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Board reinstates private‑streets and subdivision rules after referendum notice
Summary
Faced with a filed referendum notice, the township board introduced and voted to reinstate a private‑streets ordinance (No. 9 of 2002) and a subdivision ordinance (No. 5 of 2003) to prevent a regulatory gap; roll‑call votes passed the measures (5–2).
The Cascade Charter Township Board moved to reinstate two previously rescinded ordinances — the private streets ordinance and the subdivision ordinance — after staff and legal counsel warned that a filed notice of intent for a referendum created a temporary regulatory gap.
Manager Smith and township legal counsel explained that language from the recently adopted zoning ordinance had incorporated private‑streets and subdivision rules; because a notice of intent to seek a referendum was filed, those provisions were suspended by operation of law and, without action, would leave the township without those targeted regulations. Staff recommended reinstatement of the prior police‑power ordinances to cover the gap until the referendum and adoption processes are resolved.
Trustee Shipley moved to introduce and then move toward adoption; the board conducted roll‑call votes. The private‑streets reinstatement passed 5–2 (two trustees recorded opposition), and the separate motion to reinstate the subdivision ordinance passed by the same margin. Counsel advised that, if adopted, the reinstated ordinances would take effect upon publication (must be published within 30 days of adoption) and that the board would consider final adoption at the March 25 meeting.
Why it matters: without reinstatement, the township could lack enforceable standards governing private roads and subdivisions while the referendum process plays out; planning and review for new subdivisions or private street construction rely on those standards.
What happens next: staff will prepare the formal adoption package for the March 25 meeting and publish adoption notices as required. Legal counsel said reinstatement is a temporary measure to avoid regulatory gaps and does not prejudge the referendum outcome.
Speakers quoted: Manager Smith and township attorney Mike Homier provided the procedural and legal context summarized here.
Ending: The votes close the immediate gap identified by staff; the board and staff will continue to monitor the referendum timetable and bring required adoption materials back at the next meeting.
