(a)

Minimum requirements. The regulations established in this article within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare, and shall be uniform for each class of land, buildings, structures, or uses throughout each district. Wherever the requirements of this chapter are at variance with the requirements of any other adopted rules or regulations, ordinances, deed restrictions, or covenants, the most restrictive or those imposing the higher standards shall govern.

(b)

Scope of regulations.

(1)

Except as otherwise may be provided in article II, division 6, Zoning Board of Appeals, every building or structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of an existing building or structure, and every enlargement of or addition to an existing use, building, or structure occurring after December 13, 1976, shall comply with all regulations which are applicable in the zoning district in which such use, building, or structure shall be located.

(2)

No part of a yard or other open space, off-street parking or loading space required about or connected with any use, building, or structure for the purpose of complying with this chapter shall be included in the yard, open space, off-street parking or loading space similarly required for any other use, building, or structure.

(3)

No yard or lot existing on December 13, 1976, shall be reduced in dimensions or area below the minimum requirements set forth in this article. Yards or lots created after December 13, 1976, shall meet the minimum requirements established in this article. No off-street parking or loading areas shall be reduced below the required size or number of spaces.

(4)

Nonconforming lots of record may be utilized as set forth in section 74-217, nonconforming lots of record.

(c)

Permitted uses. Uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts. All other uses shall be prohibited unless approved as a conditional use in accordance with subsection 74-426(e).

(d)

Accessory uses and buildings or structures. Where a lot is devoted to a permitted principal use or a permitted conditional use, accessory uses are permitted as listed in the applicable zoning district. In all districts, accessory buildings may not be used for dwelling purposes.

Accessory uses and buildings or structures (collectively "structures" unless otherwise specified) shall be subject to the following regulations:

(1)

No accessory structure shall be used prior to the principal structure or use, except as a construction facility for the principal structure.

(2)

Accessory structures shall be supplemental and subordinate to the principal use and structure on a parcel of land, and shall be on the same parcel of land as the principal use or structure they serve.

(3)

The floor area of an accessory building shall be included in the floor area used to calculate ground floor coverage and floor area ratio.

(4)

In any zoning district other than R-1 or R-1A, the floor area of an accessory building or structure shall not exceed the area of the principal building's ground floor. For this standard, the area of the principal building's ground floor shall not include an attached garage.

(5)

Attached structures. Where the accessory structure is structurally attached to the principal structure, it shall be subject to, and must conform to, all regulations of this chapter applicable to the principal structure.

(6)

Detached structures. Where the accessory structure is not structurally attached to the principal structure:

a.

Number: There is no limit on the number of detached accessory structures on a lot or parcel (collectively "lot"). However, accessory buildings are counted toward the maximum ground floor coverage and floor area ratio on a lot.

b.

Location:

1.

In any zoning district, a detached accessory structure shall be located at least ten feet from any other principal or accessory building.

2.

In any rural district (R-C, A-1, and A-R) accessory structures shall not be located within any minimum required yard setback for the zoning district, as listed in Sec. 74-501, except for farm markets/roadside stands, as described in (d)(7) below.

3.

In any rural residential district (R-1, and R-1A), suburban residential district (R-2), and urban residential district (R-3A, R-3, R-4, R-5, R-6, R-7, R-8 and R-9), accessory structures shall not be located in front of the rear line of the principal building or, in the case of a corner lot, in the required corner side yard. If an accessory structure is 100 square feet or less in floor area, it shall not be located less than five feet from an interior side or rear property line. If an accessory structure is greater than 100 square feet in floor area, it shall comply with all setback regulations of the district in which it is located, as listed in sections 74-502 through 74-503.

4.

In any business or industrial district, an accessory structure shall comply with all regulations of the district in which located, as listed in sections 74-504 through 74-505.

c.

Size: Accessory buildings are subject to the following size requirements.

1.

Total area: In any residential district, the combined area of the ground floor of all detached accessory buildings on a lot shall not exceed the following maximums:

i.

For lots greater than three acres in size, ten percent of the total lot area, or up to 10,000 s.f., whichever is less.

ii.

For lots greater than two acres and up to and including three acres in size, up to 4,000 s.f.

iii.

For lots up to and including two acres in size, up to 1,000 s.f.

iv.

Accessory structures that do not meet the definition of a "building," shall not be subject to the total area size requirements listed in c.(1) above.

v.

