City Commission Packet 01-09-2018

View the PDF version Google Docs PDF Viewer

      CITY OF MUSKEGON
        CITY COMMISSION MEETING
           JANUARY 9, 2018 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440


                                  AGENDA
□      CALL TO ORDER:
□      PRAYER:
□      PLEDGE OF ALLEGIANCE:
□      ROLL CALL:
□      HONORS AND AWARDS:
    A. Recognition of the Muskegon Big Reds Football team as the 2017 Division 3
       State Champions
    B. Recognition of La’Darius Jefferson as the 2017 MHSAA High School Football
       Player of the Year
□      INTRODUCTIONS/PRESENTATION:
    A. Dr. Arbulu – Racial Equity Presentation
□      CITY MANAGER’S REPORT:
□      CONSENT AGENDA:
    A. Approval of Minutes      City Clerk
    B. Bicycle Ordinance – SECOND READING               City Manager
    C. Amendment to the Zoning Ordinance – Critical Dunes – SECOND READING
       Planning & Economic Development
    D. Adopt a Resolution Approving the Liquor License Application for EAT1635,
       LLC for a Class C Liquor License at 1635 Beidler City Clerk
    E. Approval of Neighborhood Enterprise Zone Certificate – 1173 4th Street
       Planning & Economic Development
    F. Ryerson Creek – Clean-up Efforts and Resolution in Support      Department
       of Public Works
    G. City Hall East Entrance Roof Replacement Department of Public Works

                                          Page 1 of 2
□   PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
Memorandum
To:      Mayor and Commissioners

From: Frank Peterson

Re:      City Commission Meeting

Date: January 4, 2018

Here is a quick outline of the items on our agenda(s):

REMINDER – THESE ARE THE ONLY MEETINGS SCHEDULED FOR DECEMBER

WORK SESSION

      1. There is nothing on the agenda, as we will be moving straight into the CRC Meeting to
         discuss board appointments.

REGULAR MEETING

      1. Under Honors and Awards we will honor the Big Reds football team for winning the state
         championship and we will be honoring player La’Darius Jefferson for being recognized as
         the 2017 MHSAA High School Football Player of the Year.
      2. Under Presentations, we will hear from Dr. Arbulu on the topic of Racial Equity. Dr. Arbulu
         is visiting from the Michigan Civil Rights Commission.
      3. Under the Consent Agenda, we are asking the Commission to consider the following:
              a. Approval of meeting minutes from the most-recent City Commission meeting.
              b. We will have the second reading of the bicycle ordinance.
              c. We will have the second reading of the critical dune ordinance.
              d. We are seeking approval for a liquor license (Class C) for the new goulash
                   restaurant located at 1635 Beidler.
              e. We are seeking approval of a Neighborhood Enterprise Zone Certificate.
              f. We are seeking an official resolution of support from the City Commission related
                   to clean up efforts at Ryerson Creek.
              g. We are seeking approval for the replacement of a section of roof at city hall. We
                   would like to undertake the work in the spring.


Let me know if you have any questions/comments/concerns
                City of Muskegon
                       State of Michigan


                CERTIFICATE OF RECOGNITION


WHEREAS; it gives me a great deal of pleasure to express to all the
            members of the Muskegon High School Big Reds
            Football team our sincere admiration for an exciting,
            hard-fought, and successful season; and

WHEREAS; under the guidance of Coach Shane Fairfield, we
            congratulate the Muskegon High School Big Reds
            Football Team on their 2017 Division III State
            Championship; and

WHEREAS; this fine team of young men demonstrated an
            outstanding spirit of dedication, enthusiasm and hard
            work;

NOW THEREFORE BE IT RESOLVED, that I, Mayor Gawron
            speaking on behalf of the City Commission and entire
            community deem it an honor and pleasure to present
            this Certificate of Recognition to the Big Reds football
            team for a remarkable year in football.

IN WITNESS WHEREOF, I have hereunto set my hand and cause
            the seal of the City of Muskegon to be affixed this 9th
            day of February 2018.




                                   ____________________________
                                      Stephen J. Gawron
                                             Mayor
                City of Muskegon
                       State of Michigan


               CERTIFICATE OF RECOGNITION



WHEREAS; it gives me a great deal of pleasure to express to
           La’Darius Jefferson our sincere admiration and
           congratulations for his outstanding achievement in
           being named High School Football Player of the Year;
           and

WHEREAS; La’Darius Jefferson scored 54 touchdowns and topped
           2,000 yards rushing and 1,000 yards passing in his senior
           season, and has signed on with Michigan State
           University;

NOW THEREFORE BE IT RESOLVED, that I, Mayor Gawron,
           speaking on behalf of the City Commission and the
           entire community deem it an honor and a pleasure to
           present this Certificate of Recognition to La’Darius
           Jefferson in recognition of his outstanding
           achievements and commend him for his display of
           sportsmanship and leadership.

IN WITNESS WHEREOF, I have hereunto set my hand and caused
           the seal of the City of Muskegon to be affixed this 9th
           day of February 2018.




                                   ____________________________
                                      Stephen J. Gawron
                                             Mayor
Date:     January 3, 2018
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the December 11, 2017
Worksession and the December 12, 2017 Regular Meeting minutes.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                              CITY OF MUSKEGON
                        CITY COMMISSION WORKSESSION

                             Monday, December 11, 2017
                                     5:30 p.m.
                             City Commission Chambers


                                 MINUTES

2017-96

Present:     Gawron, Hood, German, Rinsema-Sybenga, Johnson, Warren, and
             Turnquist
Absent:      None

Amendment to the Zoning Ordinance – Critical Dunes
Discussion took place regarding the staff-initiated request to amend Section 2310 of the
zoning ordinance to adopt a local critical dune ordinance. Act 451 of 1994, the Natural
Resources and Environmental Protection Act, allows municipalities to enact their own
critical dune ordinance and enforce it themselves, rather than relying on the Michigan
Department of Environmental Quality to do so. Staff anticipates that this will speed up
the approval process for projects located in critical dune areas.

Public comments were received.

2017-97      CLOSED SESSION:

Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to go into closed session.

Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga, and
Turnquist
Nays: None

   1. Collective Bargaining
   2. Attorney/Client Confidential Communication

Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to come out of closed session.

Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood
Nays: None
Absent: Warren
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to authorize the City Attorney to offer the settlement considered in closed
session.

Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron
Nays: None
Absent:    Hood and Warren

  3. Any Other Business

Adjournment      The Worksession meeting adjourned at 8:37 p.m.


                                          Respectfully submitted,



                                          Ann Marie Meisch, MMC – City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          DECEMBER 12, 2017 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                 MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, December 12, 2017.
Pastor Tim Cross, Living Word Church, opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:  Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., and Dan Rinsema-Sybenga,
City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:     Commissioner Debra Warren
HONORS AND AWARDS:
  A. Recognition of Pastor Tim Cross, Living Word Church, for support of the City
     of Muskegon Police Department          Chief Lewis presented Pastor Cross
     with a token of appreciation in recognition of the support he and Living
     Word Church have shown the City of Muskegon Police Department.
  B. Recognition of Community Relations Committee Members        The Mayor,
     on behalf of the entire City Commission, recognized and thanked those
     members of the City’s Community Relations Committees various Boards
     and Committees that were in attendance at the meeting. This included
     special recognition and presentation of a proclamation to Addie Sanders-
     Randall, a 28-year member of the Citizens District Council.
2017-98     CONSENT AGENDA:
  A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve minutes of the November 28, 2017 Regular
Meeting.
FINANCIAL IMPACT:       None


                                        Page 1 of 8
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
   B. Towing Contract Extension (Ramos Towing)                Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and consider approving a contract extension with our
current service provider, Ramos Towing. Currently, Ramos Towing provides
towing/impoundment/storage service for the City of Muskegon.
Ramos Towing has been under authorized contract services for towing for the
last four years. Staff will review the current contract in 2018, and begin exploring
and preparing a competitive bid process to select an acceptable tow service
upon expiration of this contact.
Ramos Towing is willing to extend towing services for another one year extension
or until a new contract can be approved. This is the second and final extension
allowed under the current contract.
FINANCIAL IMPACT:         None – current contract language in effect until
1/14/2019.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         Staff recommends approval of the extended
towing contract until a new contract is explored and accepted.
   D. 1st Quarter 2017-18 Budget Reforecast             Finance Director
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2017-18
Budget Reforecast which outlines proposed changes to the budget that have
come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT:         A summary of first quarter proposed adjustments to the
budget are as follows:
         •   General Fund revenues are reforecast to be $826,849 higher than
             the original budget, largely due to higher State projections for State
             Shared Revenue and the adjustments to permit revenue based on
             actual receipts.
         •   General Fund expenditures are reforecast to be $784,000 higher
             than the original budget, most of the adjustments were for Safebuilt
             based on the higher revenues projections for permits.
         •   There were some refinements to the Capital Projects budget
             resulting in an overall net increase of $350,000. These are mostly in
             the Water Fund based on higher than projected project costs.
BUDGET ACTION REQUIRED:         City Commission approval of this reforecast will


                                          Page 2 of 8
formally amend the City’s 2017-18 budget.
STAFF RECOMMENDATION:           Approval.
   E. Purchase of HUD Home at 1025 E Forest Avenue        Community &
      Neighborhood Services
SUMMARY OF REQUEST: To approve the purchase of a HUD home located at
1025 E Forest Avenue in Oakview Neighborhood for the price of $27,000.
After the sale, CNS will rehabilitate the single family dwelling as part of the HOME
funded Homebuyer Program.
FINANCIAL IMPACT:      The funding used for the purchase and rehabilitation
will come from 2017 HOME funds.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the request to purchase the
property.
   F. Pere Marquette Park – Recreational Improvements           Department of
      Public Works
SUMMARY OF REQUEST: The City has been awarded a DNR Trust Fund Grant for
recreational improvements at Pere Marquette Park. Westshore Consulting has
submitted a quote for professional engineering and surveying services in the
amount of $18,000, to complete plans and bidding documents for the
improvements. Staff is requesting that the amount be approved.
FINANCIAL IMPACT:        $18,000
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:          Authorize staff to enter into an agreement with
Westshore Consulting for a cost of $18,000.
   G. Request to Deny & Accept Properties that did not Sell During the Tax Sale
      for 2017    Planning & Economic Development
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2017. There were sixty-three properties left after the last auction.
According to the State’s tax foreclosure laws, the City must state that they are
not interested in obtaining them, otherwise the City will be automatically receive
ownership of the parcels. From the list that was provided, the City Manager,
Planning and Community & Neighborhood Services have gone over the parcels
to determine which ones to accept.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         To deny and accept certain parcels and
authorize both the Mayor and the Clerk to sign said resolution.

