Title
Resolution to Approve Agreement with Charter Township of Pittsfield Supplementing 1979 Policy Statement Relative to Airport Layout Plans, Aeronautical Facilities and Non-Aeronautical Facilities at the Ann Arbor Airport
Memorandum
This resolution will approve an agreement between the City of Ann Arbor and Pittsfield Charter Township to supplement the Policy Statement entered into between the City and the Township in 1979. This supplemental agreement will govern which entity has authority to apply and enforce its construction, fire prevention and soil erosion and sedimentation control ordinances relative to aeronautical and non-aeronautical facilities at the Ann Arbor Airport, in addition to clarifying other aspects of the relationship between the City and the Township and their respective authority at the Airport. This agreement also resolves the lawsuit brought by the City against the Township in late 2008 for a determination of the City’s authority to apply and enforce its construction code to aeronautical facilities at the Airport. The City has undertaken the design of an additional box hangar building as well as a snow removal equipment building. Difficulties developed relative to the procedure for the Township’s review of the site plans. Although those eventually were resolved, the Township then refused to allow the City to apply its construction code to the new buildings, both of which are aeronautical facilities, and the Township issued stop work orders because building permits had not been obtained from the Township. The City filed the lawsuit in an effort to get the stop work order lifted.
The City took the position that the provisions in the Michigan Aeronautics Code, MCL 259.1 et seq., give it fairly broad authority over aeronautical facilities at the Airport, including the zoning and planning of aeronautical facilities and application of the City’s regulations and ordinances, including but not limited to the City’s construction code. By t...
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