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LATEST UPDATE: Binding Arbitration Bill Filed
SEN. FEINGOLD, REP. JOHNSON INTRODUCE MEASURE TO PRESERVE CONSUMER JUSTICE

Arbitration Fairness Act 2007
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Pulte Clear Cuting Again
Wednesday, 06 April 2005
Township acts to save trees from sprawl
Brighton officials draft a plan to guide cutting in a way that protects woodlands
Fran Barr was saddened when nearly 50 acres of woods near her house on the south side of McClements Road near Old U.S. 23 were clear-cut last year...A little less than a year after township officials' phones rang off the hook with residents complaining about the clear-cutting by Pulte Homes and Dominion Building & Development Co., township planners have drafted an ordinance that sets guidelines for developers land owners who want to clear large swaths of trees.

Township acts to save trees from sprawl
Brighton officials draft a plan to guide cutting in a way that protects woodlands.

By Lilly Evans / Special to The Detroit News
March 22, 2005

Trees were cut for a development off McClements Road. Brighton Township planners have drafted an ordinance to preserve natural features, a goal of the township's master plan.

BRIGHTON TOWNSHIP -- Fran Barr was saddened when nearly 50 acres of woods near her house on the south side of McClements Road near Old U.S. 23 were clear-cut last year.

"There were a lot of animals' homes destroyed," said Barr, 46. "In the last six months since the land was cleared, we have seen pheasant, deer and mink cutting through our yard. The animals that survived don't have anywhere to go."

Farr, who works in the food service department for Hartland Schools, said she hopes this is the last large parcel of woodlands to be cleared. Some Brighton Township officials feel the say way.

A little less than a year after township officials' phones rang off the hook with residents complaining about the clear-cutting by Pulte Homes and Dominion Building & Development Co., township planners have drafted an ordinance that sets guidelines for developers land owners who want to clear large swaths of trees.

Rare species of trees would be spared in some cases. Other times, land owners would be allowed to remove rare trees but would have to replace them on the property or elsewhere in the township.

"The purpose of the land-clearing ordinance is to preserve the natural features in the township," said township planner Kelly Mathews. "Preservation of natural features in the township was discussed as a goal in the master plan adopted in June 2002."

Owners of single-family homes on 2 1/2 acres or less would be exempt from the ordinance.

The ordinance was sparked by the clear-cutting at Old U.S. 23 and Spencer Road, which is the gateway to the township and the site of several large homes.

Piet Lindhout, an architect and Brighton Township resident, said the ordinance is too restrictive.

"We should not act impulsively based upon the horrendous act at Old 23 and Spencer Road," Lindhout said. "There must be another way without impacting every landowner's rights and land values."

Dale Cooper, a Brighton attorney, told planning commissioners the ordinance may discourage development in the township.

Lindhout agreed and said it would affect more residents than those directly involved in land clearings.

"Creating new rules which create higher landscaping costs, higher engineering and surveying costs will hurt township residents who wish to sell their property or build in the township," Lindhout said.

Township planners are encouraging developers to retain open space on at least half of the land they use for new developments.

Kris Ponikiewski of Dominion Building & Development, tried to comply when planning the Northwinds at Osborn Lake subdivision, the development going up next to Barr.

Ponikiewski planned to cluster 50 single-family homes on half the land and leave 25 acres of open space, with a park and beach area on Osborn Lake.

"We tried to comply ... but, unfortunately, the neighbors were against the smaller lot size, so we redesigned it," Ponikiewski said.

The developer instead cleared the woodlands to accommodate 38 single-family homes on larger lots.

"The developer knew the township was working on the land-clearing ordinance," said Greg Mac, who lives near the proposed Northwinds by Osborn Lake. "Maybe he knew the ordinance was coming so he cleared the land quickly."

Under the land-clearing ordinance, developers wouldn't be allowed bulldoze at their leisure. Developers would have to go to the township to get a permit to clear land, and they would have to pay for a tree inventory.

Sue Kelly of Brighton Township and the chairwoman of the Michigan Sierra Club, said she gave township officials copies of other communities' land-clearing ordinances.

"I am happy this is going to happen for us," Kelly said. "This is a bright spot in the history of the township. The people have finally spoken, and that's awesome."

Lilly Evans is a Metro Detroit freelance writer.

 The proposal
Some provisions in the proposed Brighton Township land clearing ordinance:

• Developers would have to obtain a tree-cutting permit. The township must survey the property to ensure cutting would not negatively impact the environment. Land owners would have to allow the township to survey the property and pay the cost of the survey.

• Developers would have to determine if there are rare tree species on the property. Some of the rare species may have to be spared or replaced.

• Owners of single-family homes on 2 1/2 acres or less are exempt from the ordinance.

What's next
The Brighton Township Planning Commission has recommended that the township Board of Trustees approve the proposed land clearing ordinance. The issue will be before trustees at 7:30 p.m. May 2 and 16. The second meeting includes a public hearing. For more information, call the Brighton Township Planning Department at (810) 229-0552.


 
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