                                          Page 3 of 8
   I. Bicycle Ordinance         City Manager
SUMMARY OF REQUEST: To adopt the proposed ordinance containing rules to
govern a driver of a motor vehicle overtaking a bicycle proceeding in the same
direction.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To adopt the ordinance as presented.
   J. Control System Upgrades – Water Filtration Plant – Administration Building
      Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into a professional services
agreement for control system upgrades at Water Filtration Plan with Tetratech
per their proposal for $192,000.
FINANCIAL IMPACT:        $192,000
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Tetratech for a cost of $192,000.
   L. Community Relations Index: Policy Relative to Attendance       City Clerk
SUMMARY OF REQUEST: To change attendance reporting policy from quarterly
to annual.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of reporting attendance annually.
COMMITTEE RECOMMENDATION:          Community Relations Committee
unanimously voted to approve the reporting of the attendance to annually.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except Items C, H, and K.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
2017-99        ITEMS REMOVED FROM THE CONSENT AGENDA:
   C. 2018 User Fee Update      Finance Director
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.

                                         Page 4 of 8
The new fees and fee changes that are being proposed are highlighted on the
attached spreadsheet and significant changes include the following:
   •   Daily launch ramp and seasonal launch ramp fees have been updated;
   •   Small and large boat basin fees have been adjusted;
   •   Farmers Market annual stall fees have been adjusted;
   •   Kitchen 242 is adding fees for occasional or one-time users;
   •   Cemetery fees have been adjusted;
   •   Rental registration and re-inspection fees have been adjusted
FINANCIAL IMPACT:         Revenue generated for fee supported activities
BUDGET ACTION REQUIRED:          None at this time. Adoption of the Master Fee
Resolution will help the City attain its budget revenue estimates.
STAFF RECOMMENDATION:           Approval of the 2018 Master Fee Resolution.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the 2018 Master Fee Resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
           Turnquist
             Nays: None
MOTION PASSES
   H. Non-Represented Wages and Benefits                 City Manager
SUMMARY OF REQUEST: Staff is recommending the following wage and benefit
changes effective January 1, 2018:
   1. 1% cost of living adjustment
   2. 1% increase in residency incentive
   3. Amendment to the vacation time conversion policy and sick time cash-
      out policy to allow for unlimited vacation time conversion to sick time
      (currently limited to 120 hours annually), as well as unlimited sick time cash
      out annually (currently limited to 160 hours annually).
   4. Increase in annual tuition reimbursement from $1,000 to $2,000
   5. Expansion of tuition reimbursement program to all city employees –
      regardless of bargaining affiliation or representation.
Staff is further recommending expansion of the residency incentive to DEIU (1%),
POLC (2%), and COAM (2%) bargaining units effective July 1, 2018.
FINANCIAL IMPACT:      Items 1-5: $30,224 annually. Residency incentive
expansion: $18,485 annually.


                                           Page 5 of 8
BUDGET ACTION REQUIRED:         The proposed changes are currently funded in
the FY 2017-18 Budget.
STAFF RECOMMENDATION:           To approve the non-represented wage and
benefit structure, as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the non-represented wage and benefit structure, as presented.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Turnquist, and
           Johnson
             Nays: None
MOTION PASSES
   K. Western Market      City Clerk
SUMMARY OF REQUEST: The chalets at Western Market remain very popular. We
would like to add five more chalets to the site in 2018. We have found a
company to build the base of four of the chalets with our builder putting the
final touches on it. The fifth chalet will be built by our builder onsite. We will be
collecting applications for use of the chalets and a committee composed of the
Chamber, DMN, and City staff will make the final determination of selected
applicants.
FINANCIAL IMPACT:         $30,000
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Authorize the $30,000 in expenditures for the
addition of five chalets.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to authorize the $30,000 in expenditures for the addition of five chalets.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
2017-100     NEW BUSINESS:
   A. Transmittal of 6/30/17 Comprehensive Annual Financial Report
      Finance Director
SUMMARY OF REQUEST: The City’s June 30, 2017 Comprehensive Annual
Financial Report (CAFR) will be distributed to the City Commissioners via email
and hard copy. The CAFR will also be available on the City’s website. The CAFR
includes the annual independent auditor’s report as required by state law. At
this time the CAFR is being formally transmitted to the City Commission. The
CAFR has been prepared in accordance with all Governmental Accounting

                                          Page 6 of 8
Standards Board (GASB) pronouncements and also includes the single audit of
federal grants received by the City.
FINANCIAL IMPACT:          The CAFR report summarizes the City’s financial
activities for the year and includes the independent auditor’s unmodified
opinion on the City’s financial statement.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:            Acceptance of the June 30, 2017 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and
private agencies. http://www.muskegon-mi.gov/cresources/2016-17CAFR.pdf
Motion by Commissioner Johnson, second by Commissioner German, to accept
the June 30, 2017 CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   B. Amendment to the Zoning Ordinance – Critical Dunes      Planning &
      Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2310 of the
zoning ordinance. Act 451 of 1994, the Natural Resources and Environmental
Protection Act, allows municipalities to enact their own critical dune ordinance
and enforce it themselves, rather than relying on the Michigan Department of
Environmental Quality to do so. Staff anticipates that this will speed up the
approval process for projects located in critical dune areas.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment at their November 16,
meeting.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
zoning ordinance amendment.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES


                                        Page 7 of 8
PUBLIC PARTICIPATION: Comments were received by the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:52 p.m.


                                        Respectfully Submitted,




                                        Ann Meisch, MMC, City Clerk




                                    Page 8 of 8
Date:       January 5, 2018
To:         Honorable Mayor and City Commissioners
From:       City Manager
RE:         Bicycle Ordinance – SECOND READING


SUMMARY OF REQUEST: To adopt the proposed ordinance containing rules to govern a
driver of a motor vehicle overtaking a bicycle proceeding in the same direction.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: To adopt the ordinance as presented.
                             CITY OF MUSKEGON
                            COUNTY OF MUSKEGON
                             STATE OF MICHIGAN

  AN ORDINANCE TO ADD SECTION 92-33 OF THE CITY OF MUSKEGON CODE OF
           ORDINANCES TO ADDRESS THE PASSING OF BICYCLES
                                   ORDINANCE NO.___________


THE CITY OF MUSKEGON ORDAINS:


Section 92-33. Rule 598 of Article III of Chapter 92 of the City of Muskegon City Code is
               added to read as follows:
 (1)          Rule 598. – Passing of bicycles. Except when overtaking and passing on the
              right is permitted, the following rules shall govern a driver of a motor vehicle
              overtaking a bicycle proceeding in the same direction:
              a. If there is more than one lane for traffic proceeding in the same direction,
                 move the vehicle to the lane to the immediate left, if the lane is available and
                 moving into the lane is reasonably safe.

              b. If there is only one lane for traffic proceeding in the same direction, pass to
                 the left of the person operating a bicycle at a safe distance, which must be not
                 less than 5 feet between any portion of the vehicle and the bicycle, and shall
                 not move again to the right side of the highway until the vehicle is safely clear
                 of the overtaken person operating a bicycle

              c. The driver of a motor vehicle may drive to the left of the center of a roadway,
                 including when a no passing zone is marked, to pass a person operating a
                 bicycle only if the roadway to the left of the center is unobstructed for a
                 sufficient distance to permit the driver to pass the person operating the bicycle
                 safely and avoid interference with oncoming traffic. This paragraph does not
                 authorize driving on the left side of the center of the roadway when otherwise
                 prohibited by local ordinance or state law.

              d. Any person violating the provision of this Section shall be responsible for a
                 municipal civil infraction.

(2)           Severability. Should any part of this ordinance be held invalid by a court of
              competent jurisdiction, the remaining parts shall be severable and shall continue
              in full force and effect.
(3)           Ordinance Repeal.     All ordinances in conflict with the provisions of this
              ordinance are hereby repealed.


(4)           Effective Date. This ordinance shall be effective 10 days after adoption and
              publication.


