Rochester Hills Legistar System

Roger Rousse, Director of DPS, led the discussion regarding Conservation Easements

noting the following:

* Currently the City does not have a formal policy to enforce Conservation Easements.

* The big challenge is to justify how Sewer, Water, Roads or Drains is financially

responsible for enforcing Conservation Easements.

* Conservation Easements have been conveyed to a number of organizations, such as,

MDEQ, Oakland Land Conservancy, Homeowner Associations who have not taken on

the enforcement responsibility.

* A suggestion was made to hire a summer intern to begin to inventory Conservation

Easements.

Types of Easements:

* Natural features to protect trees, shrubs and grass

* Steep Slopes to protect river

* Tree Preservation

* A suggestion was made to establish a Conservation Easement appeal process and

appeal board noting the following criteria used to evaluate appeals:

* Penalties for violating Conservation Easements.

* Restoration of Conservation Easements.

* Funding for maintenance activities

* Identifying Boundaries of Conservation Easements

* Begin public education program

* Annual review of Conservation Easements

Committee members discussed a Steep Slope conservation easement on the Clinton

River which is being challenged by a homeowner who would like to remove some trees,

place a walkway to the river and put in a swimming pool. When the City informed the

resident that he cannot violate the conservation easement, the resident is now stating

that the trees are causing a drainage problem and mold in his house.

Committee member inquired whether the City would or can demand restitution for

violating preservation areas and further stated that violations underscore the need for a

formal policy.

It was noted that under the Current Tree Conservation Ordinance, the fine is $25 per

inch and that the homeowner would readily pay that fine.

Chairperson Barnett recommended Conservation Easement be moved to a City Council

Workshop due to the volume of questions and concerns.

Ed Anzek, Director of Planning Commission, suggested that discussion continue at the

Planning Commission level to determine how these Conservation Easements began, the

original intent of a Conservation Easement and also to obtain Planning Commission

members thoughts on enforcing and preserving Conservation Easements.

Consensus of CDV Committee to have further discussion at the Planning Commission

meeting on Tuesday, February 7, 2006.

Chairperson Barnett stated he will be present at the Planning Commission meeting and

also reiterated the need to "fast track" this agenda item.

Mr. Rousse suggested inviting the Green Space Advisory Board members to the

Planning Commission meeting.

Approved and Referred to the Planning/Development

Establish 2006 Community Development & Viability Committee Meeting

Schedule

CDV Schedule memo.pdf; 2006 calendar.pdf; Resolution.pdf

Consensus of Committee to set the 2006 CDV Committee meetings on the fourth

Thursday of the Month at 5:30 p.m. with the exception of November and December with

those meetings to be held on the third Thursday due to Holidays.

Election of Community Development & Viability Committee Chairperson for

2006

Resolution Chair.pdf

Kristina Hurst, Youth Council, shared with the committee the 2006 Youth Council goals

and projects, such as, Voter Registration and developing a Youth Center for teens.

Chairperson Barnett explained that he was the 2006 Youth Council Liaison and that the

Youth Council is currently in the process of putting together an informative Youth

Council video which has been approved by all three (3) principals to be viewed in the

schools.