeds to a field.”

C. Persons operating a vehicle repair facility registered under the provisions of Act300 of the Public Acts of 1974, as amended; provided, however, that no vehicle awaiting repair shall be stored outside an enclosed, roofed building for a cumulative total of more than sixty  days.

Section 6.01. Removal and Assessment of Costs for Failure to Comply.

A.     Removal Authorized. In addition to the penalty provided in Section 8.01, if any person who fails to comply with the ordinance within 15 days of issuance of a civil infraction violation citation, the Civil Infraction Enforcement Official may remove or cause to be removed any item of personal property in violation of this ordinance. Such removal by the designated enforcement official shall not excuse or relieve any person of the obligation imposed by this section to keep his or her property free from storage or accumulation of property in accordance with the term hereof, nor from the penalties for violation thereof.

B.     Assessment of Costs of Removal. Upon removal of any property in violation of this ordinance by a Civil Infraction Enforcement Official pursuant to the provisions of this section, said Civil Infraction Enforcement Official shall file a statement of costs incurred in such removal by affidavit with the Clerk. Upon receipt of said affidavit of costs, the Clerk shall place the same on file and serve a copy thereof upon the owner, occupant or tenant of the property or, if unoccupied, upon the owner as appears on the records of the Register of Deeds. Said notice shall be served by delivering a copy of the same personally upon the owner, occupant or tenant of the property, if the land is unoccupied, by certified mail. The notices shall state that if payment in full of the costs contained therein is not made within thirty days of the date of the notice, which notice shall be dated as of the date of personal service or the date of mailing, the Clerk shall certify the costs as delinquent and submit said costs to the Treasurer, setting forth the name of the owners of the property, if known, and description of the property from which the property was removed. The Treasurer shall place the costs upon the assessment roll charged to the property described and the costs shall be collected in the same manner as provided by the statutes for the collection of township taxes.

Section 7.01. Public Nuisance Per Se.    A violation of the provisions of this Ordinance is                        hereby declared to be a public nuisance per se, and the same may be abated by order of any court of competent jurisdiction. 

Section 8.01. Penalties.  A violation of this Ordinance shall be deemed a civil infraction, and a person who violates any provision or provisions of this Ordinance, upon conviction shall be punished with a fine of:  

                      First Offense                                One Hundred Fifty Dollars (150.00)

                      Second Offense                            Three Hundred Fifty Dollars (350.00)

                      Third Offense & Subsequent        Five Hundred Dollars     (500.00)

                 A.     Each day that a violation continues shall be considered, and may be charged as a separate offense.

B.     If a civil fine is ordered to be paid under this Section 9.01, the judge, district court referee, or district court magistrate shall summarily tax and determine the costs of the action, which shall not be limited to the costs taxable in ordinary civil actions, and include all expenses, direct and indirect, to which the Township of Newkirk has been put in connection with the civil infraction, including attorney fees. 

Section 9.01. Compliance.  In Addition to the penalties set forth in section 8.01 of this Ordinance, the court, after finding an offender responsible for a Civil Infraction, shall impose such further conditions and requirements as will cause the offender to be put in compliance with the terms and provisions of the Ordinance. 

Section 10.01  Severability.   The provisions of the Ordinance are hereby declared to be severable, and if any clause, sentence, paragraph, section or sub-subsection is declared void or inoperable of any reason, it shall not affect any other part or provision hereof. 

Section 11.01. Effective Date. This Ordinance shall take effect thirty  (30) days after publication thereof. Board Member

Sandra Killingbeck moved the adoption of the foregoing Amended Ordinance, which was supported by Board Member Virginia Brazaski, and thereupon adopted  by the Board of the Township of Newkirk at a regular meeting held November 20, 2006.