Accessory structures that are for farm operations (such as barns, silos, farm markets) are not subject to the total area size requirements listed in c.(1) above.

2.

In any rural district (R-C, A-1 and A-R), and in any rural residential district, (R-1, and R-1A), suburban residential district (R-2), and urban residential district (R-3A, R-3, R-4, R-5, R-6, R-7, R-8 and R-9), accessory structures shall not exceed 15 feet in height. An accessory structure may exceed this height by a maximum of five feet as long as the structure is set back one foot further from the property line than the minimum setback for every one foot of additional height.

3.

In any business or industrial district, any accessory use or structure shall comply with all regulations of the district in which located, as listed in sections 74-504 through 74-505.

4.

In any rural district (R-C, A-1 and A-R), farm structures used as part of a farming operation, as defined, shall not exceed 75 feet in height.

d.

Zoning Compliance Certificate: An accessory structure 100 square feet or less does not require a building permit, but does require a zoning compliance certificate from the Building Official, or their designee.

(7)

Farm markets/roadside stands may be located within the required yard setback as long as the farm market/roadside stand complies with all of the following:

a.

Meets the definition of a farm market/roadside stand under section 74-2 and the GAAMPS for farm markets; and

b.

Has a maximum floor area of any structure or building of 100 square feet or less; and

c.

Is located outside of any road right-of-way; and

d.

Conforms to the provisions of section 74-8, visibility at intersections.

(8)

Refer to section 74-618 regarding small-scale SES.

(9)

Refer to section 74-9 regarding home occupations.

(e)

Conditional uses. Conditional uses are permitted as listed in the various zoning districts and if the required conditions are met. The required conditions are set forth in division 3 of article II of this chapter. Additional requirements for certain conditional uses are set forth in article V of this chapter. A conditional use not specifically listed in the schedule of use restrictions for a district (division 2 of this article) may be approved by the Township Board for a particular location within a district in accordance with subsection 74-426(i), and the requirements of article II, division 3 of this chapter being section 74-131 et seq.

(f)

Yard measurements. Yards shall be measured from the exterior faces of a structure to lot lines. Yards shall be measured from the outer edge of a roof overhang or cornice less two feet, if the roof overhang or cornice extends more than two feet from the exterior face of the structure. Front and corner side yards shall be measured from existing right-of-way lines. All required yards shall be located parallel and adjacent to property lines. All required yards shall be measured from the right-of-way line of a public street, or from the right-of-way or easement line of a private street.

(g)

Exemptions from area, placement, and height regulations.

(1)

The following structures may be located anywhere on any lot: open and unroofed terraces, patios, porches and steps; awnings; flag poles; hydrants; laundry drying equipment; trellises; recreation equipment; outdoor cooking equipment; sidewalks and private driveways; trees, plants, shrubs, and hedges; ; mailboxes; and light poles. Anything constructed, erected, placed, or planted or allowed to grow, shall conform to the provisions of section 74-8, Visibility at intersections.

(2)

The following structures and appurtenances shall be exempt from the height regulations of this chapter: spires, belfries, penthouses and domes, chimneys, ventilators, skylights, water tanks, bulkheads, public utility transmission and distribution lines and related structures, radio and television broadcasting and receiving antennae, silos, parapets, and other appurtenances usually required to be placed above roof level and not intended for human occupancy.

(3)

An entrance structure, including, but not limited to, walls, columns, or gates, may be placed in a subdivision, mobile home park, apartment, or other residential development without regard to yard requirements provided that the location of such a structure shall be approved by the Planning Commission before a building permit shall be issued. The location of such a structure shall conform to the provisions of section 74-8, visibility of intersections. Signs identifying the development by name and address may be mounted on an entry structure or made a structural part thereof, provided that such signs shall conform to all sign regulations, except yard regulations, of the district in which located, and to the provisions of article IX of this chapter, sign regulations.

(h)

Access roads. No road or driveway shall be located in any yard, transition strip, or landscape strip required by this article, except to cross such a yard or strip, in a more or less perpendicular direction, for the purpose of providing vehicular access to the property from an adjacent street.

(i)

Uses not specifically included in a district.

(1)

In conjunction with an application for a conditional use permit submitted under section 74-131 et seq. and pursuant to a request submitted under subsection (4) below, the Township Board may approve a conditional use not specifically listed in the schedule of use restrictions (division 2 of this article) for a particular location if all of the following are met:

a.

