(a)

Traditional zoning, with its rigid separation of uses into different districts under very restricted placement controls, may be inappropriate because of the size of a development, for the development of sites with sensitive environmental features, or for sites uniquely situated with regard to adjoining uses. Planned unit development (PUD) modifies the traditional forms of zoning and permits a developer to secure advantages which can be passed on to the general public by virtue of more desirable and more economic development. This article provides a controlled degree of flexibility in the use of land and the placement of structures and lot sizes, while maintaining standards which ensure a high level of quality and compatibility in new development.

(b)

Except as expressly modified by approval of a PUD rezoning and plan approved as provided by this article, the provisions of the underlying zoning district remain in full force and effect. Rezoning of land to the PUD district may be initiated either by the request of the owners of the land to be included within the PUD (or authorized persons acting on behalf of the owners, referred to in this article as the applicant); or by the planning commission or township board as authorized by this article and the Zoning Enabling Act. A rezoning of land to the PUD district initiated by the planning commission or township board shall not be subject to prior submittal and approval of a preliminary development plan as required by section 78-456. However, such rezoning shall be subject to the eligibility criteria and qualifying conditions contained in section 78-447. In either case, preliminary and final development plans must be submitted and approved as provided by this article prior to commencing development of the land which has been rezoned PUD.

(c)

The PUD regulations provided by this article are intended to:

(1)

Provide a more desirable environment by preserving open fields, woodlands, wetlands, areas of steep topography, creeks, ponds and similar natural assets;

(2)

Encourage a creative approach to development design in the township;

(3)

Encourage an efficient, aesthetic and desirable use of open areas and a reduction in development costs by allowing the developer to avoid and preserve natural obstacles on the site;

(4)

Encourage preservation of land meeting certain characteristics as permanent open space, by providing a residential density incentive for residential developments in specified zoning districts that are designed to set aside a minimum of 40 percent of the land area in the development as permanent open space;

(5)

Promote the goals of the township's master plan to maintain the township's rural character, maintain an attractive landscaped corridor along the township's major roadway frontages, maintain the traffic carrying capacity of the township's major roadways, and protect environmentally-sensitive areas; and

(6)

Provide the township with a higher degree of control over the types of uses and design details of development in locations where application of traditional zoning requirements may not be appropriate.

(d)

The provisions of this article are not intended to be used solely to avoid the otherwise applicable requirements of this chapter, including the provisions of any other zoning districts established by this chapter. For residential PUDs, it is not the intent of this article to permit higher density in a PUD than is reasonably and realistically achievable in conformance with the conventional zoning district standards of this chapter, as demonstrated by the alternative plan submittal required by this article, unless the PUD plan more effectively achieves the purposes and intent of the PUD regulations, as stated herein.

(Ord. No. O-062695-1, § 17, 6-26-1995; Ord. No. O-102395-1, § 1, 10-23-1995; Ord. No. O-012599-1, § 1, 1-25-1999; Ord. No. O-021710-1, § 13, 2-17-2010)

To be eligible for PUD approval as provided by this article, all of the following conditions must exist with regard to the proposed PUD site:

(1)

The land proposed to be included within the PUD must:

a.

Have significant natural or historic features the preservation of which will be enhanced through development under the PUD standards; or

b.

Have other characteristics such that its development under the PUD provisions will achieve the purposes and intent of this chapter and protect the public health, safety and welfare to an equal or greater extent than would development under the otherwise applicable provisions of the underlying zoning district.

(2)

If the PUD site is intended to contain any residential use other than detached single-family dwellings, it must be served by public water and sanitary sewer service.

(3)

The PUD site must abut and/or have direct access to a public street.

(Ord. No. O-062695-1, § 17(16.02), 6-26-1995)

Subject to review and approval under the procedures and standards contained in this article, the following uses may be permitted in the PUD district:

(1)

In the AGP, RP-1, RP-2, RR, R-1, R-2, R-3, R-4, and V-R districts, any use which is permitted by right or by special use approval in the AGP, RP-1, RP-2, RR, R-1, R-2, R-3, R-4, or V-R districts may be included in a PUD (including, without limitation, golf courses, country clubs, parks, playgrounds and indoor recreation facilities such as racquet clubs and swimming pools).

