Section V - Plan Adoption & Implementation

A public hearing was held on the proposed Banks Township Land Use Plan on January 14, 1999, as required by the Township Planning Act 168 of 1959 (MCL 125.321 to 125.333). The Act requires the Planning Commission hold at least one public hearing on the Plan. The Act further specifies thirty days’ notice of the public hearing shall be given by two publications at least two weeks apart and not less than seven days before the hearing. Notice of the public hearing was published in the Antrim County News on December 9,1998 and January 6, 1999. The affidavit of publication is included in Appendix B.

The purpose of the public hearing was to present the proposed land use plan and accept comments from the public. Those present include: Planning Commission members: Marvin Rubingh, Sue Kessler, Rudy Passehl, Gary Strange, Marion Williams; Township supervisor: Daniel Wieland; Zoning Administrator: Doris Pearl; Professional Planner: Mary Campbell, from Wade-Trim; and two interested citizens, as listed in the public hearing minutes.

The public hearing began with the planning consultants providing a brief explanation of the planning process. During the hearing, maps of the existing land use and proposed future land use recommendations were presented. Comments and recommended changes in the plan content were taken from those in attendance and are recorded in the public hearing minutes. In addition to the comments received at the public hearing, the township received two letters which are included in Appendix B.

Implementation

Development and adoption of this plan should be viewed as the first phase of an on-going planning process. That first phase enabled township officials to:

As important as this document is by itself, its purpose is of little practical value unless transformed from ideas and aspirations to reality. That trans-formation, or plan implementation, is the second phase of the planning process.

Implementing this plan will require an on-going effort over both the short and long-term. For the short-term, the township should select its priorities for action based on the following factors:

High-priority issues are those that present the biggest threats to the township's character, farmland, natural resources, etc., if left unresolved. Are certain issues more easily solvable than others? What types of solutions are required to resolve the biggest issues?

If a particular issue is believed to present a high level of risk to the future of the community, the need for action is urgent and action to resolve the risk must be taken immediately!

High-priority goals are those that promise the biggest returns if attained. High-priority goals have the greatest potential to have a positive influence on the community.

Are certain goals more achievable than others? What steps or actions must be taken to assure that high-priority goals will be attained?

Resolve to address as many high-priority issues and to achieve as many high-priority goals as possible using all known and available resources. Look for opportunities to use ordinances developed by other communities or agencies who are facing the same issues. Take advantage of educational programs offered by the Michigan Townships Association, Michigan Society of Planning Officials, Tip of the Mitt Watershed Council, Charlevoix County Cooperative Extension Service, and other agencies.

Know when you need help with issues which appear on the surface to be insolvable. Plan on using the services of qualified planning consultants and provide funds in the township's budget to do so.

Always try to identify and carry out actions and solutions that can resolve more than one issue and achieve more than one goal. This is particularly important considering the number of goal statements, policy statements, and action statements. There is a great degree of crossover in and among these various statements. They should be viewed as complementary rather than stand-alone statements. In many cases, taking one action can and will resolve more than one issue and attain more than one goal.

The Township should take immediate action to resolve the following high-priority issues over the short-term. Most of these high-priority issues can be resolved by doing a cover-to-cover review and revision of the township's zoning ordinance. Other issues can be resolved through establishing on-going cooperative planning efforts with neighboring communities.

High-priority issues include the following (in no particular order):

Upgrade existing zoning ordinance site plan review and special use regulations for future non-residential land uses likely to impact the character of the community. The current regulations do not enable the township to take full advantage of the regulatory authority granted by the Township Zoning Act, and provide minimal control over the layout and appearance of most non-residential land uses.

Upgrading these regulations could be accomplished by the township working by itself, as a group effort working with other interested townships or with a qualified consultant. Sample site plan review and special use regulations are available from a variety of sources.

The zoning ordinance should be revised to include minimal landscaping and screening regulations for non-residential uses. Parking area regulations should be upgraded to include minimal access, design, and landscaping standards.

The current zoning ordinance should be revised to provide for the establishment of residential and mixed-use open space developments. Excellent examples of such regulations are available through the MSU Extension Service and Michigan Townships Association.

Review the existing farm and forestland, mapped as part of the existing land use. Invite members of the farming community to assist in identifying appropriate and workable options for farmland preservation in Banks Township.

Prior to the establishment of farm and forest land preservation standards it is critical to consider the long term economically viability of the farming and forestry practices, so as not to unduly restrict the property owner. Preservation efforts can be based on zoning regulations or on Purchase Development Rights (PDR) or Transfer Development Rights (TDR) programs if such programs are approved by the state legislature.

Contact other communities that have adopted successful farmland and forestland preservation programs to investigate the effectiveness of their programs and to review copies of their land development regulations. The Township should review the regulations thoroughly with its legal representatives before taking any action toward adoption.

Participate in a forum for discussing planning and zoning issues with neighboring municipalities regularly. The Antrim County Chapter MTA monthly meetings provide such a forum.

Adopt keyhole zoning regulations to preclude the overuse of shared waterfront access points.

9. Establish Groundwater Protection Regulations

Adopt guidelines for protecting groundwater and other essential natural resources.

Many rural townships go without the services of a professional planner, engineer or attorney when taking action on land development proposals because of the costs associated with obtaining such services. Many communities have addressed this matter by establishing an escrow fee policy that passes costs for professional services along to developers rather than to taxpayers.

Escrow policies require developers and other applicants for zoning approvals to place fees in escrow when an application for site plan review, special use approval, or PUD zoning is filed. The township draws funds as necessary to pay for services rendered by its consultants (attorney, planner, and engineer, for example) during the review process.

Funding assistance for acquisition of waterfront property for recreational or other public use is available from a number of sources. The township would be well served to keep a recreation plan up-to-date and approved by the Michigan Department of Natural Resources. Recreation plans are approved by the MDNR for five (5) year increments. The MDNR approved plan establishes the township's eligibility for funding assistance for both acquisition and park improvement projects.

Over the long-term, the township should use this plan as a building block for future planning efforts. It is recommended that this plan be reviewed every few years to ensure the goals are still applicable. The plan should be updated as community conditions change, such as when all short-term urgent issues have been addressed and year 2000 census data becomes available.

A Capital Improvements Program is recommended for Banks Township to facilitate proper budgetary planning for costly Township improvements. A Capital Improvements Program (CIP) is a listing of all new major public facilities to be built, substantially remodeled or purchased in the community within the foreseeable future. "Capital Improvements" are all major physical facility projects over and above annual operating expenses. A CIP establishes a schedule for each capital improvement project. A six year programming period is the most commonly used, although the CIP must be updated annually to reflechanging priorities and financial resources in the community. Therefore, a CIP serves as both a budgetary and policy document. The Banks Township Planning Commission recommends a Capital Improvement Program be developed and adopted to aid in the implementation of the Township’s goals presented in this Plan.

Summary

Banks Township Land Use Plan is intended to encourage a land use pattern which will help promote health, safety and general welfare of Banks Township residents and visitors. The community survey provided valuable input from the property owners in the Township and was used as a foundation for the goals developed by the Township Planning Commission. Township goals and policies provide guidance for establishing the future land use categories and locations. The future land use plan establishes land use districts which consider the social and economic characteristics of the Township, the natural resources in the area, the compatibility of adjacent land uses, and the community survey findings. The Banks Township Land Use Plan shall serve as the basis for updating of the Banks Township Zoning Ordinance and is intended to help guide future development in Banks Township.

Introduction, Sec. 1, 2, 3, 4, 5, Return to Information