                                    ____________________________________________
                                    Ann Marie Meisch, City Clerk


Introduced:
Adopted:
Published:
Effective:
              Commission Meeting Date: December 12, 2017




Date:        January 4, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Amendment to the Zoning Ordinance – Critical Dunes


SUMMARY OF REQUEST:

Staff-initiated request to amend Section 2310 of the zoning ordinance to adopt a
local critical dune ordinance. Act 451 of 1994, the Natural Resources and
Environmental Protection Act, allows municipalities to enact their own critical dune
ordinance and enforce it themselves, rather than relying on the Michigan Department of
Environmental Quality to do so. Staff anticipates that this will speed up the approval
process for projects located in critical dune areas.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the zoning ordinance amendment.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended approval of the ordinance
amendment at their November 16 meeting.
                                        Staff Report (EXCERPT)
                                           CITY OF MUSKEGON
                                        PLANNING COMMISSION
                                           REGULAR MEETING

Hearing, Case 2017-30: Request to amend the zoning ordinance by adopting a local critical dune ordinance,
per Public Act 451 of 1994, the Natural Resources and Environmental Protection Act.


SUMMARY
   1. Critical Dunes in Michigan are regulated by the Michigan Department of Environmental Quality
      (MDEQ). Anyone doing work in a critical dune must first receive a permit from the MDEQ. These
      permits can take several months to get approved, so it often times slows down projects.
   2. Act 451 of 1994 allows local municipalities to enact their own critical dune ordinance and enforce it
      themselves. Staff has created the enclosed draft ordinance, which has been reviewed by the MDEQ.
   3. Staff plans to either enforce the ordinance in-house by doing our own inspections or possibly
      contracting with a private firm for inspections.
   4. Please see the enclose map that shows the locations of Critical Dunes in Muskegon.
   5. Please see the eclipsed proposed ordinance.



NEW LANGUAGE

SECTION 2310: Critical Dune Overlay District

   1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
      government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
         a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
             resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
             educational, agricultural, and ecological benefits to the people of this community, to the state, and
             to the people from other states and countries who visit this resource.
         b. The purpose of this ordinance is to balance for present and future generations the benefits of
             protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
             state's critical dunes with the benefits of economic development and multiple human uses of the
             critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
             accomplish this purpose, this ordinance is intended to do all of the following:
                  • Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
                      manner that is compatible with private property rights.
                  • Ensure sound management of all critical dunes by allowing for compatible economic
                      development and multiple human uses of the critical dunes.
                  • Coordinate and streamline governmental decision-making affecting critical dunes through
                      the use of the most comprehensive, accurate, and reliable information and scientific data
                      available.
        c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
           and the recreational use of critical dune areas shall occur only when the protection of the
           environment and the ecology of the critical dune areas for the benefit of the present and future
           generations is assured.
        d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
           measures necessary to achieve these ends.


2. Definitions – As used in this section,
      a. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
           physical characteristic of a critical dune area, except that which is involved in sand dune mining.
      b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
           slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
           feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
      c. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
           dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
           other locally designated sand dune areas included on the City of Muskegon Zoning Map.
      d. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
           easement serving the property to the principal building or accessory buildings, that is paved,
           graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
           discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
           owner, a shared driveway.
      e. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
           of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
           often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
           an exposed sand face.
      f. "Permit" means a permit for a use within a critical dune area.
      g. "Restabilization" means restoration of the natural contours of a critical dune to the extent
           practicable, the restoration of the protective vegetative cover of a critical dune through the
           establishment of indigenous vegetation, and the placement of snow fencing or other temporary
           sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
      h. “Sand dune mining” means the removal of sand from sand dine areas for commercial or industrial
           purposes.
      i. "Special use project" means any of the following:
               • A proposed use in a critical dune area for an industrial or commercial purpose regardless of
                     the size of the site.
               • A multifamily use of more than 3 acres.
               • A multifamily use of 3 acres or less if the density of use is greater than 4 individual
                     residences per acre.
               • A proposed use in a critical dune area, regardless of size of the use, that the planning
                     commission determines would damage or destroy features of archaeological or historical
                     significance.
      j. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
           person that significantly alters the physical characteristic of a critical dune area or a contour change
           done or caused to be done by a person. Use does not include sand dune mining.
3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of
   Muskegon Zoning Map which is a part of this ordinance. These lands include the entire critical dune area
   as designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994, and
   to such other lands as locally designated and depicted thereon. Locally designated sand dunes together with
   dunes designated under Public Act 451 shall be known as critical dune areas for the purpose of this
   ordinance. Lands that are within 250 feet of a critical dune area, that are determined by the Planning
   Commission to be essential to the hydrology, ecology, topography, or integrity of a critical dune area shall
   also receive all the protection afforded to critical dunes in the Overlay Zone, even if not so depicted on the
   City of Muskegon Zoning Map.

4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
      a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
         compliance with the minimum standards of this ordinance and after review and approval of a site
         plan and other documents as required herein.
      b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
         with the requirements of this ordinance.
      c. No use which is in existence as of the effective date of this Article shall be expanded, except in
         strict compliance with the minimum standards of this Ordinance.
      d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
         Section 2203.

5. Application Requirements. All applications for permits for the use of a critical dune area shall include in
   writing showing evidence:
       a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation Control, of
           Public Act 451 of 1994, as amended, finds that the project is in compliance with the act and any
           applicable soil erosion and sedimentation control ordinance that is in effect in Muskegon County.
       b. That a proposed sewage treatment or disposal system on the site has been approved by the county
           health department, if applicable.
       c. Assuring that the cutting and removing of trees and other vegetation will be performed according to
           the forestry management guidelines for Michigan prepared by the Society of American Foresters in
           1987, as revised in 2010, and will include instructions or plans to provide mitigation for the
           removal of trees or vegetation by providing assurances that the applicant will plant on the site more
           trees and other vegetation on the site than were removed by the proposed use.
       d. Except as otherwise provided in this subsection, a site plan that contains data required by this
           Section and Article XXIII, Section 2330, concerning the physical development of the site and
           extent of disruption of the site by the proposed development.
       e. The Zoning Administrator shall not require an environmental site assessment or environmental
           impact statement as part of a permit application for a use in a critical dune overlay zone except for a
           “Special Use” project.
       f. The Zoning Administrator will require that the applicant supply a contour map of the site with 1-
           foot contour intervals at or near any proposed structure or roadway for any new construction.
       g. The payment of any required fees for processing and/or professional review of the submitted site
           plan.
6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
   it shall include the following information concerning the site of the proposed use:
        a. The name and address of the applicant.
        b. A description of the application’s proprietary interest in the site.
        c. The name, address, and professional qualification of the person preparing the environmental
             assessment and his/her opinion as to whether the proposed development of the site is consistent
             with protecting features of environmental sensitivity and archaeological or historical significance
             that may be located on the site.
        d. The description and purpose of the proposed use.
        e. The location of existing utilities and drainage ways.
        f. The general location and approximate dimensions of proposed structures.
        g. Major proposed change of land forms such as new lakes, terracing or excavating.
        h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
             space.
        i. Approximate location and type of proposed drainage, water, and sewage facilities.
        j. Legal description of property.
        k. A physical description of the site, including its dominant characteristics, its vegetative character, its
             present use, and other relevant information.
        l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
             bearing conditions, and any other hazards peculiar to the site.
        m. An erosion review showing how erosion control will be achieved, and illustrating plans or
             programs that may be required by any existing soil erosion and sedimentation ordinance.

7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
   following information concerning the site of the proposed use:
       a. The name and address of the applicant.
       b. A description of the applicant's proprietary interest in the site of the proposed use.
       c. The name, address, and professional qualifications of the proposed professional design team
           members, including the designation of the person responsible for the preparation of the
           environmental impact statement.
       d. The description and purpose of the proposed use.
       e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
           the general location of the proposed use and major existing physical and natural features on the site,
           including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
       f. The location of the existing utilities and drainage ways.
       g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
           adjacent to the proposed use.
       h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
           trails, off-street parking, and loading areas.
       i. The general location and approximate dimensions of proposed structures.
       j. Major proposed change of land forms such as new lakes, terracing, or excavating.
       k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
           contour intervals.
       l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
           open space.
       m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
          facilities.
       n. A legal description of the property.
       o. An aerial photo and contour map showing the development site in relation to the surrounding area.
       p. A description of the physical site, including its dominant characteristics, its vegetative character, its
          present use, and other relevant information.
       q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
          soil permits the use of septic tanks or requires central sewer. The review may be based on the
          "United Soil Classification System" as adopted by the United States Government Corps of
          Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
          classification system, and the standards for the development prospects that have been offered for
          each portion of the site.
       r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
          bearing conditions, and any other hazards peculiar to the site.
       s. A substrata review including a descriptive summary of the various geologic bedrock formations
          underlying the site, including the identification of known aquifers, the approximate depths of the
          aquifers and, if being tapped for use, the principal uses to be made of these waters, including
          irrigation, domestic water supply, and industrial usage.
       t. An erosion review showing how erosion control will be achieved, and illustrating plans or
          programs that may be required by any existing soil erosion and sedimentation ordinance.
       u. At a minimum, plans for compliance with all of the following standards shall be required for
          construction and post-construction periods:
               • Surface drainage designs and structures are erosion proof through control of the direction,
                   volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
                   growth that are included in the design in order that drainage waters may be impeded in their
                   flow and percolation encouraged.
               • The design shall include trash collection devices when handling street and parking drainage
                   to contain solid waste and trash.
               • Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
                   erosion. In particular, changes of direction shall guard against undercutting of banks.
               • If vegetation has been removed or has not been able to occur on surface areas such as infill
                   zones, it shall be the duty of the developer to stabilize and control the impacted surface
                   areas to prevent wind erosion and the blowing of surface material through the planting of
                   grasses, and windbreaks and other similar barriers.

