This article is adopted pursuant to Section 508 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, and provides for establishing a purchase of development rights program by and in the Charter Township of Lyon.

The Charter Township of Lyon has found that:

1.

The township contains lands that are particularly well-suited for farming, contain woodlands, wetlands, and open lands, and combinations thereof, that contribute to the aesthetic, environmental and economic value of the community.

2.

These lands are a valuable and irreplaceable natural resource. When these lands are converted to residential or other urban uses an important community resource is permanently lost.

3.

The township is experiencing development pressure because of its location at the western edge of Oakland County and the metro Detroit area. Many of the same characteristics that make the township desirable to current and future residents, such as the presence of farms, open space, woodland, wetlands and wooded wetlands, are the very characteristics that are often lost to development.

4.

It is the desire of the township to protect and preserve farm land, open space and natural areas. These desires are set forth in the adopted master plan of the township, and are implemented through the ordinances adopted by the township.

5.

To reinforce and supplement the desires, goals and policies of the township as expressed and provided in the master plan and ordinances, this article will provide another tool for the township officials in their ongoing efforts to provide for a safe, healthy, harmonious, well-balanced, environmentally sensitive, and aesthetically pleasing environment for residents of the township.

6.

The permanent acquisition by the township of development rights to farm land, open space and natural areas will provide the opportunity to retain their current uses and provide for the long term protection of public interests which are served by the existence of farm land, open spaces and natural areas in the township.

7.

The above are all examples of the public benefits that the township is seeking through purchase of development rights.

8.

This article has been created to provide for the establishment, financing and administration of a purchase of development rights program to protect farm land, open space, natural areas, and other areas of eligible land as defined herein, in accordance with Public Act 110 of 2006, as amended.

For the purposes of this article, the following definitions shall apply:

1.

Conservation value: The agricultural, natural, open space, scientific, biological and ecological values of a parcel of property that are found to be worthy of protection.

2.

Development: An activity that materially alters or affects the existing conditions or use of any land.

3.

Development rights: The rights to develop land to the maximum intensity of development authorized by law.

4.

Development rights easement: A grant, by a legal instrument, whereby an owner relinquishes to the public the right to develop the land except as expressly reserved in the instrument, and which contains a covenant running with the land describing the easement terms, conditions and development rights.

5.

Full ownership: Fee simple ownership, or outright ownership of real property, including the ownership of all aspects of title, including the ability to transfer the totality of the title.

6.

Intensity of development: The height, bulk, area, density, setback, use and other similar characteristics of development.

7.

Other eligible land: Land that has a common property line with agricultural land from which development rights have been purchased and that is not divided from that agricultural land.

8.

Owner: The party or parties who has/have legal title to or an equitable interest in the property.

9.

Parcel: A measured portion of land that is described by virtue of a proposal to include the parcel in an agreement to acquire or transfer development rights, in accordance with the provisions of this Ordinance.

10.

Permitted use: Any use reserved within a development rights easement essential to the farming operation thereon or which does not alter the open space character of the land.

11.

Value of development rights: The difference between the fair market value of full ownership of the land (excluding buildings thereon) and the fair market value of the rights being purchased plus any residential development rights to be retained by the owner.

A.

Eligible lands. Lands that may be considered for purchase of development rights shall exhibit at least one of the following characteristics:

1.

Are currently used for agricultural and farming, or have been used for such uses in the past and may immediately be returned to active agricultural and farming use.

2.

Contain woodland, trees, tree stands or wooded habitat.

3.

Contain wetland.

4.

Contain 100-year floodplain, natural watercourse, lake or pond, or shoreline of a lake or pond.

5.

Are currently open and void of all manmade structures such as dwellings, barns, garages, sheds, buildings, paved or unpaved roads or drives, and debris. Lands which contained such structures in the past may be eligible but only if all such structures have been removed prior to consideration and the land is open and void at the time of consideration. A special exception can be made by the township board, upon the recommendation of the superintendent and planner, and the planning commission, to consider land which contains historic structures that have significance to the township overall.

B.

Application.

1.

Any person may apply to the township for purchase of the development rights of his/her/their land. A person may apply by providing a request in writing accompanied by the required information as set forth herein. Application forms may be provided by the township and shall be used if available. Any application and review fees as required by resolution by the township board shall be paid at the time of application. The act of filing an application provides no assurance of approval and subsequent purchase of development rights.

2.

The township may initiate the purchase of development rights by directing the township superintendent and township planner to explore the possibility of purchasing the development rights from a specific parcel. Such exploration shall include identification of the property owner, determining the owner's willingness to work with the township, and conducting an informal evaluation as to whether the property could be eligible and could meet the standards herein. If the exploration work finds that purchase of the development rights is possible, the township superintendent shall prepare or make arrangements for the preparation of a complete application as set forth herein. The township is not obligated to further pursue a self-initiated application, nor is the township obligated to approve or subsequently purchase the development rights.

