How close to the street can a new house sit in Westchester Village? It depends on the lot. The answer could be 35 feet or 40 feet, and on some curved lots the 40 feet is measured from the middle of the front lot line. It depends on which of four separately recorded subdivisions holds that parcel, and the neighborhood name doesn't tell you which one.
The Westchester Village Homeowner Association's bylaws, amended and restated as of October 25, 2019, describe the association's purpose as enforcing the building and use restrictions "as recorded for each of the four subdivisions that make up Westchester Village": Subdivisions #1, #2 and #3, plus the original plat called Westchester Village. The HOA posts each restriction set separately, and they differ on setbacks, garages, minimum floor area and how long the architectural committee has to respond. Then Bloomfield Township's tree ordinance applies to the lot as soon as redevelopment starts.
Before anyone prices an older house here as a teardown, they need to know two things: which deed restrictions govern the parcel, and where the protected tree canopy falls, including canopy that belongs to the house next door.
Four Plats, Four Building Envelopes
The original plat's restrictions, which the HOA calls "Old Westchester," cover Lots 1 through 104 in the west half of Section 34 and are dated March 18, 1999. Subdivision #3's restrictions are dated August 17, 1959, and refer to a plat recorded in Liber 90, Pages 25 through 27, in the north half of Section 34. The restrictions for Subdivisions #1 and #2 are dated December 23, 2003, and the HOA posts them as two separate documents, here and here.
Side by side, the terms that shape a new house look like this:
| Restriction set | Street setback | Side yards | Garage | Minimum living area | Committee clock |
|---|---|---|---|---|---|
| Old Westchester, 1999 | 40 ft from front lot line, measured from the midpoint on a curved front; 35 ft from a side street | Not set in the setback clause | Attached, at least two cars, doors may not face the fronting street | 1,500 sq ft livable | Written approval required before construction |
| Subdivisions #1 and #2, 2003 | 35 ft front; 35 ft from a street-bounding line | 10 ft; 25 ft rear | Attached, two-car minimum, three-car maximum | 1,450 sq ft, excluding garage | Committee acts within one week of acceptable plans |
| Subdivision #3, 1959 | 40 ft from any street-bounding line; 25 ft rear | 7 ft each, 32 ft combined, 32 ft between houses | Attached, no more than three cars | 1,450 sq ft, excluding garages, carports, breezeways and basements | Deemed approved if no action within 30 days |
The minimums matter less for a luxury rebuild than the setbacks and garage terms, because those decide the shape of the house. On an Old Westchester lot, the rule against garage doors facing the fronting street pushes the design toward a side-entry or courtyard garage, and that takes up width. On a #3 lot, the 7-foot minimum side yard looks generous on paper. But the 32-foot combined total, plus 32 feet between houses on adjacent lots, means the neighbor's existing house helps decide where the new one can go.
Height has its own wording. The Old Westchester and #3 restrictions both say no dwelling may exceed two stories, and both expressly allow tri-level, bi-level and other multi-level designs as long as the greatest height stays within two stories. Subdivision #3 adds a materials clause requiring buildings to be "in harmony with the established architectural character of the subdivision."
The Canopy Draws a Second Line
After the deed restrictions, the trees set the next limit. Bloomfield Township's Tree Preservation & Protection Ordinance generally applies only where new construction or redevelopment is planned, or where a lot is being clear-cut. A house where nothing is being built isn't covered. A teardown is covered as soon as the demolition application goes in, because the Township's residential demolition packet requires the tree preservation survey on the demolition site plan.
The Township defines protected trees as 8 inches in diameter at breast height or larger, and landmark trees as 24 inches or larger, along with species listed in the ordinance's table. In the ordinance text adopted in 2009, the species thresholds are much lower than 24 inches for the trees most likely to stand over an older Westchester Village lot: 16 inches for oak, 18 inches for maple other than box elder, and 20 inches for black or white walnut. Protected trees must be replaced at 50% of the total diameter removed, and landmark trees at 100%, with each replacement at least 3-inch caliper, or 8 feet tall for evergreens.
The rule that matters most for site planning is in the tree permit packet. Trees whose drip lines reach into the area being developed have to be included in the survey, "even if the trunk of the tree is not in an area that will be disturbed." The 2009 ordinance text requires protective fencing at least 48 inches high, placed five feet outside the drip line unless that's impractical, and it bars placing materials, machinery, vehicles or soil within 10 feet of the drip line. If the haul roads or vehicle access points used during construction differ from the proposed ones, their locations must appear on the plan.