(2)

In the PO, C-1 or C-2 districts, any use which is permitted by right or by special use approval in the PO, C-1 or C-2 districts may be included in a PUD.

(3)

Temporary provisions applicable during Ada Village redevelopment. The provisions of subparagraph (2) above notwithstanding, for a period of two years following the effective date of the amendatory ordinance that added this subparagraph (3), in order to facilitate the orderly re-location of existing businesses that are displaced from their current business locations as a result of redevelopment of property within the Downtown Development Authority (DDA) District to other suitable locations in the DDA District, a PUD in the C-2 zoning district may include the following, provided that the standards set forth below are satisfied:

a.

Restaurants having the design feature of one or more drive-through service windows, subject to compliance with the following standards:

1.

The restaurant shall be located on a lot that abuts State Highway M-21 (Fulton Street).

2.

The restaurant shall be located on a lot that is a minimum of 3,000 feet from any other lot occupied by a restaurant having drive-in facilities.

3.

If the restaurant is located on a lot that abuts more than one public road, or abuts and has legal access to both a public road and a shared private road right-of-way, vehicular access shall be obtained only from the public or private road having the lesser traffic volume, as measured by average daily traffic, unless it can be demonstrated that the traffic generated by the uses on the subject property cannot reasonably be accommodated without having access from more than one road.

4.

Vehicular access and circulation patterns shall be designed to minimize traffic conflicts, congestion and disruption, enhance traffic safety on abutting public and private roads and maintain connectivity with the village street network, while providing reasonable access to the subject property.

5.

The site design shall provide safe, well-defined sidewalks for non-motorized access to the site, and shall provide connectivity with non-motorized facilities on adjacent properties.

6.

The site design shall accommodate access to the site and provide staging locations on the site for anticipated delivery and service trucks, in locations that do not interfere with vehicular circulation or access to parking spaces on the site.

7.

A minimum of ten-vehicle stacking spaces shall be provided in advance of the product delivery window. Stacking of vehicles shall not interfere with access to parking spaces or driveway aisles.

8.

The parking layout shall provide a minimum of three parking spaces located near the exit area of the product pick-up window, for use by customers waiting for delivery of orders to their vehicles.

9.

The nearest part of the restaurant building shall be located a minimum of 75 feet from any property zoned or used for residential use.

10.

If the restaurant is located on a lot that is adjacent to property zoned or used for residential purposes, a solid screen fence having a minimum height of six feet shall be installed along the common property boundary.

11.

Facilities for commercial refuse pickup shall be fully screened and enclosed so as to screen refuse containers from view.

12.

Outdoor speakers shall be located and operated so as to minimize sound transmission beyond the boundary of the property on which the use is located.

13.

As a condition of PUD Plan approval, limitations on hours of operation of uses in the PUD may be imposed.

14.

The PUD Plan application shall include details regarding the proposed number, location, size, height, design and illumination of proposed free-standing and building-mounted signs.

15.

At times other than hours of operation as limited above, exterior lighting, including lighting of signs, shall be reduced to a minimum level as deemed appropriate by the zoning administrator for security purposes.

b.

Reserved.

(4)

In the LI or I districts, any use which is permitted by right or by special use approval in either the LI or I districts may be included in a PUD.

(Ord. No. O-062695-1, § 17(16.03), 6-26-1995; Ord. No. O-021710-1, § 14, 2-17-2010; Ord. No. O-09-26-16-1, § 1, 9-26-2016; Ord. No. O-041221-2, § 1, 4-12-2021)

Subject to review and approval under the procedures and standards contained in this article, the following dimensional standards and other standards contained within this chapter may be varied by specific approval in a PUD development plan as deemed necessary by the township to fulfill the purposes and intent of this chapter and to achieve the goals and objectives of the master plan:

(1)

Minimum lot area, minimum lot width, minimum setback, minimum building separation distance, maximum building height and maximum building footprint size requirements of the otherwise applicable zoning district standards.

(2)

Regulations pertaining to signs contained in article XXVI, regulations pertaining to off-street parking and loading spaces contained in article XXVII, regulations pertaining to public street access and private roads and driveways contained in article XXVIII.

