ADOPTED - APRIL 13, 2010
Agenda Item No. 14
Introduced by the County Services Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AMENDING THE INGHAM COUNTY OPEN SPACE PURCHASE OF DEVELOPMENT RIGHTS ORDINANCE
RESOLUTION #10-099
WHEREAS, Ingham County’s non-agricultural, open space land is an important natural resource; and
WHEREAS, Ingham County’s open space land contributes significantly to the open space and natural resource benefits of the County, including rural character, scenic beauty, hunting and other recreational opportunities, and to the environmental benefits of the County, including watershed protection and wildlife habitat, all of which increases the overall quality of life and makes the County an attractive place to live and work; and
WHEREAS, protecting open space lands will help prevent sprawl development which will benefit urban and rural residents alike; and
WHEREAS, the Farmland and Open Space Board wishes to amend the current Ingham County Open Space Ordinance (Ord. No. 09-02) to reflect the urban benefits of open space protection; and
WHEREAS, it is the policy of the State of Michigan and Ingham County to protect and preserve open space land as evidenced by township master plans, Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act (NREPA), PA 451 of 1994, as amended, MCL 324.36101 et seq., the State Agricultural Preservation Fund, being Part 362 of NREPA, MCL 324.36201 et seq., PA 262 of 2000, Part 21, Subpart 11, Conservation and Historic Preservation, of NREPA, MCL 324.2140 et seq., the Michigan Zoning Enabling Act, PA 110 of 2006, MCL 125.3506, the Ingham County Farmland Purchase of Development Rights Ordinance (#04-01), and other state and local statutes and policies; and
WHEREAS, the Natural Resources and Environmental Protection Act and the Michigan Zoning Enabling Act authorize a county to enact an ordinance for the purchase of development rights and the placement of conservation easements.
THEREFORE BE IT RESOLVED, that Ingham County Board of Commissioners shall adopt the Ordinance Amending the Ingham County Open Space Purchase of Development Rights Ordinance, a copy of which is attached as Exhibit 1 and is incorporated by reference.
BE IT FURTHER RESOLVED, that the amended ordinance shall become effective when a notice of its adoption is published in a newspaper of general circulation in the County.
COUNTY SERVICES: Yeas: Copedge, Schor, Celentino, Grebner, McGrain
Nays: None Absent: Vickers Approved 4/06/10
ADOPTED - APRIL 13, 2010
INGHAM COUNTY BOARD OF COMMISSIONERS
ORDINANCE AMENDING THE INGHAM COUNTY OPEN SPACE PURCHASE
OF DEVELOPMENT RIGHTS ORDINANCE
ORDINANCE NO. _____
An Ordinance to amend the Ingham County Open Space Purchase of Development Rights Ordinance to revise the Declaration of Purpose to reflect the importance to urban areas of protecting open space land.
THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO
ORDAIN:
Section 1. Amendment. Section 1 of the Ingham County Open Space Purchase of Development Rights Ordinance is amended by the revision of subsections A and B, the addition of a new subsection C, and the relettering of all subsequent subsections, to read as follows:
Section 1. Declaration of Purpose
A. Purpose of the program. It is the purpose of the Ingham County Open Space Preservation Program to both protect open space land and prevent sprawl development, thereby enhancing the quality of life for the rural, urban, and suburban residents of the county.
B. Importance of open space land. Ingham County’s open space land are important to the residents of the County for aesthetic reasons, including protection of rural character and scenic beauty, for environmental reasons, including protection of air and water quality, watersheds, wildlife habitat, flood plains and natural ecosystems, for recreational reasons such as hunting and other recreational opportunities, for the tax benefits derived from preventing sprawl development, and for cultural reasons, since a rural population and lifestyle is maintained. In these ways Ingham County’s open space land increases the quality of life for all its residents and makes it an attractive place to live and work
C. Importance to urban areas of protecting open space land. Protecting open space land provides the aesthetic, recreational, environmental, and cultural benefits described above not only for the rural residents of the county but also for the urban residents since these benefits are in close proximity to the urban areas and are readily accessible to all residents. In addition, protecting open space land reduces sprawl development. The tax savings from reducing sprawl development can be directed to supporting smart growth goals in the urban areas. Urban areas already have the infrastructure to support development and they should be fully utilized before farmland and natural land are developed. Furthermore, the benefits of protecting open space land attract businesses by improving the quality of life for residents. The businesses, in turn, maintain the local economy, including providing jobs.
D .Development and loss of open space land. The natural resources, productive farmland, and rural character of Ingham County make it a desirable place to live and work. As people continue to move into the countryside, open space land is converted to residential and other developed uses, resulting in a permanent loss of open space land.
E. The impact of the loss of open space land. Open space land is an irreplaceable resource. When open space land is converted to residential or other developed uses, a critical community resource is permanently lost to the citizens of Ingham County. Since open space land has water and air quality, recreational, ecological, habitat, and aesthetic value, Ingham County should make an effort to protect such land to ensure the long-term viability of our environment and our quality of life.
F. State and local policies. It is the policy of the State of Michigan and Ingham County to protect, preserve and enhance open space land as evidenced by township master plans, Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act (NREPA), PA 451 of 1994, as amended, MCL 324.36101 et seq., the State Agricultural Preservation Fund, being Part 362 of NREPA, MCL 324.36201 et seq., PA 262 of 2000, Part 21, Subpart 11, Conservation and Historic Preservation, of NREPA, MCL 324.2140 et seq., the Michigan Zoning Enabling Act, PA 110 of 2006, MCL 125.3506 – 125.3509, the Ingham County Farmland Purchase of Development Rights Ordinance (#04-01), and other state and local statutes and policies.
G. Value of development rights.. Open space land may have a greater market value for future development than for remaining in a natural state. The open space views and natural surroundings are features desired for residential home sites. This fact encourages the purchase of open space land for future residential development, regardless of the current zoning of such lands.
H. Mechanism to achieve purpose. The purchase of development rights and the placement of conservation easements on open space land through the Ingham County Open Space Preservation Program as provided for in this Ordinance is a public purpose of Ingham County. Acquisition of development rights requires that Ingham County enter into agreements with property owners to obtain such development rights. Open space lands on which Ingham County has purchased development rights and entered into conservation easements shall remain undeveloped and in a natural state.
I. Intent of Ordinance. The intent of this Ordinance is to provide a mechanism for the preservation of open space land in Ingham County through the purchase of conservation easements. The actual number of acres that will be protected through the purchasing of their development rights will remain the prerogative of the Ingham County Board of Commissioners.
Section 2. Repeal. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Section 3. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.
Section 4. Effective Date. This Ordinance Amending the Ingham County Open Space Purchase of Development Rights Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.
I, Mike Bryanton, Ingham County Clerk, certify that this Ordinance was adopted by the Ingham County Board of Commissioners and published in a newspaper of general circulation in the County on _______________________.
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Mike Bryanton, Ingham County Clerk
Ingham County Board of Commissioners
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Debbie De Leon, Chairperson