C.

Required information. The following information is necessary and shall be provided for review by an applicant when considering any land for purchase of development rights:

1.

Parcel identification number, legal description and parcel size.

2.

Copy of the title and deed to the property.

3.

Identification of all rights-of-way or easements on the property.

4.

Complete ownership information including a certification that the interests of all joint tenants, financial institutions and any party with an interest in the property are disclosed.

5.

Property value data including assessed value and estimated market value.

6.

Existing land use on and adjacent to the parcel.

7.

Identification of the significant natural features (wetlands, woodlands, trees, ponds, streams, rivers, habitat containing endangered or threatened species or species of special concern, etc.).

8.

Identification of known environmental concerns on the property (e.g., evidence of buried waste, soil contamination, ground or surface water contamination, etc.).

9.

Survey of property by registered surveyor indicating parcel boundaries, location of buildings, walls, shelters, fences, bridges, trails, roads and other built features.

10.

Type of development rights to be purchased (e.g., fee ownership, undivided interest, conservation restriction, retained life estate, reversionary interest).

11.

Description of any rights the owner wishes to retain.

12.

Identification and explanation of mineral, oil and gas, or water rights that may exist.

A.

The township board may purchase the development rights of land from willing homeowners in the Charter Township of Lyon that is or was farm land, open space, or natural areas as defined herein as intended by this article. The property interest acquired may be either the development rights, or any lesser interest, easement, covenant or other contractual right. Purchase of development rights under this article may not be accomplished through condemnation. Participation in this program by a landowner shall be voluntary; the township shall have no authority to force a landowner to participate.

B.

The township board is further authorized to participate, partner or contract with public, private or nonprofit land conservation organizations or trusts to purchase, administer and enforce the rights obtained by the township under the PDR program.

A.

Superintendent and planner review and recommendation. It shall be the responsibility of the township superintendent and township planner to determine the completeness of an application. For complete applications, the superintendent and planner shall prepare a written report to the planning commission describing the case and providing a recommendation regarding the following:

1.

Whether to purchase development rights.

2.

Which development rights to purchase.

3.

The intensity of development permitted after the purchase of the land which the development rights are purchased.

4.

The price at which development rights will be purchased and the method of payment.

5.

The procedure for ensuring that the purchase or sale of the development rights is fixed so as to run with the land.

In preparing their report, the superintendent and planner may consult with any other staff, consultants, agencies, and experts that may be necessary.

B.

Planning commission review and recommendation. The planning commission shall review the application and written reports provided by the superintendent and planner. Upon completing its review, the planning commission shall make a recommendation to the township board based upon its findings and the requirements and standards in this article as well as the goals, policies and objectives of the township expressed in the master plan and adopted ordinances. A public hearing may be called by the planning commission, in which case the hearing shall be noticed in accordance with the procedures set forth in article 4.00 of this Ordinance and the planning commission's recommendation shall be made only after the public hearing has been held. The planning commission shall recommend that the township board purchase the development rights or does not purchase the development rights, and shall include comment regarding the financing mechanism to purchase the development rights if recommended for purchase.

C.

Township board review and action. The township board shall review the application (which may be provided to the board in summary), written reports (which may be provided to the board in summary), and planning commission recommendation. Upon completing its review, the township board shall decide whether to purchase the development rights of the property under consideration or not, and shall decide on the financing mechanism in which to purchase the development rights if the decision is to purchase. The decision of the township board is discretionary; the findings and recommendations by the superintendent and planner, and the planning commission, shall not obligate the township board to purchase or not purchase development rights.

A.

Standards for approval. When considering the purchase of development rights under the procedures set forth in this article, the following standards shall be followed for approving, modifying or rejecting an application to purchase development rights:

1.

Eligible lands. Only those parcels of land that meet or exceed the eligibility criteria as set forth in this article may be considered for purchase of development rights.

2.

Eligible rights. The township shall only purchase the rights to develop the land to the maximum intensity of development for the current zoning designation of the land at the time this article was adopted.

3.

Reserved.

4.

Purchase price and method of payment. The purchase price of the development rights shall be equal to or less than the appraised value of the development rights less the agricultural rights and specifically retained development rights. The method of payment shall be determined in advance of the purchase of development rights and any approvals or procedural requirements related to the method of payment must be secured separately and prior to the purchase of the development rights or made a condition to the approval thereof.

5.

Conformance with PDR concept. The purchase of the development rights being considered shall be consistent with and promote the intent of the purchase of development rights concept, as well as with the specific standards and requirements set forth herein.