8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
   dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
   permanent building approved under this ordinance or a lawful nonconforming use, subject only to
   applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
   1999, as amended, and the following:
      a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
           applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
           any, shall meet the applicable requirements for any other use under this ordinance. The
           development of a plan for a driveway should include consideration of the use of retaining walls,
           bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
           turnaround areas, and the consideration of alternative locations on the same lot of record
        b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
           than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
           the permit application and prepared for the site by a registered professional architect or licensed
           professional engineer. The site plan shall include:
                    • Storm water drainage that provides for disposal of storm water without serious erosion,
                    • Methods for controlling erosion from wind and water, and
                    • Restabilization, by design elements including vegetation, cut-and-fill, bridges,
                        traverses, and such other elements as are required in the judgment of the architect or
                        engineer to meet these requirements.
        c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
           accordance with a site plan submitted with the permit application and prepared for the site by a
           licensed professional engineer. The site plan shall include:
               • Storm water drainage that provides for disposal of storm water without serious erosion,
               • Methods for controlling erosion from wind and water, and
               • Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                    and such other elements as are required in the judgment of the engineer to meet these
                    requirements. The engineer shall certify under seal that the driveway is not likely to
                    increase erosion or decrease stability.
        d. Temporary construction access for all construction, including new construction, renovation, repairs,
           rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
           shall be allowed for any use allowed in a critical dune area for which a driveway is not already
           installed by the owner, subject only to the requirements that the temporary access shall not involve
           a contour change or vegetation removal that increases erosion or decreases stability except as can
           be restabilized upon completion of the construction. The temporary access shall be maintained in
           stable condition, and restabilization shall be commenced promptly upon completion of the
           construction.

9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
   facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
   accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
   Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
   the permit was issued from the operation of this section if the maintenance, repair, or replacement is
   completed in compliance with all of the following:
       a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
       b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
            following completion of work to prevent erosion.
       c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
            the dune will be minimized and will not significantly after the physical characteristics or stability of
            the dune.
       d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
            pole, and the existing pole shall be removed by cutting at ground level.
       e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
            excavation necessary to replace the wires by plowing, small trench excavation, or directional
            boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
            shall be limited to installation by plowing or directional boring only.
        f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
           and if excavation is necessary to access and bore the pipeline the excavation area shall be located
           on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.

10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
   construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
   or other permanent building allowed in a critical dune area, including a dwelling or other permanent
   building approved under this section or a lawful nonconforming use, subject only to applicable permit
   requirements of this section and the following:
           a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
               but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
               with a site plan submitted with the permit application and prepared for the site by a registered
               professional architect or licensed professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements.
           b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
               shall be in accordance with a site plan submitted with the permit application and prepared for
               the site by a licensed professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements. The engineer shall certify under seal that the accessibility
                        measures are not likely to increase erosion or decrease stability.

    The choice of components for an accessible route under American national standards institute standard
    402.2 shall be at the option of the applicant.

11. Prohibited Uses. The following uses are not permitted in a critical dune area:
            a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
               exceeded.
            b. A use that does not comply with the minimum setback requirements required by rules that are
               promulgated under part 323 of Public Act 451 of 1994.
            c. A surface drilling operation that is utilized for the purpose of exploring for or producing
               hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
               except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
               continuance, completion, restoration, reconstruction, extension, or substitution of those existing
               uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
            d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
               are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
               completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
               permitted upon reasonable terms prescribed by the Planning Commission.
12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
   not permitted in a critical dune area:
          a. A structure and access to the structure on a slope within a critical dune area that has a slope that
               measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
               in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
               with a site plan prepared for the site by a registered professional architect or a licensed
               professional engineer and the site plan provides for the disposal of storm waters without serious
               soil erosion and without sedimentation of any stream or other body of water.
          b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
               a 3-foot horizontal plane.
          c. A use involving a contour change if the Zoning Administrator determines that it is more likely
               than not to increase erosion or decrease stability.
          d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
               prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
               determines that they are more likely than not to increase erosion or decrease stability.
          e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
               likely than not to increase erosion or decrease stability.

13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
    required, the Zoning Administrator shall:
            a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
                with existing laws.
            b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
                site plan, and if so, to so seek it.
            c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
                the development is approved and to ensure compliance with all applicable state and local
                requirements.
            d. Determine that the proposed use will ensure and enhance the diversity, quality, function and
                values of the critical dune in a manner that is compatible with private property rights; allows for
                compatible economic development and multiple human uses of the critical dune, using the
                most competent, accurate and reliable information and scientific data available.

14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or
    within 250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
    essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used except
    upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued for the use of
    land within this zone or within 250 feet outside the zone that is determined by the Planning Commission to
    be essential to the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
    meeting the requirements of this Section and those of Article XXIII, Section 2330, have been met. If
    requested, the Planning Commission will make the final determination as to whether or not these standards
    have been met and shall exercise its lawful discretion in all cases in favor of protection of the critical dune
    area.

15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
    of a zoning permit as required in this Ordinance.
16. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
    recommendation for approval, approval with conditions, or denial is made by the Planning Commission
    pursuant to the special use procedures of this ordinance shall be completed.

17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
    within a critical dune area, the Planning Commission shall submit the special use project application and
    site plan and their proposed decision to the Department of Environmental Quality, Land and Water
    Management Division following the procedures of this ordinance.

18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
    area in the time of the adoption of this overlay zone, may be continued although the use of that land or
    structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
    reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
    continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
    Section2202.

19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
    other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
    be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
    replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
    scope that which was destroyed.

20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
    if an unreasonable hardship will occur to the owner of the property if the variance is not granted. The
    procedural requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals)
    shall be adhered to. A variance shall be subject to the following limitations:
            a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
                if a practical difficulty will occur to the owner of the property if the variance is not granted. In
                determining whether a practical difficulty will occur if a variance is not granted, primary
                consideration shall be given to assuring that human health and safety are protected by the
                determination and that the determination complies with applicable local zoning, other state
                laws, and federal law. If a practical difficulty will occur to the owner of the property if the
                variance is not granted, a variance shall be granted under this Section unless the Zoning Board
                of Appeals determines that the use will significantly damage the public interest on the privately
                owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
                significant and unreasonable depletion or degradation of any of the following:
                         • The diversity of the critical dune areas within the local unit of government.
                         • The quality of the critical dune areas within the local unit of government.
                         • The functions of the critical dune areas within the local unit of government.
            b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
                evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
                1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
                review upholding the decision shall determine, all of the following:
                         • That the City of Muskegon has met the burden of proof under subsections 1A
                             through 1C.
                         • That the decision is based upon sufficient facts or data.
                         • That the decision is the product of reliable scientific principles and methods.
                         • That the decision has applied the principles and methods reliably to the facts.
                         • That the facts or data upon which the decision is based are recorded in the file.
             c. The City of Muskegon shall not require an environmental site assessment or environmental
                 impact statement for a variance except for a special use project.
             d. A variance shall not be granted from a setback requirement provided for under Section 35034
                 pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
                 requested is one of the following:
                     • A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
                         nonconforming due to the operation of Part 353.
                     • A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
                         shoreline erosion.
                     • Property on which the base of the first landward critical dune of at least 20 feet in
                         height that is not a foredune is located at least 500 feet inland from the first foredune
                         crest or line of vegetation on the property. However, the setback shall be a minimum of
                         200 feet measured from the foredune crest or line of vegetation.
21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
    shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
    violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
    of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
    restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
    violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
    been degraded by that person, the Zoning Administrator shall establish a procedure by which the
    restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
    manner.

22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
    Environmental Protection Act, PA 451 of 1994, as amended.

23. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
    invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
    Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
    section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
    subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
    is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
    with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
    amended.
                                            CITY OF MUSKEGON

                                     MUSKEGON COUNTY, MICHIGAN

                                            ORDINANCE NO._____

An ordinance to amend section 2310 of the zoning ordinance to adopt a local critical dune ordinance.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE


SECTION 2310: Critical Dune Overlay District

   1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
      government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
         a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
             resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
             educational, agricultural, and ecological benefits to the people of this community, to the state, and
             to the people from other states and countries who visit this resource.
         b. The purpose of this ordinance is to balance for present and future generations the benefits of
             protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
             state's critical dunes with the benefits of economic development and multiple human uses of the
             critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
             accomplish this purpose, this ordinance is intended to do all of the following:
                  • Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
                      manner that is compatible with private property rights.
                  • Ensure sound management of all critical dunes by allowing for compatible economic
                      development and multiple human uses of the critical dunes.
                  • Coordinate and streamline governmental decision-making affecting critical dunes through
                      the use of the most comprehensive, accurate, and reliable information and scientific data
                      available.
         c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
             and the recreational use of critical dune areas shall occur only when the protection of the
             environment and the ecology of the critical dune areas for the benefit of the present and future
             generations is assured.
         d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
             measures necessary to achieve these ends.


