Title
Resolution to Extend Provisions of the Ann Arbor City Code and City Rules and Regulations that Pertain to Site Development, Construction and Management of the Airport Buildings, Landing Fields and Other Aeronautical Facilities at the Ann Arbor City Airport and to Authorize City Staff to Exercise Their Authority under those Provisions over Said Aeronautical Facilities
Memorandum
The City on occasion constructs new facilities at the City Airport that are used for airport purposes. The City currently is constructing new box hangars at the Airport. The Charter Township of Pittsfield has raised some issues regarding the City’s authority to undertake construction at the Airport without Township review and approval. For facilities that are used for aeronautical purposes, it is clear that the construction does not need to comply with Township Zoning, planning and construction requirements and that the Township does not have the right to review, approve, issue permits for or inspect what the City is doing. Nevertheless, City staff would like to formalize the applicability of relevant City Code provisions and the authority of City staff to review and approve all aspects of development and construction of all aeronautical facilities at the City Airport.
On or about January 15, 1979, the City of Ann Arbor and the Charter Township of Pittsfield entered into an agreement entitled “Policy Statement” in which the City and Township agreed that municipal construction on Airport lands are exempt from Township zoning, planning and construction regulation, provided such exemption is not in conflict with applicable law. Although the distinction in the Policy Statement is between “municipal” construction and other construction, a reading that limits the exemption to construction that is for aeronautical purposes is consistent with applicable law.
Section 51 of the Michigan Aeronautics Code (MCL 259.51(1)) provides in part,
“The [Michigan aeronautics] commission has gene...
Click here for full text