(a) Definitions. The following terms shall have the definitions indicated unless the context in which they are used clearly indicates another definition:
(1) "Consumer housing cooperative" means a non-profit corporation incorporated pursuant to the corporation laws of this State and qualified by the Michigan State Housing Development Authority pursuant to Act 346.
(2) "Housing project" is as defined in Section 11 of Act 346 including:
A. Residential real property developed or to be developed for receiving benefits pursuant to Act 346.
B. Specific work or improvement either for rental or subsequent sale to an individual purchaser undertaken by a non-profit housing corporation, mobile home park corporation or mobile home park association pursuant to or receiving benefits under the Act to provide dwelling accommodations, including the acquisition, construction or rehabilitation of lands, buildings and improvements, and social, recreational, commercial and communal facilities necessary to serve and improve residential areas in which housing pursuant to the Act is located or planned as determined by the Michigan State Housing Development Authority.
(3) "Limited dividend housing corporation" means a corporation incorporated or qualified pursuant to the corporation laws of this state and Chapter 6 of Act 346, and a limited dividend housing association organized and qualified pursuant to Chapter 7 of Act 346.
(4) "Mobile home park association" means a mobile home park association organized and qualified pursuant to Chapter 9 of Act 346.
(5) "Mobile home park corporation" means a corporation incorporated pursuant to the corporation laws of this state and qualified pursuant to Chapter 8 of Act 346.
(6) "Non-profit housing corporation" means a non-profit corporation incorporated pursuant to the corporation laws for the State of Michigan and qualified as a non-profit housing corporation by the Michigan State Housing Development Authority pursuant to Act 346.
(b) Elimination of Tax Exemption. Tax exemption available pursuant to Section 15a of Act 346 shall not apply to any of the following:
A non-profit housing corporation, consumer housing cooperative, limited dividend housing corporation, mobile home park corporation, or mobile home park association, which are situated within the boundaries of the Charter Township of Clinton, Macomb County, Michigan. All such housing projects shall be subject to taxation in the same manner and to the same extent as provided by law for any other real property situated within the Township.
(c) Severability. This section and the various parts, subsections, sentences, phrases and clauses thereof are hereby declared to be severable. In the event the exclusion from a service charge to be paid in lieu of taxes is found not to apply, then in each such case the service charge to be paid in lieu of taxes is hereby established to be paid December 1 each year in such amount equal to the taxes that would have been paid but for the Act as calculated and determined by the Charter Township of Clinton. If any part, subsection, sentence, phrase or clause is determined invalid or unenforceable by a court of competent jurisdiction, the surviving provisions of this section shall remain in full force and effect.
(Ord. 2360. Passed 2-27-06.)