   2. Definitions – As used in this section,
         a. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
              physical characteristic of a critical dune area, except that which is involved in sand dune mining.
         b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
              slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
              feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
       c. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
          dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
          other locally designated sand dune areas included on the City of Muskegon Zoning Map.
       d. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
          easement serving the property to the principal building or accessory buildings, that is paved,
          graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
          discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
          owner, a shared driveway.
       e. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
          of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
          often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
          an exposed sand face.
       f. "Permit" means a permit for a use within a critical dune area.
       g. "Restabilization" means restoration of the natural contours of a critical dune to the extent
          practicable, the restoration of the protective vegetative cover of a critical dune through the
          establishment of indigenous vegetation, and the placement of snow fencing or other temporary
          sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
       h. “Sand dune mining” means the removal of sand from sand dine areas for commercial or industrial
          purposes.
       i. "Special use project" means any of the following:
              • A proposed use in a critical dune area for an industrial or commercial purpose regardless of
                  the size of the site.
              • A multifamily use of more than 3 acres.
              • A multifamily use of 3 acres or less if the density of use is greater than 4 individual
                  residences per acre.
              • A proposed use in a critical dune area, regardless of size of the use, that the planning
                  commission determines would damage or destroy features of archaeological or historical
                  significance.
       j. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
          person that significantly alters the physical characteristic of a critical dune area or a contour change
          done or caused to be done by a person. Use does not include sand dune mining.


3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of
   Muskegon Zoning Map which is a part of this ordinance. These lands include the entire critical dune area
   as designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994, and
   to such other lands as locally designated and depicted thereon. Locally designated sand dunes together with
   dunes designated under Public Act 451 shall be known as critical dune areas for the purpose of this
   ordinance. Lands that are within 250 feet of a critical dune area, that are determined by the Planning
   Commission to be essential to the hydrology, ecology, topography, or integrity of a critical dune area shall
   also receive all the protection afforded to critical dunes in the Overlay Zone, even if not so depicted on the
   City of Muskegon Zoning Map.

4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
        a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
           compliance with the minimum standards of this ordinance and after review and approval of a site
           plan and other documents as required herein.
        b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
           with the requirements of this ordinance.
        c. No use which is in existence as of the effective date of this Article shall be expanded, except in
           strict compliance with the minimum standards of this Ordinance.
        d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
           Section 2203.

5. Application Requirements. All applications for permits for the use of a critical dune area shall include in
   writing showing evidence:
       a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation Control, of
           Public Act 451 of 1994, as amended, finds that the project is in compliance with the act and any
           applicable soil erosion and sedimentation control ordinance that is in effect in Muskegon County.
       b. That a proposed sewage treatment or disposal system on the site has been approved by the county
           health department, if applicable.
       c. Assuring that the cutting and removing of trees and other vegetation will be performed according to
           the forestry management guidelines for Michigan prepared by the Society of American Foresters in
           1987, as revised in 2010, and will include instructions or plans to provide mitigation for the
           removal of trees or vegetation by providing assurances that the applicant will plant on the site more
           trees and other vegetation on the site than were removed by the proposed use.
       d. Except as otherwise provided in this subsection, a site plan that contains data required by this
           Section and Article XXIII, Section 2330, concerning the physical development of the site and
           extent of disruption of the site by the proposed development.
       e. The Zoning Administrator shall not require an environmental site assessment or environmental
           impact statement as part of a permit application for a use in a critical dune overlay zone except for a
           “Special Use” project.
       f. The Zoning Administrator will require that the applicant supply a contour map of the site with 1-
           foot contour intervals at or near any proposed structure or roadway for any new construction.
       g. The payment of any required fees for processing and/or professional review of the submitted site
           plan.

6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
   it shall include the following information concerning the site of the proposed use:
        a. The name and address of the applicant.
        b. A description of the application’s proprietary interest in the site.
        c. The name, address, and professional qualification of the person preparing the environmental
             assessment and his/her opinion as to whether the proposed development of the site is consistent
             with protecting features of environmental sensitivity and archaeological or historical significance
             that may be located on the site.
        d. The description and purpose of the proposed use.
        e. The location of existing utilities and drainage ways.
        f. The general location and approximate dimensions of proposed structures.
        g. Major proposed change of land forms such as new lakes, terracing or excavating.
        h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
           space.
        i. Approximate location and type of proposed drainage, water, and sewage facilities.
        j. Legal description of property.
        k. A physical description of the site, including its dominant characteristics, its vegetative character, its
           present use, and other relevant information.
        l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
           bearing conditions, and any other hazards peculiar to the site.
        m. An erosion review showing how erosion control will be achieved, and illustrating plans or
           programs that may be required by any existing soil erosion and sedimentation ordinance.

7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
   following information concerning the site of the proposed use:
       a. The name and address of the applicant.
       b. A description of the applicant's proprietary interest in the site of the proposed use.
       c. The name, address, and professional qualifications of the proposed professional design team
           members, including the designation of the person responsible for the preparation of the
           environmental impact statement.
       d. The description and purpose of the proposed use.
       e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
           the general location of the proposed use and major existing physical and natural features on the site,
           including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
       f. The location of the existing utilities and drainage ways.
       g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
           adjacent to the proposed use.
       h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
           trails, off-street parking, and loading areas.
       i. The general location and approximate dimensions of proposed structures.
       j. Major proposed change of land forms such as new lakes, terracing, or excavating.
       k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
           contour intervals.
       l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
           open space.
       m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
           facilities.
       n. A legal description of the property.
       o. An aerial photo and contour map showing the development site in relation to the surrounding area.
       p. A description of the physical site, including its dominant characteristics, its vegetative character, its
           present use, and other relevant information.
       q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
           soil permits the use of septic tanks or requires central sewer. The review may be based on the
           "United Soil Classification System" as adopted by the United States Government Corps of
           Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
           classification system, and the standards for the development prospects that have been offered for
           each portion of the site.
        r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
           bearing conditions, and any other hazards peculiar to the site.
        s. A substrata review including a descriptive summary of the various geologic bedrock formations
           underlying the site, including the identification of known aquifers, the approximate depths of the
           aquifers and, if being tapped for use, the principal uses to be made of these waters, including
           irrigation, domestic water supply, and industrial usage.
        t. An erosion review showing how erosion control will be achieved, and illustrating plans or
           programs that may be required by any existing soil erosion and sedimentation ordinance.
        u. At a minimum, plans for compliance with all of the following standards shall be required for
           construction and post-construction periods:
                • Surface drainage designs and structures are erosion proof through control of the direction,
                    volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
                    growth that are included in the design in order that drainage waters may be impeded in their
                    flow and percolation encouraged.
                • The design shall include trash collection devices when handling street and parking drainage
                    to contain solid waste and trash.
                • Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
                    erosion. In particular, changes of direction shall guard against undercutting of banks.
                • If vegetation has been removed or has not been able to occur on surface areas such as infill
                    zones, it shall be the duty of the developer to stabilize and control the impacted surface
                    areas to prevent wind erosion and the blowing of surface material through the planting of
                    grasses, and windbreaks and other similar barriers.

8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
   dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
   permanent building approved under this ordinance or a lawful nonconforming use, subject only to
   applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
   1999, as amended, and the following:
      a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
           applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
           any, shall meet the applicable requirements for any other use under this ordinance. The
           development of a plan for a driveway should include consideration of the use of retaining walls,
           bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
           turnaround areas, and the consideration of alternative locations on the same lot of record
      b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
           than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
           the permit application and prepared for the site by a registered professional architect or licensed
           professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restabilization, by design elements including vegetation, cut-and-fill, bridges,
                        traverses, and such other elements as are required in the judgment of the architect or
                        engineer to meet these requirements.
      c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
           accordance with a site plan submitted with the permit application and prepared for the site by a
           licensed professional engineer. The site plan shall include:
                •   Storm water drainage that provides for disposal of storm water without serious erosion,
                •   Methods for controlling erosion from wind and water, and
                •   Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                    and such other elements as are required in the judgment of the engineer to meet these
                    requirements. The engineer shall certify under seal that the driveway is not likely to
                    increase erosion or decrease stability.
        d. Temporary construction access for all construction, including new construction, renovation, repairs,
           rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
           shall be allowed for any use allowed in a critical dune area for which a driveway is not already
           installed by the owner, subject only to the requirements that the temporary access shall not involve
           a contour change or vegetation removal that increases erosion or decreases stability except as can
           be restabilized upon completion of the construction. The temporary access shall be maintained in
           stable condition, and restabilization shall be commenced promptly upon completion of the
           construction.

9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
   facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
   accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
   Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
   the permit was issued from the operation of this section if the maintenance, repair, or replacement is
   completed in compliance with all of the following:
       a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
       b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
            following completion of work to prevent erosion.
       c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
            the dune will be minimized and will not significantly after the physical characteristics or stability of
            the dune.
       d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
            pole, and the existing pole shall be removed by cutting at ground level.
       e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
            excavation necessary to replace the wires by plowing, small trench excavation, or directional
            boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
            shall be limited to installation by plowing or directional boring only.
       f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
            and if excavation is necessary to access and bore the pipeline the excavation area shall be located
            on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.

10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
   construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
   or other permanent building allowed in a critical dune area, including a dwelling or other permanent
   building approved under this section or a lawful nonconforming use, subject only to applicable permit
   requirements of this section and the following:
           a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
               but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
               with a site plan submitted with the permit application and prepared for the site by a registered
               professional architect or licensed professional engineer. The site plan shall include:
                    •   Storm water drainage that provides for disposal of storm water without serious erosion,
                    •   Methods for controlling erosion from wind and water, and
                    •   Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements.
            b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
               shall be in accordance with a site plan submitted with the permit application and prepared for
               the site by a licensed professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements. The engineer shall certify under seal that the accessibility
                        measures are not likely to increase erosion or decrease stability.

    The choice of components for an accessible route under American national standards institute standard
    402.2 shall be at the option of the applicant.