(3)

The following maximum gross density limits in a planned unit development shall be as follows:

(Ord. No. O-081417-1, § 1, 8-14-2017; Ord. No. O-041221-2, § 2, 4-12-2021)

Editor's note— Ord. No. O-081417-1, § 1, adopted Aug. 14, 2017, amended § 78-449 in its entirety to read as herein set out. Former § 78-449, pertained to area, height, bulk, placement and density requirements, and derived from Ord. No. O-062695-1, § 17(16.04), adopted June 26, 1995; Ord. No. O-012698-1, § 2, adopted Jan. 26, 1998; Ord. No. O-021710-1, § 15, adopted Feb. 17, 2010.

(a)

In residential PUDs, the planning commission or township board may require that land be set aside as protected or common open space, where deemed necessary in order to achieve one or more of the following objectives:

(1)

To provide common recreational area for use by the residents of the PUD, in cases where the development is expected to create a significant demand for common recreational area, which demand will not otherwise be met by the PUD as proposed.

(2)

To protect and preserve environmentally-sensitive areas, such as floodplain wetlands, stream corridors, steeply-sloped areas, woodlands or other sensitive areas which may exist on the development site.

(3)

To provide open space buffer areas between the PUD and adjoining property as to minimize adverse impacts of the development on adjoining property.

(4)

To provide open space along public road corridors so as to maintain a natural character along public roadways in rural portions of the township, as encouraged in the township master plan.

(b)

Where provision of dedicated open space is required, it shall comply with the following requirements:

(1)

Except as otherwise approved by the planning commission, no individual area designated as open space shall be less than one acre in size.

(2)

Land devoted to public or private street easements or rights-of-way shall not be included in computing the area of open space.

(3)

Access to open space areas which are suitable for active use shall be provided from all areas of the PUD by means of public or private streets or pedestrian access ways.

(4)

All areas included as open space shall be preserved and protected for the sole benefit, use and enjoyment of residents of the PUD.

(c)

As a condition of final PUD approval, and prior to the occupancy of any residential dwelling within the PUD (or within any residential phase of the PUD), the applicant shall be required to establish a property owners' association (or other similar organization acceptable to the township) of which all residents or occupants of the PUD shall be required to become members through appropriate plat restrictions, covenants, and conditions. The property owners' association must be legally capable of assuming, and shall assume, the obligation to maintain the open space as required by this section.

(Ord. No. O-062695-1, § 17(16.05), 6-26-1995)

Following final PUD approval, no construction shall be undertaken on the land included within the PUD except in conformity with the final development plan and any conditions imposed in connection with the final PUD approval.

(Ord. No. O-062695-1, § 17(16.07), 6-26-1995)

(a)

An approved final development plan and any conditions imposed upon final PUD approval shall not be changed except upon the mutual consent of the planning commission and the applicant.

(b)

Except for changes determined to be minor changes as provided by subsection (c) of this section, changes to an approved final development plan or to any conditions imposed on final PUD approval shall be reviewed and approved, approved with conditions, or denied by the planning commission pursuant to the procedures provided by this article for an original request for final PUD approval.

(c)

Minor changes to a final development plan may be approved by the zoning administrator, without review by the planning commission, subject to the following limitations:

(1)

For multiple-family residential buildings and nonresidential buildings, the size of structures may be reduced by five percent or increased by five percent, provided that there shall be no increase in the number of dwelling units.

(2)

Gross floor area of nonresidential buildings may be reduced by five percent or increased by five percent, or no greater than 5,000 square feet, whichever is less.

(3)

Floor plans may be revised, if consistent with the character of the use.

(4)

Horizontal and vertical elevations may be altered up to five percent.

(5)

Building footprints may be relocated by up to five feet, unless a specific setback or separation distance is imposed as a condition of approval.

(6)

Areas designated as not to be disturbed may be increased in area.

(7)

Plant materials included in the final development plan may be substituted by similar types of landscaping on a one-to-one or greater basis.

(8)

Improvements to access and circulation systems may be made, such as addition of acceleration/deceleration lanes, boulevards, curbing, pedestrian/bicycle paths.