The proposed conditional use is similar to, or a logical extension of, a permitted or conditional use specifically listed in the schedule of use restrictions for the district;

b.

The proposed conditional use is not specifically listed as a permitted or conditional use in any other zoning district; and

c.

The Planning Commission recommends approval of a request for such proposed conditional use after a public hearing in accordance with paragraph (4) below.

(2)

In evaluating a request for a proposed conditional use, the Planning Commission shall consider specific characteristics of the use in question and compare such characteristics with the characteristics of uses expressly permitted or allowed as a conditional use in the district, and the effect that the proposed conditional use at the particular location may have on (i) existing or future neighboring uses, persons, property or the public welfare; (ii) the natural environment, and existing and future land uses in the vicinity; (iii) availability of services of essential public facilities, and other standards described in section 74-136. Such characteristics shall include daily traffic generation and circulation, types of merchandise or service provided, types of goods produced, expected hours of operation, building characteristics, and the impact on natural resources, adjacent uses and community character.

(3)

The Planning Commission shall have the authority to recommend standards and conditions under which the proposed conditional use at the particular location may be included in a district, in addition to the standards and conditions described in division 3 of article II of this chapter.

(4)

A request for approval of a proposed conditional use at a particular location under this subsection 74-426(i) shall be submitted as a part of an application for a conditional use permit pertaining to such location pursuant to article II, division 3, of this chapter, 74-131 et seq. The applicant acknowledges by making such submission that its request for approval of the proposed conditional use for the location may be denied, that the conditional use permit application will thereupon be void, and that the costs associated with such application shall be borne solely by the applicant.

(Comp. Ords. 1990, § 130.1001; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 2-2008, 4-22-2008; Ord. No. 6-2012, 10-15-2012; Ord. No. 4-2019, 12-16-2019; Ord. No. 4-2024, 2-19-2024; Ord. No. 6-2024, 6-17-2024)

(a)

Rural districts.

(1)

Resource-conservation district (R-C). The value to the public of certain areas of the Township is derived from the natural condition and features of these areas. This chapter recognizes that the best use of such areas is the development, management, and utilization of the natural resource base possessed by these areas. In order that the natural resource development, management, and utilization of the natural resources may be maintained and encouraged, this zoning district is designed to preserve and enhance these natural amenities, such as woodlands, wetlands, and wildlife habitats. It is the intent of this district to permit those uses, buildings, and structures which can operate or be located in areas or natural amenities in a compatible manner and prohibit those uses, buildings, or structures which might detract from or injure or destroy these amenities. It is further the intent of this district to permit compatible uses, buildings, and structures only at a low density as an added guarantee of compatibility.

(2)

General agriculture district (A-1). This district is intended to protect and preserve areas of prime agricultural soils for continued agricultural uses. The district is intended to be located in the areas of the Township that are designated in the master plan for agricultural use. The regulations in this district are the minimum necessary to protect the open, rural character of the agricultural area from intrusion of urban and suburban uses, that is in turn necessary to permit continuation of agricultural operations. Rural residences are considered compatible with the intent of this district if developed at the low density provided in this district and in such a manner that they will not interfere with agricultural operations.

(3)

Agriculture-rural residential district (A-R). This district is intended to provide areas for rural residence and limited agricultural uses. The district is intended to be applied in the areas designated in the master plan for rural residential use at a density of 0.2 DU/acre or less. The regulations in this district are the minimum necessary to maintain a rural environment and permit limited agricultural activities on the same lots as residences. This district is intended to protect wooded areas, wetlands, wildlife habitats, and similar natural areas that might be endangered by development in the smaller lot sizes that are permitted in the suburban residential (R-2) district.

(b)

Rural residential districts.

(1)

Single-family rural residential district (R-1). This district is intended to provide areas for rural residence without the limited agricultural uses that are permitted in the A-R district. This district is intended to be applied in the areas designated in the master plan for rural residential use at a density of 0.2 to 0.5 DUs/acre. This district is intended to continue the three-acre minimum lot area that was established in previous Township zoning ordinances. It is intended to preserve a rural character and is to be used where soils are suitable for on-site water supply and wastewater treatment systems, and where public water and sanitary sewer services are not planned to be extended. This district is intended to protect wooded areas, wetlands, wildlife habitats, and similar natural areas that might be endangered by development at the higher densities permitted in the suburban residential (R-2) district.

