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Township Tree Ordinance

Started by Woulde, June 21, 2022, 09:57:42 AM

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Woulde

Hello,

I am developing a 23 acre site in Charlevoix county Michigan with desire to build a total of five (5) new single family homes.  The site was heavily wooded and untouched for decades.  The land has steep slopes with proposed lots on a ridge line overlooking Lake Charlevoix.

The land is zoned "rural residential farm and forest" which allows timber cutting and forest management.

I hired Ron Scott in June 2010 to walk the land with me and write a Land and Resource Management Prescription.  The report included a recommendation for timber stand improvement and managed firewood cutting.

A few years later I hired a logging company to remove dead, dying and diseased trees in accordance to our prescription.  Only 8 of the 23 acres was logged, the remaining acreage was not touched.  The area for the proposed building sites were cleared to make room for the logging operation.  In all, we had about 10 truckloads of timber removed.  Most of the truckloads went to the chipboard manufacturing plant in Grayling and pallet manufacturing in East Jordan.

Apparently this annoyed the planning/zoning commission and they wrote me a letter stating the "forest density of our parcel has been reduced to a degree that now precludes any further development of any new parcels created by any approved land divisions".

The township cited the following ordinance could not be met:

"Construction of new buildings on lots created after the adoption of this Ordinance shall be limited to those areas that are covered, at the site of proposed construction and within 100 feet of this site, with pole or sawlog size timber stocked at a minimum density of 60 sq. ft. of Basil Area per acre. Only selective trimming of trees within a minimum of 100' of buildings or proposed building sites shall be allowed for "filtered views" (See Figure 3.08). Clear cutting of view corridors is prohibited."

The township tells us we must restore the forest density to the ordinance standard of 60 sq ft of basal area by planting new trees and wait until they grow to proper density before granting us zoning approval for new lots.

My question is this:

Many definitions of "basal area" state that the timber must be of "merchantable quality", which is defined as "of sufficient value at least to cover all the costs of harvest and transportation to available markets. 

Since I paid the logging company to remove the trees, it seems to me our timber was not merchantable and we never had 60 sq ft of (merchantable) basal area to begin with.  Does this seem like a reasonable counter argument? 

All opinions and comments welcome!

Thank you.

Ron

Clark

If the ordinance was well written they will have definitions. Basal area should be one of those definitions and once you find it you can ignore any other definition of basal area because they won't matter. That definition will guide you on what your next move is.

Clark
SAF Certified Forester

Woulde

Quote from: Clark on June 21, 2022, 06:03:06 PM
If the ordinance was well written they will have definitions. Basal area should be one of those definitions and once you find it you can ignore any other definition of basal area because they won't matter. That definition will guide you on what your next move is.

Clark
Clark,
Thank you for your response.
Our township ordinance defines basal area as: "Cross-sectional area of trees at breast height.  It is a common way to describe stand density.  In forest management, basal area commonly refers to merchantable timber and is given in a per hectare or per acre basis."
Ron

Woulde

I stood in the center of our 23 acres with the chair of the planning committee and said we would like to build a house here.  He took out his basal area gauge and determined the basal area was only 10 sq ft.  He moved 20 feet to his right and said you can build it here which had a small grouping of 5 or 6 trees.

Their concern is the view from across the lake (two miles away).  Somebody might see it.  

This is ludicrous.

beenthere

Bottom line is they don't want you to build, and they are looking for 'whatever' to stop you. Time for a lawyer/attorney to write up some paperwork. Good luck.
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

JBlain

It sounds like a not in my view shed issue...  I would consult a good local land law attorney as if they are in the realm of their existing ordinances and it doesn't violate state law, it may be an impossible lift.   I know others that javelin prevailed on similar situations and then the local government made their lives a living hell trying to implement...
So be thoughtful..
Josh

beenthere

A few years back, a county committee put together a zoning plan that would control permits for building on lots, and a permit could be black-balled if anyone in the viewshed complained that they didn't like a house/barn/building that they could see. 
Surprised how many iterations in the process of reviews and editing that viewshed wording managed to hang around. It didn't survive, but there was a faction that wants it to happen. Must be they enjoy a spot on top of a hill. ??
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

Southside

Planning a large scale hog operation, trash to energy facility, or even a solar farm would shift your NIMBYS attention away from the house lot. 
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Woulde

Quote from: JBlain on June 21, 2022, 10:39:45 PM
It sounds like a not in my view shed issue...  I would consult a good local land law attorney as if they are in the realm of their existing ordinances and it doesn't violate state law, it may be an impossible lift.   I know others that javelin prevailed on similar situations and then the local government made their lives a living hell trying to implement...
So be thoughtful..
I have been in touch with a local land use attorney and may very well sue them, but as someone mentioned downstream on this thread, even if you win they can make your life a living hell.  Actually, they already have.

Woulde

Quote from: Southside on June 22, 2022, 07:45:14 AM
Planning a large scale hog operation, trash to energy facility, or even a solar farm would shift your NIMBYS attention away from the house lot.
Or maybe a chrome shop?
Actually, no one has complained because you can't see my existing house or cleared land from across the lake (or on my side of the lake for that matter) with the naked eye.
The planning chair used a 300mm lens with 6x zoom to find it.  See there it is!  No soup for you.

beenthere

Living in a township here that initiated a plan along with the county that allowed just one house on minimum of 35 acres. Intended to stop housing developments unless development plans were submitted and approved. 