(9)

Changes in exterior materials may be made, provided that any changes provide for the use of materials of equal or higher quality than those originally approved, as determined by the zoning administrator.

(10)

Signs may be reduced in size, and sign setbacks may be increased.

(11)

Parking spaces in a parking lot may be internally rearranged, if the total number of parking spaces provided is not reduced and circulation hazards or congestion are not created by the redesign.

(d)

The zoning administrator may refer a decision regarding any proposed change to a final development plan (including any change which is a minor change under subsection (b) of this section) to the planning commission for review and approval by the commission.

(Ord. No. O-062695-1, § 17(16.08), 6-26-1995)

(a)

Construction shall be commenced and shall be proceeding meaningfully toward completion within one year from the date of final PUD approval for all or any phase of a PUD. Construction of each phase of a multiphased PUD shall be commenced within one year of the schedule established for the phase as approved for the PUD.

(b)

If construction is not commenced within the applicable one-year period, approval of the final development plan shall lapse. However, the planning commission may extend the time for commencement of construction if the applicant requests an extension prior to the expiration of the one-year period, and demonstrates to the satisfaction of the commission that the extension is justified either:

(1)

Because the delay is due to unforeseen difficulties beyond the reasonable control of the applicant, and there remains a likelihood of proceeding to completion with the PUD; or

(2)

Upon other good cause shown by the applicant.

(c)

If the zoning administrator determines that construction has not commenced or is not proceeding meaningfully toward completion within the required time period as provided by this section, the zoning administrator shall provide written notice of that failure to the applicant (and to the owners of the land located within the PUD, if different than the applicant) at least 14 days prior to the expiration of the applicable required time period.

(d)

If final PUD approval lapses as provided by this section due to a failure to commence construction and proceed meaningfully toward completion within time periods provided by this section, a new application for final PUD approval must be submitted for review by the planning commission under the then applicable provisions of this chapter.

(e)

The lapse of final development plan approval as provided by this section shall not affect the PUD rezoning. The PUD rezoning shall remain unchanged until again rezoned to a different zoning district in accordance with applicable rezoning procedures under this chapter and the Zoning Enabling Act.

(Ord. No. O-062695-1, § 17(16.09), 6-26-1995)

Planned residential developments (PRDs) approved prior to June 26, 1995 shall continue in full force and effect. However, any amendments to a planned residential development approved prior to June 26, 1995, shall be reviewed and approved in accordance with the procedures and requirements of this chapter.

(Ord. No. O-062695-1, § 17(16.10), 6-26-1995)

The applicability of this article to lands located within the Ada Village area that were rezoned to the planned unit development district by this section shall be limited as follows:

(1)

Proposed development plans which do not include or require the demolition of any existing building or portion thereof, or which propose the construction of no more than 1,000 square feet of new building floor area shall be exempt from the PUD plan approval procedures contained in this article, and shall be subject to review and approval of a site plan by the planning commission, in accordance with article XXII, Site plan review.

(2)

A change in use of land or an existing building from one permitted use category to another permitted use category under the existing C-1 or C-2 zoning classification of the subject property shall be exempt from the PUD plan approval procedures contained in this article.

(3)

A change in use of land or an existing building to a new use category listed as a "special use" under the existing C-1 or C-2 classification of the subject property shall be exempt from the PUD plan approval procedures contained in this article, and shall be subject to review and approval of a special use permit application by the planning commission, in accordance with article XXI, Special uses.

(4)

Proposed development which consists solely of improvement to or expansion of an offstreet parking area shall be exempt from the PUD plan approval procedures contained in this article, and shall be subject to the provisions for review and approval of parking area construction contained in article XXVII, Off-street parking and loading spaces.

(Ord. No. O-012808-2, § 1, 1-28-2008)

The procedures in this division shall be followed when applying for PUD approval as provided for by this article.

(Ord. No. O-062695-1, § 17, 6-26-1995)

Prior to the submission of an application for PUD approval, the applicant shall meet with the planning commission for the purpose of preliminary discussion and review regarding the appropriateness, general content and design approach of a proposed PUD. An applicant desiring a preapplication conference must submit to the zoning administrator a written request that the conference be placed on the planning commission's agenda. The request must be submitted at least 14 days prior to the planning commission meeting at which the conference is to take place. Statements made by any person during the course of a preapplication conference shall not be deemed to constitute legally binding commitments.

