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Adams planners seek protection for easements

ADAMS TWP — Adams Planning Commission is looking to protect conservation easements in future planned residential developments.

Conservation easements sometimes are lost when residential units are bought and sold, township leaders explained at Wednesday's meeting.

“Time goes by, and people own the lots,” said Martin McKinney, planning commission chairman. “They start to encroach and want to do things on that extra piece of property that's really a conservation easement.”

Encroachments can come in many forms, including swing sets, gardens, fencing and even certain landscaping decisions.

McKinney said the township is looking to add a layer of “protection” against such things.

Sean Gallagher, township solicitor, presented a draft of a notation that the township could levy on plan documents.

The notation indicates property owners may not place anything on conservation easements without the township's express written permission.

“This gives the township the ability to enforce the conservation easements,” Gallagher said.

By adding the comment to property documents, it would also be seen by future property owners, Gallagher continued. It could also be added to township ordinances.

“Really, what this does is provide some teeth,” McKinney said. “Protection.”

Ron Olsen, township engineer, said the township is also looking to incorporate the language into homeowners association (HOA) declarations.

Enforcing the regulation would be a joint effort, according to township officials.

The note isn't enforceable on established properties and HOAs or developments under construction, according to McKinney.

“All we can do is potentially ask,” McKinney said.

Township leaders hope the regulation will be in place for future developments.

The planning commission gave Gallagher the OK to create an ordinance, which is to be presented formally at a later date.

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