Residents looking to develop a parcel of land with lake access will soon have new regulations to follow if Independence Township Supervisor Dave Wagner gets his way.
According to Wagner, the township board of trustees will vote on a new zoning ordinance pertaining to keyholing at one of the February regular meetings.
‘Right now we are doing the final research points and making some last corrections,? said Wagner. ‘Our attorney (Stuart Cooney) is making some minor changes based on board and public questions.
‘This is 18 years coming. It’s about time we get on with it.?
Keyholing refers to the use of one dock by more than one property owner on a parcel of land. For example, residents of an apartment complex or condo association using the same dock or access point.
The township began creating a keyholing ordinance about three years ago, but tabled the project when the regulations became too large and the ordinance cumbersome.
In June 2005, trustees formed a committee comprised of board members and lake residents to draft an amendment to Article III of the township ordinances. The first draft was heard at a July 2005 meeting, and sent back for further revisions.
At the Jan. 3 meeting, trustees heard the latest incarnation of the document ? in the form of a five section zoning ordinance.
The purpose of the ordinance is to ‘provide regulations to facilitate local lake and water resource preservation, in relation to boat access and reasonably expected usage. To support the integrity of the lakes and bodies of water within the township in reasonable comparison to general recreational uses, and recognize and promote the ecological balance of township waters by limiting incompatible land use and to limit artificial alteration to established shorelines.?
Section 2.1 lists the following regulations:
? The land should have at least 100 lineal feet of water frontage and a lot depth of at least 100 feet for each current and proposed dwelling.
? The frontage of such a parcel will not consist of swamp, marsh, bog or wetland.
? The parcel will not abut a man-made canal or channel, and no such structures can be created to meet these regulations.
? The access property, meeting all these conditions, cannot be used as a residential property.
According to Cooney, the document started as a docking ordinance, something for traffic control. However, comments and questions from lake residents and board members led to a change in concept.
Cooney said one point was the need to grandfather in existing conditions, something dealt with in a zoning ordinance, not a regulatory ordinance.
In addition, he said a true keyholing provision is simply more appropriate as a zoning issue. During the board meeting, Cooney expressed that the current draft is based off similar zoning ordinances already upheld in appellate court.
Trustee Dan Travis felt keyholing was ‘a much cleaner issue as a zoning issue.? He believes the zoning ordinance has ‘more teeth? than a regulatory ordinance.
One concern mentioned during the January meeting was the lack of participation from lake residents other than those on Deer Lake, who helped to initiate and spearhead the creation of the ordinance.
Tim Birtsas questioned how trustees are going to justify restricted lake use and worried the ordinance was geared only towards Deer Lake.
Wagner himself emphasized the board’s difficult position and expressed concern about lack of input from other lake residents. He said he would like the other lake boards contacted one more time before the February meetings.
‘I suppose the lack of participation could be a good sign,? Wagner later stated, ‘because it means that they’re okay with this.?