(Ord. No. O-062695-1, § 17, 6-26-1995; Ord. No. O-021710-1, § 16, 2-17-2010)

(a)

Submission of PUD application and preliminary development plan and request for PUD rezoning.

(1)

An application for preliminary PUD approval requires submission of a preliminary development plan consisting of the maps and accompanying written materials as provided by this section. Ten copies of the completed plan and application materials must be submitted to the zoning administrator, for transmittal to the planning commission, not less than 14 days prior to the planning commission meeting at which the request will first be considered.

(2)

In addition, if the site of a proposed PUD has not previously been rezoned as a PUD district, the applicant must apply for the necessary PUD rezoning as a part of the application for PUD approval. If the site of a proposed PUD has previously been rezoned and is appropriately classified as a PUD district as required by this article at the time the application for preliminary development plan approval is submitted, a request to rezone to a PUD district shall not be required as a part of an application for PUD approval, but all other requirements of this article regarding review and approval of preliminary and final development plans shall nevertheless apply.

(b)

Application requirements for preliminary PUD approval. An application for preliminary PUD approval shall include all of the maps and accompanying written materials, as applicable to the proposed development, as follows:

(1)

A completed application form as supplied by the township. The application form must be signed by the applicant, and by the owners of all of the land to be included within the PUD, if different than the applicant.

(2)

A preliminary development plan encompassing all phases of the proposed PUD, prepared at a scale acceptable to the zoning administrator, containing all of the following information:

a.

The applicant's name and address; and the owners' names and addresses, if different than the applicant.

b.

The name of the proposed development.

c.

The name, address, city and phone number of the firm and of the individual who prepared the plan, and the date of preparation.

d.

The common description and complete legal description of the property to be included within the PUD.

e.

Dimensions of the property, including width, length, acreage and frontage.

f.

Written and graphic scale, and north arrow.

g.

Existing zoning and use of all adjoining properties, including location of existing structures and improvements within 100 feet of the PUD boundary.

h.

Existing natural features of the site, including predominant vegetative cover, major tree stands and existing drainageways.

i.

Existing site improvements, including existing buildings or other structures, existing utilities with sizes shown, and any existing easements of record.

j.

Existing site elevation contours at no greater than two-foot intervals.

k.

Existing shoreline and existing 100 year flood hazard area boundary.

l.

Existing right-of-way lines, pavement edges and names of public streets; proposed layout of new public streets or private roads.

m.

Existing and proposed footprints and dimensions and number of stories for buildings and structures.

n.

Proposed uses within the PUD and the approximate acreage allotted to each use; for PUDs which are to include platted lots or site condominium lots, proposed minimum lot sizes and dimensions shall be identified.

o.

For nonresidential PUDs, the following shall be delineated on the plan:

1.

Proposed locations of access driveways and parking areas.

2.

Proposed footprints, floor area total, and height of proposed buildings.

p.

For PUDs which are intended to be developed in phases, the area and uses included in each phase shall be delineated.

q.

Identification of the limits of any required "natural vegetation zone" and/or "transition zone" adjacent to a riparian feature, as established by the riparian area protection standards contained in section 78-25.

(3)

For residential PUDs, the applicant shall submit an alternative plan which demonstrates the manner in which the subject property could reasonably and realistically be developed, in conformance with all applicable standards of the zoning district of the subject property at the time of submittal of the PUD application.

(4)

For any proposed PUD which exceeds the following minimum size thresholds, or which is expected to generate 500 or more vehicle trips per day, or when the planning commission determines that such an analysis is necessary to adequately assess the impact of the proposed PUD on traffic safety and roadway operations, a traffic impact assessment must be submitted. A traffic impact assessment shall be submitted when the following threshold levels are exceeded:

The traffic impact assessment must contain the following information:

a.

Description of existing daily and peak hour traffic volumes on adjacent streets.

b.

Projected vehicle trip generation for the proposed uses in the PUD, for morning and afternoon peak hours, as well as average daily traffic.

c.

Distribution of projected traffic generated by the PUD onto the adjacent street network.

d.