6.

Compatibility with master plan. The purchase of the development rights being considered shall be compatible with the general principals, goals, objectives and policies set forth in the adopted master plan.

7.

Farm land preservation, open space preservation and/or natural area preservation. The purchase of the development rights shall accomplish one or more of the following:

a.

Preservation of farm land from being developed with another use, enabling land to continue in agricultural or farm use.

b.

Preservation of open space for the visual, scenic, active recreation, or passive recreation enjoyment of township residents.

c.

Preservation of a natural area and furthering the possibility of growth, wildlife habitat and restoration of that natural area in the future.

8.

Purchase agreement. The purchase of the development rights shall be accomplished by a purchase agreement, or other equivalent instrument, that fixes the transaction so as to run with the land and is recorded with the register of deeds.

9.

Conformance to all applicable regulations. The application shall be made, and the purchase of development rights shall be carried out, in conformance with all applicable federal, state and local laws and regulations.

B.

Conditions of approval. Any purchase of development rights made through this purchase of development rights program shall be set forth in a written agreement that is in recordable form suitable for recording. The purchase agreement shall specify the conditions of approval, including the following, at minimum:

1.

Runs with the land. The purchase agreement shall state that the conveyance of the development rights shall run with the land.

2.

Rights retained by owner. The purchase agreement shall state the provisions by the owner to retain certain rights, including a detailed description of the retained rights, the right to convey the retained rights, and maintaining existing structures.

3.

Prohibited activities. Any activity on or use of the property that is inconsistent with the purposes of this article or detrimental to the values being preserved is prohibited. By way of example, the following activities and uses are prohibited:

a.

Any division or subdivision of the property.

b.

Commercial or industrial use (for purposes of this provision, farming and agricultural use shall not be considered commercial or industrial).

c.

Placement or construction of any buildings, structures, fences, walls, roads, parking lots or other improvements, unless expressly permitted.

d.

Cutting of trees or vegetation, unless expressly permitted.

e.

Mining or alteration of the land surface, except where mineral rights have been retained by another owner and where the other owner has explicit rights to mine on the property as previously disclosed in the application review process.

f.

Dumping of waste or other materials.

g.

Alteration to natural watercourses, wetlands or other natural water feature.

h.

Use of motorized off-road vehicles such as snowmobiles, all-terrain vehicles, motorcycles and the like.

i.

Construction of billboards and other advertising signs.

4.

Monitoring and enforcement. The purchase agreement shall provide the township or its agent with certain rights needed to monitor the protection of the rights purchased. These rights shall include:

a.

The right to enter the property at reasonable times to monitor or enforce compliance with the conditions of approval and the purchase agreement. The township, however, shall not unreasonably interfere with the owner's retained rights on the property.

b.

The right to prevent any activity or use of the property that is inconsistent with the conditions of approval and the purchase agreement.

c.

The right to require restoration of the areas or features of the property that are damaged by activity inconsistent with the conditions of approval and the purchase agreement. The township or its agent shall also have the right to conduct studies on the property to determine appropriate types of restoration activities if necessary.

d.

The right to place signs on the property to indicate that the property is being protected under the terms of a PDR program.

5.

Enhancement. The purchase agreement may provide the township with the right to engage in activities that restore the biological and ecological integrity of the property. Such activities may include inventorying plant and animal species on the property, planting native vegetation, removal of undesirable vegetation, etc.

C.

Repurchase of rights. Development rights acquired pursuant to this program shall be held in trust for an indefinite period of time by the township or by a land conservation organization or trust. Where the township holds an interest in the land and the township board finds that, due to changing circumstances, the original intent of the purchase can no longer be achieved, then the township board may act to dispose of the township's interest in the land. Disposition may be accomplished by transfer to a land conservation or trust or by sale. If the disposition is by sale, then the township shall submit to the voters a proposition to approve the disposition of interest in the land. If a majority of those voting approve such proposition, then the township board shall cause an appraisal to be made in the same manner as the initial appraisal. The owner of the land from which the development rights were acquired, or his/her successor, shall be giving the right of first refusal to repurchase the development rights for an amount not less than the appraised value. Proceeds from the sale of development rights shall be held by the township to only fund the continuing activities of the program and for no other purpose.

(Ord. No. 190-18, § 4, 5-7-2018)

The township board shall finance the PDR program through one or more of the sources identified in Section 509(1) of Public Act 110 of 2006, as amended, including: General appropriations by the township; proceeds from the sale of development rights by the township subject to Section 508(3) of Public Act 110 of 2006, as amended; grants; donations; bonds or notes issued under Sections 509(2)—(5); general fund revenue; special assessments under Section 509(6); and other sources approved by the legislative body and permitted by law.