Put that next to a #3 lot's 7-foot side yard. A large oak just over the property line can put its protection zone on the very strip where a builder planned to stage equipment, run a driveway or set a foundation wall. That zone has to be fenced, and kept clear of materials and machinery, for as long as the work runs.
Tags, Fees and the Cost of a Mistake
The survey has to be done by an arborist, drawn to scale and submitted in triplicate. It must list every surveyed tree by tag number, size, species and condition, and mark which trees stay and which go. Each tree gets a stamped tag of aluminum or a similar corrosion-resistant material before any construction, grading or cutting begins. Removing or damaging a tree marked "to be retained" is a violation, which can be remedied through replacement under the ordinance.
The packet lists these fees:
- $200 application and permit fee for single-family residential projects
- $500 escrow deposit when the Township's consultant reviews the application
- $455 for a single-family application filed after the fact
- $50 for each additional inspection
None of those fees is large next to the cost of replacement. When replanting on site or elsewhere in the Township is impractical, the 2009 ordinance text allows a payment into the Township Woodlands Trust Fund. The payment isn't a flat rate per inch. It equals the value of the replacement trees, installation included, estimated at twice wholesale cost from a current local nursery catalog that the applicant submits and the Township approves. Removing one landmark-size oak triggers 100% diameter replacement in 3-inch trees, and that number belongs in the land budget before the offer is written. A tree scoring nine or less on the ordinance's health and condition scale may qualify as non-protected, and an arborist or other qualified professional makes that determination.
The Order of Approvals
The Township's permit page says applications "may also require approvals from Subdivision or Homeowners Associations prior to issuance." In Westchester Village, the bylaws give the Architectural Control Committee authority over construction, excavation and grading plans. The HOA's board page lists the committee's contact as [email protected]. Taken together, the Township and HOA documents suggest this sequence:
- Match the parcel to its plat. Read the legal description against the four recorded restriction sets, since the HOA posts each set separately and their terms differ.
- Commission the arborist survey early. The packet requires tree permit approval before any trees are cut. When site plan review applies, the application goes in before or with that submittal.
- Submit plans to the committee. The Old Westchester restrictions call for plans covering the house's nature, shape, height, materials, color, location, approximate cost, and grading and elevations.
- Assemble the demolition packet. It requires three site plan sets showing finished first floor elevation, a DTE wrecking clearance, a Consumers Energy gas retirement letter, proof that air conditioning refrigerant was recaptured, water meter removal and a plumbing permit with an approved water and sewer disconnect inspection.
- Plan for the inspections and the grading clock. The packet lists a pre-issuance site inspection, foundation and open-hole, final grade, water disconnection and sanitary cap inspections. The site must be graded within five business days of permit issuance unless a new construction permit has been applied for on the same site.
The water and sewer work carries a $10,000 Township surety bond posted by the excavator or sewer contractor, not by the owner. The Township's building permit fee page lists a $300 residential demolition permit. The packet's fee schedules, dated July 1, 2021, list that same $300 permit plus a separate $250 application fee for residential demolition, so plan on both and confirm the current amounts with the Building Division. On asbestos, the Michigan Department of Environment, Great Lakes, and Energy's Asbestos NESHAP guidance places two groups outside that federal rule's facility scope. One is privately owned homes that aren't being demolished for urban renewal or as part of a public or commercial project. The other is privately owned residential buildings with four or fewer units. Your abatement and demolition contractors can say what applies to a particular job.
This is general information, not legal, tax or financial advice. Deed restrictions and ordinances should be confirmed against the recorded documents for your specific parcel with an attorney, surveyor or arborist.
A Few Distinct Questions
Does the tree ordinance apply if I'm keeping the house? Generally not. The Township says routine yard maintenance doesn't need a tree permit unless the property is under site plan review or awaiting approval for a building permit, and clear-cutting is never allowed.
What happens if the architectural committee doesn't respond? That depends on the plat. The #3 restrictions treat plans as approved if the committee hasn't acted within 30 days of receiving them. The #1 and #2 documents say the committee acts within one week after acceptable plans or sketches are submitted.
Can a construction trailer stay on the lot? The Old Westchester restrictions prohibit temporary structures except a building for storing construction materials, which must be removed when the work is finished. Waste must be kept in sanitary containers out of public view.
If you're looking at an older Westchester Village house as a teardown, Rob Haber can help match the parcel to its plat, read its setbacks against the canopy and build those limits into an offer before a demolition application is ever filed. Let's Connect.