Analysis of the impact of projected traffic on the capacity and level of service at all roadway sections and intersections where 20 percent or more of the projected traffic is comprised of traffic generated by the proposed PUD.

e.

Analysis of mitigation measures needed, if any, to serve projected traffic volumes.

(5)

A small-scale sketch of the vicinity of the subject property, locating the property in relation to adjacent properties, structures, streets and uses within 500 feet of the PUD.

(6)

A narrative statement describing the overall objectives of the PUD, and the specific requirements of the otherwise applicable underlying zoning district which are requested to be varied in the PUD plan.

(7)

Payment of a preliminary PUD approval application fee and escrow amount as specified in section 78-65 and established by resolution of the township board. The application shall not be accepted unless the required fee and escrow amount are paid in full.

(c)

Review by planning commission; standards for approval; conditions of approval.

(1)

Upon receipt of a completed application for preliminary PUD approval and a request for rezoning to the appropriate PUD zoning district, the planning commission shall schedule a public hearing on the plan and request for PUD rezoning. Notice of the public hearing shall be provided as required by section 16c(5) of the Zoning Enabling Act.

(2)

At the public hearing, the planning commission shall review the preliminary development plan and the accompanying application materials (along with any additional documentation or analysis the commission may request the applicant to provide as necessary to assist in its review), and shall consider whether the PUD as proposed meets all of the following standards:

a.

The PUD conforms with the policies, goals, guidelines and recommendations contained in the master plan concerning land use, density, vehicular access and circulation, pedestrian circulation, building placement, character and design, landscaping, signage and amenities.

b.

The PUD is consistent with and promotes the intent of this article and this chapter.

c.

If the PUD contains more than one type of use, the uses are arranged in a manner, and buffers are provided as necessary and appropriate, so as to prevent adverse impacts of one use upon another, and so as to create a logical relationship of one use to another.

d.

The PUD is compatible with surrounding uses of land and the character of the surrounding area. The design and placement of buildings and other structures, parking, lighting, signs, refuse storage, landscaping and other elements of the proposed PUD ensures compatibility with surrounding properties and properties within the PUD, and ensures that the development, when viewed from public rights-of-way, contributes to the desired character of the surrounding area.

e.

The PUD is designed to have minimal adverse effect on the environment and to preserve and maintain to the maximum extent feasible the quality of surface and groundwater resources and the natural topography, vegetation and other natural features of the site.

f.

The PUD will not place demands on public services and facilities in excess of their capacity.

g.

Any approved community water or sewer facilities which are not connected to a public system at the time of construction shall be designed as a complete unit to serve the entire PUD project, with provision for connection to a public system if and when a public system is provided at a future date.

h.

Safe and efficient ingress and egress has been provided to the property, especially with regard to pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency. The amount and type of traffic generated by the PUD shall not exceed the capacity of existing and proposed streets. Curbs, gutters and sidewalks may be required if it is determined that such improvements are necessary for reasons of public safety.

i.

The PUD shall be designed so that the additional traffic generated by the PUD will not create a substantial detrimental effect on neighboring properties or on the health, safety and welfare of township residents, including the residents of the proposed PUD.

j.

The PUD is otherwise consistent with the public health, safety and welfare of the township.

k.

Except to the extent that conformance with the standards of this chapter is explicitly waived in the proposed PUD as permitted in this article, the PUD shall conform with all other applicable standards and requirements of this chapter.

(3)

Reasonable conditions may be imposed by the planning commission in conjunction with its recommendation of preliminary PUD approval for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of individuals in the project and those immediately adjacent, and the community as a whole, and shall be necessary to meet the intent and purpose of this article, and be related to the objective of ensuring compliance with the standards of this article.

(4)

At the public hearing, or within a reasonable time following the public hearing, the planning commission shall take the following actions:

a.

The planning commission shall recommend to the township board that the request for preliminary PUD approval as proposed by the preliminary development plan and accompanying application materials, be approved, approved with conditions, or denied, provided that the planning commission may recommend approval of the request only if the PUD as proposed meets all of the standards as provided in this section. The planning commission shall prepare a written report stating its conclusions on the request for approval, the basis for its recommendations, and any conditions imposed in connection with a recommendation to approve the request.

b.

