Howell Township law regarding buffers is clear and must be obeyed

We, the Howell Town-ship Farmers Advisory Committee, would like to take this opportunity to answer the News Transcript editorial of July 26, "Permit Problems Call for Equitable Solutions."

A number of years ago, Howell enacted an ordinance for buffers to be placed in all new developments adjoining any farm. The purpose of this buffer was to screen and to protect both the residence and the farm. It is not a question of doing "harm to the farm."

There are quite a few examples where conflicting land uses have problems, due to lack of a buffer. The buffer ordinance as stated in the township of Howell, Chapter 14 section 6A, reads as follows: "No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer area."

This is an ordinance, not just an opinion, made to be upheld and enforced by duly qualified officials. Howell as of several years ago also deemed that all new developments, residential or commercial, larger than 1 acre require a buffer.

The Right to Farm Ordinance requires that a developer advise prospective purchasers within 1,500 feet in any direction of an active farm use. Additionally, this information is also in the Home Buyers Protection Ordinance. The Home Buyers Protection Ordi-nance also has a Certification by Purchaser(s) (Exhibit A) which states in part, "I had the opportunity to review any existing protective or restrictive covenants and to view on the sales map the location of easements prior to the execution of the contract of sale."

The Howell Township Farmers Advisory Committee has sponsored and lobbied for an ordinance requiring the presence of farmland buffers to be noted on the deed, so that the home buyer is aware of its existence prior to closing.

The solution proposed in your editorial suggests that it is proper to violate the law, since it has been unknowingly done two times before. It would set a legal precedent that would allow all homeowners to challenge the buffer ordinance. There is no rational reason to repeat the same mistake a third time. The law is the law, and there can be no gray area.

Elizabeth Crombie

Chairwoman

Rosemary Sparandera

Corresponding secretary

Farmers Advisory Committee

Howell