Land Transfer Standards

Recommended Procedures for Municipal Units

January 1999
  1. Commitment to Work Together: We recognize the need for managing growth and development within our local area. We seek to avoid destructive competition for tax base and we promote rational, regional coordination of recreation, transportation, public services, housing and other community institutions. We encourage and assist economic development and protection of our environment for the general benefit of our residents. We understand that this involves a long term strategy and is based upon our realization that our local units of government are "mutually interdependent." To that end we make a commitment to cooperation that concentrates on our "mutual benefit" and we hereby express our policy that all land transfers should only be by mutual consent of the municipal parties involved.

    In our efforts to seek alternatives and find solutions to resolving land transfer conflicts, we will consider the needs of both townships and cities. We will attempt to preserve our "quality of life," maintain our local identity and efficiently and equitably provide public utilities and services. Our efforts will also include the pursuit of policies that help reduce the incentives for land owners to transfer jurisdictional control. With these thoughts in mind, we hereby agree and commit to the following principles when faced with a request to transfer land from one jurisdiction to an adjacent jurisdiction (herein known as a land transfer).

  2. Commitment to Joint Planning:
    • We encourage our local units to:
    • Jointly identify geographic areas across municipal boundaries and establish "spheres of influence" which indicate areas that may be considered for transfer in the future, or at the time urban development is proposed. Spheres of influence should be considered for a minimum 10-year period, subject to periodic review coincident with comprehensive general plan revisions.
    • Prepare a joint master land use plan for area(s) identified, including uses, densities, green spaces, public facilities.
    • Prepare a joint utility master plan (at least trunk sewers and water transmission mains), including phasing.
    • Prepare a joint transportation master plan (at least major streets).
    • Insure that the Master Plan covers those areas inside and contiguous to but outside the identified areas.
    • Jointly adopt special zoning categories as needed.

  3. Commitment to Joint Decision Making:
    • Within each "sphere of influence," an agreement should be adopted among the affected local units to establish how development applications within these areas will be handled. The agreement should include:
      • A commitment to review development standards to assure that they are consistent and subject to the same interpretation
      • A commitment to include representatives of all affected jurisdictions in pre-application conferences with developers
      • Established procedures for if and when a land transfer should take place
      • Established standards for tax-sharing agreements, including an agreement on financing, revenue and expense sharing.
    • The agreement should also specify which governmental unit will approve development projects (or will it be a joint approval process ?)

  4. Commitment to Joint Development Policy Agreements:
    • All urban development should be encouraged to be within areas where urban services will be provided.
    • New development will not adversely affect existing developed areas.
    • Standards for new development will be consistent with those of the adjacent areas.
    • Priority will be given to developing vacant or underused land within existing city limits prior to an extension of development outside, unless needs for housing and economic vitality require development at a scale that is difficult to accomplish on an infill basis.
    • No boundary adjustments will occur until inside area is developed as per master plans, including meeting minimum densities, and utility phasing as per utility master plans.
    • "Leapfrog" development will not be allowed within an established area unless utility master plans allow for same. "Leapfrog" development will be discouraged in all cases.
    • Plans developed locally should take into consideration the regional planning concepts and policies, including those concepts as described in the Metropolitan Development Blueprint.

  5. Commitment to use the following criteria to evaluate proposed land transfers:
    • The land is within a jointly pre-identified area.
    • The capacities of agencies which provide such services as water, sewer, police, fire, transportation, solid waste disposal, parks, and schools are adequate or can be expanded to support the proposed development. The proposed transfer of jurisdiction will not adversely affect any governmental unit's capacity to provide such services, either financially or operationally.
    • The land within incorporated areas is unsuitable or insufficient to meet current land use needs.
    • The land is a logical extension of an existing developed community.
    • The land is not under an agricultural preserve or open space contract.
    • The quality of the development proposed for the area to be transferred will enhance the existing community.

  6. Commitment to promote development agreements with either impact fees or special assessment districts to help pay for the costs of infrastructure needed to serve new development.

  7. Commitment to periodic joint review of planning areas, principles and standards among/between jurisdictions will be encouraged. Regional plans and planning concepts, including those contained in the Metropolitan Development Blueprint, shall be considered when local planning reviews occur.

  8. Commitment to seek mediation when conflicts are not resolved by the processes outlined herein. Mediation may be provided by the Grand Valley Metropolitan Council and should be sought out prior to any submission to the State of Michigan Boundary Commission and prior to any legal action being commenced.

    We also hereby acknowledge that the best decisions are those that have been mutually approved by the parties and provide mutual benefit. We are fully aware that the processes outlined within this policy are designed to bring about a mutually agreed upon result. By making use of the processes outlined herein there may be a variety of agreements that could result. These agreements could include, but not be limited to, mutual land transfers, agreements under various statutes such as PA. 425, PA. 7, PA. 108, common master plan language, or some other agreement. The intention of this policy is to bring each affected party into a discussion and to have those parties arrive at an agreement fully acceptable to each party. To this end we make a commitment to the principles included within this policy.

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