The planning commission shall also make a written recommendation to the township board on the request for PUD rezoning.

c.

The planning commission shall provide the applicant with a copy of the commission's report and recommendation regarding the request for PUD approval and rezoning.

(d)

Review and approval of application and preliminary development plan and request for PUD rezoning by township board; effect of approval.

(1)

The township board shall be provided with a copy of the planning commission's report and recommendation of approval, approval with conditions, or denial of the request for preliminary PUD approval, along with a summary of comments received at the planning commission's public hearing, minutes of all proceedings, and all maps and documents related to the PUD application. The township board shall also be provided with the planning commission's recommendation on the request for PUD rezoning.

(2)

After receipt and review of the planning commission reports, recommendations and materials as specified in this section, the township board shall take the following actions:

a.

The township board shall approve, approve with conditions, or deny the request for preliminary PUD approval as proposed by the preliminary development plan and accompanying application materials, provided that the request may be approved only if the PUD as proposed meets all of the standards as provided in this section. Prior to making a decision regarding the preliminary PUD, the township board may refer the matter to the planning commission for further review. Conditions may be imposed on preliminary PUD approval as provided in this section. The township board shall prepare a written report stating its conclusions on the request for approval, the basis for its decision, and any conditions relating to an affirmative decision.

b.

The township board shall approve or deny the request for PUD rezoning, or refer the request again to the planning commission for further review. If the township board considers it necessary, it may hold additional public hearings to consider the rezoning request. Notice for the public hearing, if held, shall be provided as required by section 16(c)(5) of the Zoning Enabling Act.

(3)

Approval by the township board of both the request for preliminary PUD approval and the request for PUD rezoning shall confer upon the applicant for a period of one year the right to submit a final development plan for the PUD (or for any phase of the PUD, as identified on the preliminary development plan) for review and approval by the planning commission.

a.

If a final development plan is not submitted within the one year period, the preliminary development plan approval shall lapse. However, the planning commission may extend the time for submission of the final development plan if the applicant requests an extension prior to the expiration of the initial period.

b.

If the PUD is proposed for construction in phases, a final development plan for at least the first phase of the PUD shall be submitted within the time limitations contained in this section. Final development plans for subsequent phases shall be submitted within any time period established by the township as a condition of approval of the preliminary development plan.

c.

If a preliminary development plan lapses due to failure of the applicant to submit a final development plan within the time limitations contained in this section, a new preliminary development plan must be submitted for review by the planning commission in accordance with the then existing provisions of this article.

d.

The lapse of preliminary development plan approval as provided by this section shall not affect the PUD rezoning. The PUD rezoning shall remain unchanged until again rezoned to a different zoning district in accordance with applicable rezoning procedures under this article and the Zoning Enabling Act.

(Ord. No. O-062695-1, § 17, 6-26-1995; Ord. No. O-012599-1, § 3, 1-25-1999; Ord. No. O-072699-1, § 3, 7-26-1999; Ord. No. O-061305-2, § 16, 6-13-2005; Ord. No. O-081417-1, § 2, 8-14-2017)

(a)

Submission of PUD application and final development plan.

(1)

An application for final PUD approval requires submission of a final development plan consisting of the maps and accompanying written materials as provided by this section. Ten copies of the completed plan and application materials must be submitted to the zoning administrator, for transmittal to the planning commission, not less than 14 days prior to the planning commission meeting at which the request will first be considered.

(2)

Application for final PUD approval may be requested for an entire PUD, or for one or more sequential phases of the PUD if the phases conform to the provisions for phased development contained in the preliminary development plan approval.

(b)

Application requirements for final PUD approval. An application for final PUD approval shall include all of the materials and information required to be submitted for preliminary PUD approval under section 78-458 and this section, and shall also include the following materials and information:

(1)

A completed application form as supplied by the township. The application form must be signed by the applicant, and by all of the owners of the land to be included within the PUD, if different than the applicant.

(2)

A final development plan containing all of the information required by this article for the preliminary development plan, and in addition thereto, all of the following information as applicable to the PUD under consideration:

a.

Proposed site elevation contours at no greater than two-foot intervals, superimposed over existing site elevation contours at no greater than two-foot intervals.

b.