(2)

Single-family rural residential district (R-1A). This district has the same purposes as the R-1 district except it is intended to be used in areas in which a two-acre lot pattern has been established under previous zoning ordinances. It is not intended to be used in designated rural residential areas in which a two-acre minimum lot area pattern has not been established.

(3)

Single-family suburban residential district (R-2). The single-family suburban residential district (R-2) is intended to provide areas for single-family, nonfarm residences on lots of sufficient size to permit the use of on-site water supply and wastewater treatment systems. The district is intended to be applied to areas designated in the master plan for suburban residential use at a density of 0.5 to one DU/acre. This district is intended to be used in the parts of the areas described in subsection (b)(1) and (2) of this section that do not have natural features that would be endangered by development at the density permitted in this district.

(c)

Urban residential districts.

(1)

Single-family urban residential district (R-3A). This district is intended to provide single-family residential use at an urban density of development on one-half acre and larger lots, in areas designated in the master plan for urban residential use at a density of one to two DUs/acre. This district is intended to be used only in those areas in which public water and sanitary sewer services are available.

(2)

Single-family urban residential district (R-3). This district is intended to provide single-family residential areas of an urban character on lots 10,000 square feet and larger, in areas designated in the master plan for urban residential use at a density of two to four DUs/acre. The district is intended to be used only in those areas in which public water and sanitary sewer services are available.

(3)

Single-family urban residential district (R-4). This district is intended to provide single-family residential areas of an urban character on lots of 7,200 square feet and larger in area, in areas designated in the master plan for urban residential use at a density of two to four DUs/acre. This district is intended to be used in those parts of the areas described in subsection (c)(2) of this section in which the established lot pattern is less than the 10,000-square-foot minimum area required in the R-3 district, or in which a transition is to be made to higher density residential use on neighboring properties. The district is intended to be used only in areas in which public water and sanitary sewer services are available.

(4)

Two-family urban residential district (R-5). This district is intended to provide areas for two single-family dwelling units that are attached to each other and that occupy a common lot. It is intended to be used in areas designated in the master plan for urban residential use at a density of four to six DUs/acre, and only in areas in which public water and sanitary sewer services are available. The district is intended to create residences that have the appearance of single-family dwellings. This district is intended to be similar to the R-4 district except for the different type of dwelling unit and the slightly higher density that is achievable by attaching two dwelling units on one lot. This district may be used as a transition area between single-family and higher density residential areas, and in some situations, between single-family residential and nonresidential areas.

(5)

Mobile home park residential district (R-6). This district is intended to provide areas for development of mobile home parks with the character of residential neighborhoods. The district is intended to be applied in areas designated in the master plan for urban residential use at a density of four to six DUs/acre, and only in areas in which public water and sanitary sewer are available. It is the intent of this district that mobile homes be considered and regulated as single-family dwellings that deserve and require locations, services, and facilities similar to other types of residences developed at urban densities.

(6)

Low density multiple-family residential district (R-7). This district is intended to provide for single-family attached dwellings and low density multiple-family dwelling units at densities up to six DUs/acre. It is intended to be applied in areas designated in the master plan for urban residential use at a density of up to six DUs/acre, and only in areas in which public water and sanitary sewer services are available.

(7)

Moderate density multiple-family residential district (R-8). This district is the same as the R-7 district except with densities of more than six DUs/acre and is designated in the master plan for urban residential use at density above six DUs/acre.

(8)

High density urban residential district (R-9). This district is intended to provide areas for multiple-family dwellings in apartment-type buildings. It is intended to be applied in areas designated in the master plan for urban residential use at a density of over six DUs/acre and only in areas currently developed with this use and density as of the date of adoption of this amendment. The district is not intended to be applied to any undeveloped area in the Township.

(d)

Business districts.

(1)

Convenience commercial district (C-1). This district is established to provide suitable locations for retail, service, and office enterprises which serve a localized market area. Goods and services to be provided by establishments in this district are classified as "convenience," as distinguished from "comparison" goods and services, because they serve the day to day needs of a neighborhood or group of neighborhoods. With the exception of supermarkets, establishments in this district will generally be small in floor and site area. The district is intended to be applied in areas designated for such use in the master plan and only in areas in which public water and sanitary sewer services are available.

