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Township attorney: deed restrictions can back density bonuses but enforcement is difficult
Summary
Township attorney Mike Homier told trustees that deed restrictions can be recorded to secure owner-occupancy conditions attached to density bonuses but warned enforcement is legally feasible yet practically difficult.
Trustees pressed township attorney Mike Homier for practical enforcement options for owner-occupancy conditions that staff had proposed as part of bonus-density incentives.
Homier said the most direct method is a deed restriction recorded as a condition of approval that runs with the land and can be enforced in court by the township. "It would be a deed restriction that the township could then enforce by way of judicial means,"…
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