11. Prohibited Uses. The following uses are not permitted in a critical dune area:
            a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
               exceeded.
            b. A use that does not comply with the minimum setback requirements required by rules that are
               promulgated under part 323 of Public Act 451 of 1994.
            c. A surface drilling operation that is utilized for the purpose of exploring for or producing
               hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
               except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
               continuance, completion, restoration, reconstruction, extension, or substitution of those existing
               uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
            d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
               are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
               completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
               permitted upon reasonable terms prescribed by the Planning Commission.

12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
   not permitted in a critical dune area:
          a. A structure and access to the structure on a slope within a critical dune area that has a slope that
               measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
               in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
               with a site plan prepared for the site by a registered professional architect or a licensed
               professional engineer and the site plan provides for the disposal of storm waters without serious
               soil erosion and without sedimentation of any stream or other body of water.
          b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
               a 3-foot horizontal plane.
          c. A use involving a contour change if the Zoning Administrator determines that it is more likely
               than not to increase erosion or decrease stability.
            d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
               prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
               determines that they are more likely than not to increase erosion or decrease stability.
            e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
               likely than not to increase erosion or decrease stability.

13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
    required, the Zoning Administrator shall:
            a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
                with existing laws.
            b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
                site plan, and if so, to so seek it.
            c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
                the development is approved and to ensure compliance with all applicable state and local
                requirements.
            d. Determine that the proposed use will ensure and enhance the diversity, quality, function and
                values of the critical dune in a manner that is compatible with private property rights; allows for
                compatible economic development and multiple human uses of the critical dune, using the
                most competent, accurate and reliable information and scientific data available.

14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or
    within 250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
    essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used except
    upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued for the use of
    land within this zone or within 250 feet outside the zone that is determined by the Planning Commission to
    be essential to the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
    meeting the requirements of this Section and those of Article XXIII, Section 2330, have been met. If
    requested, the Planning Commission will make the final determination as to whether or not these standards
    have been met and shall exercise its lawful discretion in all cases in favor of protection of the critical dune
    area.

15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
    of a zoning permit as required in this Ordinance.

16. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
    recommendation for approval, approval with conditions, or denial is made by the Planning Commission
    pursuant to the special use procedures of this ordinance shall be completed.

17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
    within a critical dune area, the Planning Commission shall submit the special use project application and
    site plan and their proposed decision to the Department of Environmental Quality, Land and Water
    Management Division following the procedures of this ordinance.

18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
    area in the time of the adoption of this overlay zone, may be continued although the use of that land or
    structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
    reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
    continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
    Section2202.

19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
    other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
    be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
    replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
    scope that which was destroyed.

20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
    if an unreasonable hardship will occur to the owner of the property if the variance is not granted. The
    procedural requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals)
    shall be adhered to. A variance shall be subject to the following limitations:
            a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
                if a practical difficulty will occur to the owner of the property if the variance is not granted. In
                determining whether a practical difficulty will occur if a variance is not granted, primary
                consideration shall be given to assuring that human health and safety are protected by the
                determination and that the determination complies with applicable local zoning, other state
                laws, and federal law. If a practical difficulty will occur to the owner of the property if the
                variance is not granted, a variance shall be granted under this Section unless the Zoning Board
                of Appeals determines that the use will significantly damage the public interest on the privately
                owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
                significant and unreasonable depletion or degradation of any of the following:
                         • The diversity of the critical dune areas within the local unit of government.
                         • The quality of the critical dune areas within the local unit of government.
                         • The functions of the critical dune areas within the local unit of government.
            b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
                evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
                1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
                review upholding the decision shall determine, all of the following:
                         • That the City of Muskegon has met the burden of proof under subsections 1A
                             through 1C.
                         • That the decision is based upon sufficient facts or data.
                         • That the decision is the product of reliable scientific principles and methods.
                         • That the decision has applied the principles and methods reliably to the facts.
                         • That the facts or data upon which the decision is based are recorded in the file.
            c. The City of Muskegon shall not require an environmental site assessment or environmental
                impact statement for a variance except for a special use project.
            d. A variance shall not be granted from a setback requirement provided for under Section 35034
                pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
                requested is one of the following:
                     • A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
                         nonconforming due to the operation of Part 353.
                       •    A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
                            shoreline erosion.
                        • Property on which the base of the first landward critical dune of at least 20 feet in
                            height that is not a foredune is located at least 500 feet inland from the first foredune
                            crest or line of vegetation on the property. However, the setback shall be a minimum of
                            200 feet measured from the foredune crest or line of vegetation.
   21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
       shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
       violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
       of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
       restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
       violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
       been degraded by that person, the Zoning Administrator shall establish a procedure by which the
       restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
       manner.

   22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
       Environmental Protection Act, PA 451 of 1994, as amended.

   23. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
       invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
       Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
       section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
       subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
       is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
       with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
       amended.
This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                        CITY OF MUSKEGON

                                                        By: _________________________________
                                                               Ann Meisch, MMC, City Clerk
                                           CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
12th day of December, 2017, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were
kept and will be or have been made available as required thereby.

DATED: ___________________, 2017.               __________________________________________
                                                Ann Meisch, MMC
                                                Clerk, City of Muskegon



Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.
                                             CITY OF MUSKEGON
                                             NOTICE OF ADOPTION

Please take notice that on December 12, 2017, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2310 of the zoning ordinance to adopt a local critical dune
ordinance. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

This ordinance amendment is effective ten days from the date of this publication.

Published ____________________, 2017.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Meisch, MMC
                                                                         City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                        23
                                                                                                                                                 CRITICAL DUNE AREAS



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  VETERANS MEMORIAL PARK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     CA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         SE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           W
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AY
    Muskegon City Limits
    Critical Dunes


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              BR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   31
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     RICHARDS PARK                                           M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              -1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                20                                                                     TO M-120
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              BR 31 SB

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       31 NB
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           M-120 TO BR




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PUBLIC BOAT LAUNCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            0
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          12
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       M-
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     TO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NB
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  31
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             BR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    BA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      YO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           TAW
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       BU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          TLE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              R




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         OT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             CR                           ADAMS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                OS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   S




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               MARSHALL
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     31




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   LANGLEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     RN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CAMPBELL
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  BR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LEONARD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   STE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 WE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NB
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                JAC
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    KSO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     31
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MARQUETTE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  BR




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           CHARLES
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ERI
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     FISHERMAN'S LANDING
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            JACKSON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     IUS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TAV




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             MCLAREN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              OC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 HERRICK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          GID




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  BA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ALVA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              D   IN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                YU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       GS


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                GID
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    D   IN G                                                                                SUMNER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   HA                                                       S




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              WOOD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                WESLEY

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  VIR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     I   D IA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         TERRACE POINT MARINA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         VIRIDIAN

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EASTERN



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          TER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             RA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                C     E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            H
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              WHITE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             NT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    TO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EM
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FARMERS MARKET                                                                                                                                                                                                    AL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         OI




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 W




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       EP




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AL
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         C




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    D
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RP
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   TER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       OAK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               RA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     HY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   BO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     RN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     1S
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ORCHARD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  CE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SCOTT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     DA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             PIN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                IS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         SP
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RR




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RIN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    EMERALD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            G
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       4T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         AMITY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       3R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         H




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             TE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         D




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               RR




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           FORK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         TO                                   LE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 AC
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       AL                                   RT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     PORT CITY PRINCESS                                                                                                                                                                                                                                               W                                   MY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CITY HALL                                                                                                                                                                                                                             ALLEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ALLEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LC WALKER ARENA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       LST




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       JAY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               AR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      APPLE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  HACKLEY PARK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             5T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               H
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  N   CO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RN                                                                                                                                                                     CO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     TE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ES




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             SO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 W                                                                                                                     HAMILTON                                                                                                                                                                                         ADA                                                                  ADA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                PHI
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 2ND
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            FO                                                                                          N    A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RT                                                                                         IO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  HA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             HERITAGE LANDING                                                                                                                                                                                                                              HOUSTON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           AM
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ISABELLA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             BR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               OS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MAPLE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           DI




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  IA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   STE                                                                                                                                                                                                 AR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                EB                                                                                                              MONROE                                                                               AW
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           HARTSHORN BOAT LAUNCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 WILLIAMS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               W
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  DEL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             CHESTNUT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               SP
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RI
                                                                             RK
                                                                          PA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     N
                                                                       TE                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MCC LAKESHORE FITNESS CENTER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  G
                                                                    STA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     MERRILL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 JEFFERSON
                                                               N                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MCLAUGHLIN
                                                          KE
                                                            GO                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ROTARY PARK
                                                         S
                                                       MU
                                                                                                        CHANNEL                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       HARTSHORN MARINA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               IN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             ER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 HIL
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     MUSKEGON DOG PARK                                                                                                                                                                                                                                                                                                                                                                                    TH                          LIN                                                                                                           L




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          OM
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CA                         GH                                                         CATAWBA
                                      USS SILVERSIDES SUBMARINE MUSEUM                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          STRONG                                                                                                                          LAU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             LL                                                                                                                                                                                              MC
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        N                                                                                 RI
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    O                                                                                   ER
                                                                                                           LTO
                                                                                                               N       HARBOUR TOWNE BEACH                                                                                                                                                                                                                                                                                                                                                                                                                                               LAKESHORE YACHT HARBOR                                                                                                                                                                                                                                                                                    G                                                                                   M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 H
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 KE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             7T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     WESTERN                                                                                                                                                                                                                                E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ET
                                                                                                         FU                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   US                                                       RO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               H
                                                                                              BR