(2)

Office district (O). This district is intended for areas which are not considered suitable for other commercial uses permitted in the C-1 district but which are considered desirable locations for office activities. It is intended for those office activities which are not a part of other commercial or industrial operations or which can be physically separated therefrom. The district may be used as a transition area between residential areas and commercial or industrial areas. The district is intended to be applied in areas designated for such use in the master plan and only in areas in which public water and sanitary sewer services are available.

(e)

Industrial districts.

(1)

Research and development district (R-D). This district is intended for research facilities and activities to serve the needs of commerce, industry, science, and education. Offices and prototype manufacturing operations in support of, and incidental to, research activities are considered acceptable in this district. The principal characteristics of this district are a low density of land coverage and a minimum of noise, smoke, dust, dirt, gases, offensive odors, heat, glare and other environmental disturbances. The district is intended to be applied in areas designated in the master plan for research uses and only in areas in which public water and sanitary sewer services are available.

(2)

Limited industrial district (I-1).

a.

This district is intended to provide areas for light types of manufacturing industrial operations and facilities, and wholesale and warehouse operations and their related offices and limited accessory retail sales activities, where storage of products or equipment and wholesale sales thereof are the primary use of the building. The district is designed to create a low-density development, with spacious yards to provide attractive settings as well as to help ensure compatibility with nonindustrial neighboring lots. This district is intended to permit only those uses that emit a negligible amount of noise, vibration, smoke, dust and dirt, gases or offensive odors, glare, and radiation. The district is also intended for operations which store materials, supplies, products, equipment, and refuse within buildings; outdoor storage is not intended for this district.

b.

Uses which involve the storage or handling of explosive or highly inflammable gases or liquids, or uses which are required by the Michigan Department of Environmental Quality to provide industrial pretreatment of wastewater, are not permitted in this district.

c.

This district is intended to be applied in areas designated for industrial use in the master plan.

d.

This district is intended to be applied to lands owned by the Township, County, State or other public agencies.

(f)

Public lands district. This district is intended to be applied to lands owned by the Township, County, State or other public agencies.

(g)

Special districts.

(1)

Planned unit development district (PUD). The PUD district is also regulated in section 74-542 and has the following purposes:

a.

To further the public health, safety, and general welfare in an era of increasing urbanization and of growing demand for housing of all types and design;

b.

To provide for necessary commercial, educational, and recreational facilities conveniently located to such housing;

c.

To encourage innovations in residential and commercial development so that the demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings so that greater opportunities for better housing, recreation, and shops conveniently located to each other may extend to all citizens and residents of this Township;

d.

To develop more stable communities by providing a variety and balance of housing types and living environments;

e.

To encourage provision of open spaces and to protect and preserve natural features by incorporating same into the design of the PUD;

f.

To encourage flexibility and more efficient use of land and of public services, or private services in lieu thereof;

g.

To reflect changes in the technology of land development so that resulting economies may occur to the benefit of those who need homes;

h.

To lessen the burden of traffic on streets and highways;

i.

To encourage development which will incorporate the best features of modern design; and, in aid of these purposes, to provide a procedure which can relate the type, design, and layout of residential and commercial development to the particular site and particular demand for housing and other facilities including the foregoing at the time of development in a manner consistent with the preservation of the property values within established residential areas; and

j.

To ensure that the increased flexibility of substantive regulations over land development authorized in this district is subject to proper administrative standards and procedures.

(2)

Open space preservation residential district.

a.

It is the intent of this district to provide residential development that results in an enhanced living environment through the preservation of natural features, agriculture, and rural landscape, and to offer an alternative to traditional subdivisions through the use of planned unit development legislation as authorized by the Zoning Enabling Act (MCL 125.3101 et seq.) for the purpose of:

1.

Assuring the permanent preservation of open spaces, scenic vistas, agricultural lands, and natural features;

2.

Encouraging a less sprawling form of development, thus preserving open space as undeveloped land;

3.

Preserving contiguous open spaces and natural features;

4.

Allowing innovation and greater flexibility in the design of rural residential developments;

5.

Facilitating the construction and maintenance of streets, utilities, and public services in rural residential developments in a more economical and efficient manner; and

6.

Ensuring compatibility of design and use between neighboring properties.

b.

These regulations are intended to preserve open spaces, natural features, agricultural lands and traditional rural character in the Township through the creation of small rural residential clusters mixed with open space, farmland and less intensive land uses. The regions of the Township for which this zoning district applies are areas defined in the Township Master Plan for open space preservation. In these areas, development may occur only by one of the two following methods: under the existing zoning of the property or under the open space preservation residential district described in this article (OSPD).