Neighbor split up his 75 acres into a 40 acre "lot" for himself to build a home, sold 16 acres that a farmer purchased, and sold 19 acres with farm house and farm buildings. Fit the town plan just fine. 

The farmer passed that had the 16 acres and his heirs sold it to a lawyer. 
At the next town meeting, the lawyer was present when the Town Chairman said to him "You do know that you cannot build a house on that 16 acres". 
The lawyer simply replied "Wanna bet?".   He went on to build a nice home, but knew the trick that you first build a barn/shed. Then apply for a permit to build the house which isn't questioned or stopped.
Circumvented the permit problem that apparently several knew about this loophole within the county.
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

rusticretreater

uhm, have you made the necessary campaign contributions?  Just sayin. :o :)
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Kodiakmac

Quote from: beenthere on June 21, 2022, 10:27:37 PMBottom line is they don't want you to build, and they are looking for 'whatever' to stop you.


Bingo, beenthere.  I'm betting that Woulde's state has land-use legislation in place that directs lower-tier municipal governments to restrict, prohibit, and otherwise discourage development in the rural areas.  Here's the preamble from Ontario's Provincial Policy Statement on Land Use:

The Provincial Policy Statement focuses growth and development within urban and rural settlement areas while supporting the viability of rural areas.

What follows is about one hundred pages of dos and don'ts that can only exist for one reason: to compel municipalities to discourage any type of development in Bambi-land.
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Woulde

Okay, thanks for your answers.

I need to make a decision on what to do and I'm thinking about hiring a professional basal area counter, if there is such a thing or human because I don't trust the chair of the planning zoning committee to do it for me.  

So, I'm looking for a brave fella that would go to court with me, if needed. Let's hope we don't need to, but just in case.

I'm going to post some pictures so you have an idea of the area.

Here's the pertinent part of the ordinance:

"Construction of new buildings on lots created after the adoption of this Ordinance shall be limited to those areas that are covered, at the site of proposed construction and within 100 feet of this site, with pole or sawlog size timber stocked at a minimum density of 60 sq. ft. of Basil Area per acre."

What this means (to me) is that within 100 feet of the exterior of the proposed home we need 60 sq ft basal area.  I actually think we have that, but maybe I'm doing it wrong.  I'm actually calculating basal on each individual tree.  The chair used a basal area gauge and apparently estimated (in his favor) basal area.

Any takers!

Ron

WDH

A Registered Forester can determine the basal area at your site.  You need to hire someone with credentials in case you do pursue legal action. 
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Kodiakmac

I have had my share of interactions with bureaucrats from municipal planning departments over the years.  I have come to the conclusion that they learn to say NO because 90 percent of those making enquiries will accept it and walk away dejected but accepting ... which makes the bureaucrats' jobs pretty easy.

Robin Hood had it just about right:  as long as a man has family, friends, deer and beer...he needs very little government!
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Les Staley

Would've, I was born in Charlevoix a while back.   Left Michigan 32 years ago for parts west.  Thank you for reinforcing in my mind that I made a correct decision.  

    
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SwampDonkey

We don't have any of that voodoo here in NB. Mostly just drainage and ground water rules. We have so many clear cuts around here a house on a lot is nothing. There was a bunch of campers that tried to get cutting stopped near their camps, it went nowhere. Some where lawyers, but up here most lawyers live off government, so put up or look for another career. Good luck getting any to challenge the government in court. :D

There is a cluster of small lakes south of here and camps keep appearing every year, some of them have become permanent homes to many. I don't worry about the housing density as much as I do about waste water. I remember years ago at Davidson Lake, a lot of waste water was directed into it. That was 40 years ago, never been near the place since. They can have their lake camps. ;D Human kind, even when not caged/fenced like animals, will wallow in their own excrement.  :D
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petefrom bearswamp

WDH he indicated that he hired Ron Scott to do a plan for him.
Im sure Ron is not only eminently qualified and also registered if Michigan requires it.
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Woulde

Quote from: petefrom bearswamp on July 08, 2022, 08:33:24 AM
WDH he indicated that he hired Ron Scott to do a plan for him.
Im sure Ron is not only eminently qualified and also registered if Michigan requires it.
Ron did the management plan 12 years ago.  I was hoping to run into him on this thread.  If he's retired I want him to enjoy his retirement and not bother him.

Woulde

Quote from: Les Staley on July 08, 2022, 01:42:49 AM
Would've, I was born in Charlevoix a while back.   Left Michigan 32 years ago for parts west.  Thank you for reinforcing in my mind that I made a correct decision.  

   
Les, you are a wise man.  The "progressives" have taken over control of the townships around here.  

Ron Scott

Woulde,

Give me a call on my cell number or send a pm. We can discuss your issue. It appears that the County ordinance is taking away some of your property rights without compensation by placing "seen area" or "view shed" restrictions on your property. I remember your property as being hilly high ground, but if you haven't drastically cleared it, you should be able to meet the 60 sq.ft. BA that is being required. Are you planning to build on the property?

I'm going on age 87 and, yes, have retired as the body gives out, but I can give you the name of the Consulting Forester in Traverse City who took over my business a few years ago. 


   
~Ron

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