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  11




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             NN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             M                                                     N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    TH
                                                                                                 OW




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  O                                                       N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           9T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 BA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           KE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 M                                                    O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   AS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             H
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                W
                                                                                                   NE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              TA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AR
                                         LIGHTHOUSE PARK                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          M                               G                                                                                                                                                         CA                                                                BENTON
                                                                         HARBOUR TOWNE MARINA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N                                                                                                                         IN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RO                                                                                                                           HL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  UR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ST                                             MORRALL                                                                        UG                                                          R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               MICHIGAN                                                                                                                                                                                                                                                                                                                                                                                                              LA                                                          UE
                                                                NELSON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            S                                                                                                   MC                                                            BA
                                                                                       MAR INA VIEW                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       PU




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 HUDSON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 JEFFERSON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CA
                                                                               TOWNE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              M
                     MARGARET DRAKE ELLIOT PARK                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   IRWIN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              SO
                                                       RODGERS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             WASHINGTON                                                                                                                                                                                                  WASHINGTON                                                                                    OOSTERBAAN
                                                                           HARBOUR




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           FRANKLIN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     8TH
                                                       WATSON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           PINE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     HENRY
                                                                                                                                             L
                                                                                                                                          HIL
                                                                                                                                   E   ON                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      N
                                                                                                                                PIG                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             IM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       JIROCH
                                                      SIMPSON                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     S
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          HI                                                                                                                                                                        GRAND                                                                                          GRAND                                                                                                                                                                       GRAND




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     AU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             GH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   GRAND




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LEAHY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               HA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           GLADE
                                                                                              R




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         GRAND
                                        BE




                                                                                          BA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                CLINTON
                                                                                                                                                                                                           N
                                                                                                                                                                                                   BR IGHTO
                                           AC




                                                                                         D




                                                                               NA
                                                                                          N
                                              H




                                                                          IA
                                                                                       SA




                                                                    IND
                                            ST




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SOUTHERN
                                              RE




                                                          BE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     TERRACE
                                                 ET




                                                             AC




                                                                                                                                                                                                WINDWARD
                                                                H




                                                                               NE




                                                                                         IO
                                                                                       OH
                                                                                  LS
                                                                                 ON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         FOREST                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            FOREST
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            5TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               BEIDLER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       CG                                                                                                                                                                          FOREST
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RA                                    FOREST                                                                                                                                                                                                                                                                                                                                                 FOREST                                                                                                    FOREST
                                                                                                                                                                                           ARLINGTON                                                                                                                                                                                                                                                                                                                                                                                                                                       F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             MESSLER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              SMITH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               T

                                                                                                                                                                                            PARK                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  IRELAND
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            VE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RN                                                                                                                                                              IRELAND




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           GLADE
                                   PERE MARQUETTE PARK                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          O                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     DALE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DAVIS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     N         IV                            DALE                                                                                                                                                            DALE                                                     DALE                                                                                                                                                                                       DALE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RUDDIMAN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Y
                                                                                                                                                                                                                                                                                                                                                                            MILWAUKEE CLIPPER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ELWOOD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               DALE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SC                                                                                                                                                                              DALE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             H                           EL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        HOYT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 UY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MCGRAFT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   LE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           DIVISION
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      R
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LARCH                                                                                                                                                    LARCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            6TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LARCH
                                                                                                WN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           LARCH
                                                                                              LA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               LARCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                CLINTON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LM
                                                                                            OD
                                                                                          WO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 PA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 JEFFERSON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                JARMAN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             MCILWRAITH
                                                                                                                                                                                           ED




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   DYSON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MANZ
                                                                                                                                                                                              GE




                                                                                                                   WI                                               OX                                                                                                                                                                                                                                                                                                                                                                                                                                    M                                                                                                                                                                                                                                                                                                                                                         LAKETON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FAIRVIEW
                                                                                                                      LC                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   O
                                                                                                                                                               LC                                                                                                                                                                                                                                      LAKE EXPRESS FERRY
                                                                                                                                                                                                WA




                                                                                                                           OX
                                                                                                                                                            WI                                                                                                                                                                                                                                                                                                                                                                                                                                              O
                                                                                                                                                                         CH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RE
                                                                                                                                                                                                  TE
                                                                                                                                                                            ER




                                                                                                                                                                                                     R




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        G
                                                                                                                                                                              RY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RO                              RE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           BI                              EL
                                                                                                                                                            MUSKEGON YACHT CLUB                                                                                                                                                                                                                                                                                                                                                                                                              EY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DOWD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LEAHY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     SO
                                                                                                                                            S
                                                                                                                                          RK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  5TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ALPHA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  SANFORD
                                                                                                                                                                     N
                                                                                                                                      O




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Y

                                                                                                                                                    PLU                                                                                                                                                                                                                                                                                                                                                                                    VA
                                                                                                                                                                  PSO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ER
                                                                                                                                     W




                                                                                                                                                        M                                                                                                                                                                                                                                                                                                                                                                                     N
                                                                                                                                                                OM
                                                                                                                                   ER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               DE
                                                                                                                                                              TH                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ALPHA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              FRANKLIN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    O
                                                                                                                                 AT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NEVADA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   JIROCH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 RL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              COMMERCE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TG




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TEMPLE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    I
                                                                                                                                W




                                                                                                                                                                                                     S




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        N
                                                                                                                                                                                                    ON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             WINDSOR                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      HOLBROOK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FRI




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            DE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        O
                                                                                                                                                                                                         ED




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         LA
                                                                                                                                                                                                  RS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            SB
                                                                                                                                                                                                         G




                                                                                                                                                N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         O
                                                                                                                                                                                               PA




                                                                                                                                             TO
                                                                                                                                                                                                          EW




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          IE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        N




                                                                                                                                          KEA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         HOLBROOK
                                                                                                                                                                                                                                                                                                                                                                                                       GREAT LAKES MARINA
                                                                                                                                                                                                            AT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CLINTON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REYNOLDS


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  HOWDEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   PECK
                                                                                                                                                                                                              ER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RO
                                                                                                                                                                                                         TORRESEN MARINE                                                                                                                                                                                                                                                                                                                      IL                                                                                                                                                                                                                                                                                                                                                                                                 SHELBY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SO
                                                                                                                                                                                                                                                                                                                                                                                 GRAND TRUNK LAUNCH                                                                                                                                                  N
                                                                                                                                                                                           MILLARD                          BLUFFTON BAY MARINA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BARCLAY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                9TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    YOUNG




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         8TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            YOUNG
                                                                                                                                                                                                                                                          BALCOM'S MARINA                                                                                                                                                                                                     N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ISO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RR                                                                                                                                                                          YOUNG
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    HA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LYMAN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               BEIDLER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BLO
                                                                                                                                                                              LAKE DUNES




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          PARK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     HUDSON
                                                                                                                                                                                                                                             N                    COTTAGE GROVE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DG




                                                                                                                                                                                                                                        SO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CROWLEY
                                                                                                                                                                                                                                    P




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  KINSEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ETT




                                                                                                                                                                                                                                   M
                                                                                                                                                                                                                                SA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ADDISON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             WOODCREEK                                                                                                                                                                                                                                                         DELANO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FAIR
                                                                                                                                                                                                                                      BO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WILSON

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             PARSLOW
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                WILSON
                                                                                                                                                                                                                                        YL




                                                                                                                                                                                                                                                                                                                                                                                                                                                   MA
                                                                                                                                                                                                                                          E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                     NN
                                                                                                                                                                                                                                                                                                                                                                                                           MC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               BOURDON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ROYALE GLEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               VAN DINTHER



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MCGRAFT PARK
                                                                                                                                                                                                                                                                                                                                                                                                              CR




                                                                                                                                                                                                                                                                                                                                        LAKESHORE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                HANCOCK
                                                                                                                                                                                                                                                                                                                                                                                                                 AC




                                                                                                                                                                                                                                                                                RV
                                                                                                                                                                                                                                                                                                                                                                  LEBOEUF




                                                                                                                                                                                                                                                                               G
                                                                                                                                                                                                                                                                                                                                                                                                                    KEN




                                                                                                                                                                                                                                  N                                        E
                                                                                                                                                                                                                             TO                                           G
                                                                                                                                                                                                                                                                                                                                                                                                                                                          TORRENT




                                                                                                                                                                                                                           FF                                           TA
                                                                                                                                                                                                                                                                                                                     CLIFFORD




                                                                                                                                                                                                                       U                                            T                                                                                                                                                        ER                                                                                                                                                                                                                                                                                                   ROYALE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BLODGETT




                                                                                                                                                                                                                     BL
                                                                                                                                                                                                                                                                                            SHERIN



                                                                                                                                                                                                                                                                                                            LA RUE




                                                                                                                                                                                                                                                                  CO                                                                                                                                                      MIN
                                                                                                                                                                                                                                                   LA




                                                                                                                                                                                                                                                                                                                                                                 HARRISON                                                                                                                                                                                                                                                RO
                                                                                                                                                                                                                                                      RK




                                                                                                                                                                                                                                        D                                                                                          HARRISON
                                                                                                                                                                                                                                       O                                                                                                                                                                                                                                                                                                                                                                                   SE                                                                 HACKLEY
                                                                                                                                                                                                                                                        IN




                                                                                                                                                                                                                                   O                                                                                                                                                                                                                                                                                                                                                                                         W                                                                                                                                                                                                                                                                                                HACKLEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              OO
                                                                                                                                                                                                                                                                                                                                                                                                                                            MO