(3)

Open space preservation community.

a.

The intent of the open space preservation community land use option is to provide residential development that results in an enhanced living environment through the preservation of natural features, agriculture, and rural landscape, and, in compliance with section 506 of the Michigan Zoning Enabling Act (MCL 125.3506), to offer an alternative to traditional subdivisions for the purpose of:

1.

Assuring the permanent preservation of open spaces, scenic vistas, agricultural lands, and natural features;

2.

Encouraging a less sprawling form of development, thus preserving open space as undeveloped land;

3.

Preserving contiguous open spaces and natural features;

4.

Allowing innovation and greater flexibility in the design of residential developments;

5.

Facilitating the construction and maintenance of streets, utilities, and public services in residential developments in a more economical and efficient manner; and

6.

Ensuring compatibility of design and use between neighboring properties.

b.

These regulations are intended to preserve open spaces, natural features, agricultural lands and traditional rural character in the Township through the creation of residential clusters mixed with open space, farmland and less intensive land uses.

(4)

Research and research applications district (RRA). This district is intended to achieve the following objectives:

a.

To permit scientific, business, and industrial research operations, and related testing and production operations, in a spacious, campus-type environment devoid of nuisance factors commonly present in standard manufacturing districts;

b.

To permit production operations which, because of the nature of the technology involved, are so related to the research operations in the district as to make the research and production activities mutually dependent; or which are developmental in nature and are substantially dependent on frequent and close collaboration with research personnel working in research facilities in the district;

c.

To permit and encourage uses which support and complement permitted principal uses, or are vital to such uses and must be located close to them;

d.

To protect existing and planned uses in the vicinity of this district from spillover effects which might be created by uses in the district;

e.

To permit development in a planned, coordinated manner, according to an overall development plan for the district;

f.

To provide facilities and services necessary for the health, safety, welfare and convenience of employees, customers, and visitors in the district;

g.

To encourage provisions of open space within the district, and to preserve natural features by incorporating them into the plan for the district;

h.

To help diversify the local economy, reduce unemployment, and expand the tax base of the Township;

i.

To prevent uses in the district from creating any dangerous, injurious, noxious or otherwise objectionable condition which might result from fire, explosion or radioactivity, noise or vibration; water or soil pollution; smoke, dust, odor, or other forms of air pollution; electrical materials; conditions conducive to the breeding of rodents or insects; or from any other substance, condition, or elements in a manner or amount as to adversely affect other uses in the district or in neighboring areas.

(5)

Office park district (OP). This district is intended to achieve the following objectives:

a.

To permit offices in a low density, spacious, campus environment;

b.

To permit and encourage uses that support and complement the principal uses that are permitted in this district, or are vital to such uses and must be located close to them;

c.

To protect existing and future uses in the vicinity of this district from spillover effects that might be created by uses in this district;

d.

To permit development in a planned, coordinated manner, according to an overall development plan for the district;

e.

To provide facilities and services that are necessary for the health, safety, welfare, and convenience of employees, customers, and visitors in an office park;

f.

To encourage provision of open space and preservation of natural features in an office park;

g.

To help diversify the local economy, expand employment opportunities and expand the tax base of the Township.

(Comp. Ords. 1990, §§ 130.1001, 130.1002; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 2-02, 2-4-2002; Ord. No. 7-02, 11-18-2002; Ord. No. 5-2005, 7-18-2005; Ord. No. 4-2007, 3-19-2007; Ord. No. 5-2017, 11-20-2017)

The following uses are permitted in rural districts:

P = Permitted use

C = Conditional use

A = Accessory use

¹   These uses are not allowed as permitted, conditional, or accessory uses in the areas designated in the Township Master Plan for agricultural production or open space preservation.

²   Provided that there shall be no storage of materials, equipment, vehicle, or supplies on the premises, except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises; and provided that the structures shall be located, designed, constructed, and landscaped in such a manner as to conform to the character of the surrounding area and the zoning district in which located.

³   See article VI of this chapter, wireless communications facilities. Conditional use in A-1 only in areas not designated as residential under the Township's Master Plan. Conditional use in R-C only within 100 feet of a limited access highway.

⁴   Keeping of Class I animals, Class II animals and Class III animals in residential districts shall be subject to the regulations established in section 74-607.