Proposed landscaping, including location, quantity, size and species of all plant materials to be installed, proposed ground cover, identification of areas to be covered by underground irrigation systems, and identification of significant existing plant materials to be removed or retained on the site.

c.

Layout and dimensions of all existing and proposed driveways, sidewalks, curb openings and parking areas. Parking areas shall include layout of proposed parking spaces and aisles, with typical dimensions, total number of spaces; and the method by which required number of spaces was calculated shall be noted.

d.

Existing and proposed lot lines, with bearings and dimensions.

e.

Size and location of existing and proposed water and sewer lines, hydrants, natural gas, electric, telephone, cable television and any other proposed utility lines.

f.

Location, height and design of proposed fencing or walls.

g.

Location, height and style of proposed exterior lighting.

h.

Location, height, size and method of illumination of proposed signage.

(3)

Typical elevation sketches, with identification of facade materials, of all sides of each principal building type included in the PUD, drawn at a scale of one inch equals eight feet.

(4)

A drainage plan, prepared and sealed by a licensed professional engineer, identifying measures to be used for control and disposal of stormwater runoff from the PUD site. Stormwater runoff control facilities shall be provided to ensure that the peak runoff rate from the PUD site does not exceed predevelopment levels, and shall be designed in accordance with design criteria adopted by the county drain commissioner. The drainage plan shall identify sizes and dimensions of all drainage structures, and the method, assumptions and calculations used in the design of drainage facilities shall be provided.

(5)

Summary data schedules containing the following:

a.

Total gross site area.

b.

Area of existing or proposed rights-of-way.

c.

Area and percentage of total open space.

d.

For residential development, number, sizes and bedroom mix of proposed dwelling units.

e.

For nonresidential development, total floor area for each category of use, area and percentage of site covered by buildings and area and percentage of site covered by pavement.

(6)

Payment of a final PUD approval application fee and escrow amount as specified in section 78-65 and established by resolution of the township board. The application shall not be accepted unless the required fee and escrow amount are paid in full.

The planning commission may waive any of the application requirements provided above (except for the application fee), if the commission determines that the requirement to be waived is not applicable to the PUD under consideration or is otherwise unnecessary to meet the intent and purposes of this article.

(c)

Review and approval of PUD application and final development plan by planning commission.

(1)

The planning commission shall review the final development plan and accompanying application materials, and shall approve, approve with conditions or deny the request for final PUD approval.

(2)

The request for final PUD approval may be approved only if:

a.

The PUD as proposed meets all of the standards as provided by section 78-458; and

b.

The final development plan is consistent in all significant respects with the preliminary development plan as approved by the township board, including any conditions imposed by the board on the preliminary PUD approval. Specifically, changes in any of the following features of the PUD shall require submittal of a revised preliminary development plan for review by the planning commission and the township board as provided by this article:

1.

Addition of uses different from those included in the preliminary plan.

2.

For nonresidential development, any increase greater than five percent in the total square footage of all buildings, or any increase in the height or number of buildings.

3.

For residential development, any increase in number of dwelling units above the maximum number authorized in the preliminary development plan approval.

4.

Any other change deemed by the planning commission to be substantially inconsistent with the previously approved preliminary development plan.

(3)

Conditions may be imposed on final PUD approval in the same manner as provided by section 78-458.

(4)

Performance guarantees to assure compliance with an approved final development plan and conditions of final PUD approval may be required by the planning commission as authorized under section 16f of the Zoning Enabling Act. The performance guarantee may consist of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond, in a form acceptable to the township, covering the estimated costs of improvements associated with the PUD. The performance guarantee shall be deposited with the township clerk at the time of issuance of the permit authorizing the improvement activity or project. If requested by the depositor, the township shall rebate a proportional share of any cash deposit, based on the percentage of work completed on the date of the request for the rebate, as attested to by the depositor and verified by the building inspector.

(5)

The planning commission shall prepare a written report stating its conclusions on the request for approval, the basis for its decision, and any conditions relating to an affirmative decision.

(Ord. No. O-062695-1, § 17(16.06), 6-26-1995; Ord. No. O-041403-1, § 10, 4-24-2003)