                                                                                                                                                                                                                                  W
                                                                                                                                                                                                                                RF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CG




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                D
                                                                                                                                                                                                                           SU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RA
                                                                                                                                                                                                                                                                                                                                                                                                                                              ON
                                                                                                                                                                                                                                                                                                                                              LINCOLN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         POLISKI
                                                                                                                                                                                                                                             RT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 T




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BEIDLER
                                                                                                                                                                                                                                                                                                                                                                                          DE
                                                                                                                                                                                                                                                  CO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                0                                                                  1,500                                                                         3,000 Feet
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     PK




                                                                                                                                                                                                                                            O
                                                                                                                                                                                                                                         ES




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             STEIN
                                                                                                                                                                                                                                                  U




                                                                                                                                                                                                                                                                                                                                                                                             NM




                                                                                                                                                                                                                                        R
                                                                                                                                                                BEACHWOOD PARK
                                                                                                                                                                                                                                                   N
                                                                                                                                                                                                                                                   TR




                                                                                                                                                                                                                                                                                                                                                                                               AR




                                                                                                                                                                                                                                                                                                                                                                                                           N
                                                                                                                                                                                                          DU




                                                                                                                                                                                                                                                                                                                                                                                                       RTO
                                                                                                                                                                                                                                                     Y




                                                                                                                                                                                                                                                                                                                                                                                                     MO                                     IN G
                                                                                                                                                                                                                                                       CL
                                                                                                                                                                                                               N




                                                                                                                                                                                                                                                                                                                                                                                                                                          RD
                                                                                                                                                                                                                                                                                                                                                                                                 K
                                                                                                                                                                                                                                                                                                                                                                                  LEON




                                                                                                                                                                                                                                                                                                                                                                                                                                       HA
                                                                                                                                                                                                                E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CR
                                                                                                                                                                                                                                                                                                                                                        MEURER
                                                                                                                                                                                                                                                         U




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N
                                                                                                                                                                                                                                                          B




                                                                                                                                                                                                                                                                                                 FOUNTAIN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                GLEN                                                                                                                                                          KV
                                                                                                                                                                                                                                                                                                                                GROVE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        VINCENT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            GLEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 WICKHAM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 I   EW
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 BARNEY
                                                                                                                                                                                                                                                                    MUSKEGON COUNTRY CLUB                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          BARNEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           CUMBERLAND




                                                                                                                                                                                                                             D                         FAIRLAWN
                                                                                                                                                                                                                            O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ESTES




                                                                                                                                                                                                                        O
                                                                                                                                                                                                                       W                                                                                                                     HARDING
                                                                                                                                                                                                                     LT                                                                                                                                                                       IN G
                                                                                                                                                                                                                BO                                                                                                                                                                       HA
                                                                                                                                                                                                                                                                                                                                                                                            RD                                  S ON                                                                                      HADDEN                        RIDGE
                                                                                                                                                                                                                                                                                                                                                                                                                            SIS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             PAR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                K




CITY OF MUSKEGON                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WILLIAMS & WORKS - NEDERVELD
Date:     January 3, 2018
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Adopt a Resolution Approving the Liquor License
          Application for EAT1635, LLC for a Class C Liquor
          License at 1635 Beidler


SUMMARY OF REQUEST: To adopt a resolution approving a Class C Liquor
License for Eat1635, LLC at 1635 Beidler.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Adopt a resolution approving the request for a
Class C Liquor License for EAT1635, LLC at 1635 Beidler.
                   Commission Meeting Date: January 9, 2018




Date:         January 4, 2018
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Approval of a Neighborhood Enterprise Zone Certificate


SUMMARY OF REQUEST:

An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from Community enCompass for the rehabilitation of the home at 1173 4th St. The rehab
will include upgrades to the roof, bathroom, paint, flooring and windows and will cost
about $25,000. Community encompass will hold the NEZ certificate in abeyance until it
is transferred to a new owner within two years. The applicant has met local and state
requirements for the issuance of the NEZ certificate.


FINANCIAL IMPACT:

The property taxes will be frozen at the pre-rehabilitated rate for the duration of the
certificate.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the NEZ certificate.

COMMITTEE RECOMMENDATION:

None




1/4/2018
                                    Resolution No. ________

                             MUSKEGON CITY COMMISSION

                RESOLUTION TO APPROVE THE ISSUANCE
    OF A NEIGHBORHOOD ENTERPISE ZONE REHABILITATED CERTIFICATE



WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Community enCompass to rehabilitate a home at 1173 4th St in the Nelson
neighborhood, and;

WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;

WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;

WHEREAS, the Neighborhood Enterprise Zone Certificate will be approved for twelve (12)
years;

NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Cheryl Parker be approved.

Adopted this 9th day of January, 2017.



Ayes:

Nays:

Absent:


                                                     By: __________________________
                                                         Stephen J. Gawron, Mayor


                                                     Attest: _________________________
                                                             Ann Meisch
                                                             City Clerk




1/4/18
                                       CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on January 9, 2017.

                                                                By: ________________________
                                                                          Ann Meisch
                                                                          City Clerk




1/4/18
Date:      12/20/2017

To:        Honorable Mayor and City Commissioners

From:      Department of Public Works

RE:        Ryerson Creek – Clean-up Efforts and Resolution of Support



SUMMARY OF REQUEST:

The West Michigan Shoreline Regional Development Commission and ATY Metals
(Teledyne Continental Motors) are seeking funding from the Environmental Protection
Agency and Michigan Department of Environmental Quality to continue cleanup efforts
related to contaminated soils in watersheds affecting the Great Lakes with the eventual
goal of delisting Muskegon Lake. WMSRDC is gathering support and contributions as
match for the federal funding. In an effort to provide in-kind contribution, staff have
reviewed sanitary sewer capacity and recommend allowing up to 100,000 gallons of
wastewater into our system at no cost to the project. Lost revenue associated with this
request amounts to approximately $200. The project will not restrict future development
or dredging. Staff is requesting that a resolution of support for the project be approved.


FINANCIAL IMPACT:
$200
BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Approve resolution of support for the Ryerson Creek Great Lakes Legacy Act contaminated
sediment cleanup project.




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\010918\08a_Commission Request Ryerson Creek
Resolution.doc
                                 City of Muskegon
                                       RESOLUTION

                           SUPPORT OF
            MUSKEGON LAKE AREA OF CONCERN DELISTING
                              AND
 CONTAMINATED SEDIMENT CLEANUP of RYERSON CREEK and MUSKEGON LAKE


WHEREAS, Muskegon City Commissioners desire to promote and support delisting of the
Muskegon Lake Area of Concern (AOC); and

WHEREAS, Muskegon City Commissioners desire to support efforts to remediate and restore
environmental and ecological impairments to Ryerson Creek and Muskegon Lake; and

WHEREAS, Muskegon City Commissioners support development of the Feasibility Study &
Remedial Design to remediate contaminated sediments; and

NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners support and
commit to reducing waste disposal costs as in-kind contributions to enhance remediation of
Ryerson Creek and Muskegon Lake and that the City of Muskegon Department of Public Works
be directed to work collaboratively with federal, state, and local stakeholders in restoring
Muskegon Lake’s ecosystems.


Dated this ______ of _______ 20__.




                                                  ________________________________
                                                        Stephen J. Gawron
                                                              Mayor



                                                  _________________________________
                                                        Ann Marie Meisch
                                                            City Clerk
Date:     12/27/2017

To:       Honorable Mayor and City Commissioners

From:     Department of Public Works

RE:       City Hall East Entrance Roof Replacement



SUMMARY OF REQUEST:

The roof over the east entrance to City Hall needs to be replaced due to age and
improper drainage. Last spring, the project was advertised, and bids were taken with
the low bid amount being $42,000. In order to capitalize on that bid amount,
commitment for the work had to be given and materials ordered prior to the end of the
calendar year. If delayed, the increased cost of materials and labor would be $4,200.
The Finance Director confirmed that there is available funding for the work, and the City
Manager gave approval to move forward with the bid and seek Commission approval at
the January 9 meeting since there was no meeting planned for the fourth Tuesday in
December.

Staff is requesting that the budget increase be approved to fund the replacement of the
roof.

FINANCIAL IMPACT:
$45,000
BUDGET ACTION REQUIRED:
Increase City Hall Maintenance budget by $45,000 in next reforecast

STAFF RECOMMENDATION:
Approve budget increase for the roof replacement for the east entrance to City Hall.
                                                                CITY OF MUSKEGON
                                                              2017-2018 PRICE SAVINGS
                                                            PROJECT: CITY HALL SECTION #1
 DATE:                         27-Dec-17                                                 REQUISTION


                                           NAME OF BIDDER       NAME OF BIDDER                   NAME OF BIDDER                NAME OF BIDDER
                       VENDOR                                                                    ALLIED ROOFING
                      TELEPHONE                                                                   616-291-2433
                      QUOTED BY                                                                   WAYNE ALLEN
QUANTITY             DESCRIPTION                                                            UNIT PRICE         TOTAL PRICE
                  2017 REPLACEMENT                                                                        $        41,800.00




            2017 TOTAL PRICE                                                                              $      41,800.00
  YEARLY INFLATION % (MATERIAL & LABOR)                                                                  10%

          ESTIMATED 2018 PRICE                                                          $                        45,980.00
         ESTIMATED COST SAVINGS                                                          $                        4,180.00

Top of Page


New Agenda Notifications

* indicates required