⁵   Concentrated animal feeding operations (CAFOs) (as defined in Mich Admin Code, R 323.2102(i)) and farm operations in connection with sod crops, in each case that fail to operate in compliance with applicable generally accepted agricultural and management practices, as defined in the Michigan Right to Farm Act, MCL 286.471 et seq., as may be amended from time to time, are not permitted uses in the Township.

⁶   Category A home occupations may occupy any dwelling unit, attached accessory structure, or detached accessory structure. Category B home occupations may occupy a single-family or two-family dwelling unit, or an attached accessory structure to a single-family or two-family dwelling unit if a permit is obtained, per Sec. 74-9.

* See supplementary district regulation section 74-608.

** See supplementary district regulation section 74-609.

*** See supplementary district regulation section 74-610.

**** See section 74-613 for supplemental regulations.

^†  See supplementary district regulations section 74-611.

^‡  See supplementary district regulations section 74-612.

(Comp. Ords. 1990, § 130.1003A; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 2-2005, 4-18-2005; Ord. No. 10-2010, 12-20-2010; Ord. No. 7-2012, 10-15-2012; Ord. No. 2-2013, 6-17-2013; Ord. No. 4-2016, 10-17-2016; Ord. No. 3-2017, 6-19-2017; Ord. No. 5-2017, 11-20-2017; Ord. No. 4-2019, 12-16-2019; Ord. No. 3-2024, 2-19-2024; Ord. No. 4-2024, 2-19-2024)

The following uses are permitted in rural and suburban residential districts:

P = Permitted use

C = Conditional use

A = Accessory use

¹   Provided that there shall be no storage of materials, equipment, vehicle, or supplies on the premises except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises; and provided that the structures shall be located, designed, constructed, and landscaped in such a manner as to conform to the character of the surrounding area and the zoning district in which located.

²   Keeping of Class I animals, Class II animals and Class III animals shall be subject to the regulations established in section 74-607.

³   Category A home occupations may occupy any dwelling unit, attached accessory structure, or detached accessory structure. Category B home occupations may occupy a single-family or two-family dwelling unit, or an attached accessory structure to a single-family or two-family dwelling unit if a permit is obtained, per section 74-9.

* See section 74-613 for supplemental regulations.

(Comp. Ords. 1990, § 130.1003B; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. of 4-3-1995; Ord. No. 10-2010, 12-20-2010; Ord. No. 4-2016, 10-17-2016; Ord. No. 3-2017, 6-19-2017; Ord. No. 5-2017, 11-20-2017; Ord. No. 4-2019, 12-16-2019; Ord. No. 3-2024, 2-19-2024; Ord. No. 4-2024, 2-19-2024)

The following uses are permitted in the urban residential districts:

P = Permitted use

C = Conditional use

A = Accessory use

¹   Additional regulations for group foster care homes are set forth in section 74-599.

²   Category A home occupations may occupy any dwelling unit, attached accessory structure, or detached accessory structure. Category B home occupations may occupy a single-family or two-family dwelling unit, or an attached accessory structure to a single-family or two-family dwelling unit if a permit is obtained, per section 74-9.

³   Additional regulations for mobile home parks are provided in section 74-593. Certain commercial and service uses are permitted as conditional uses in a mobile home park, as provided in section 74-593(b).

⁴   Single-family residences in the R-5, R-6, R-7, R-8 and R-9 districts shall conform to all regulations of the R-4 district. Two-family residences in the R-7, R-8 and R-9 districts shall conform to all regulations of the R-5 district.

⁵   Provided that there shall be no storage of materials, equipment, vehicles, or other supplies on the premises, except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises, and provided that the structure shall be located, designed, constructed and landscaped in such manner as to conform to the character of the surrounding area and the zoning district in which located.

⁶   Keeping of Class I animals and Class III animals shall be subject to the regulations established in section 74-607, including for Class III animals the minimum acreage requirement set forth in 74-607 (c)(1). Keeping of Class II animals is not permitted in urban residential districts.

(Comp. Ords. 1990, § 130.1003C; Ord. of 4-14-1986; Ord. of 3-21-1994; Ord. No. 10-2010, 12-20-2010; Ord. No. 3-2017, 6-19-2017; Ord. No. 5-2017, 11-20-2017; Ord. No. 4-2019, 12-16-2019; Ord. No. 3-2024, 2-19-2024; Ord. No. 4-2024, 2-19-2024)

The following uses are permitted in business districts:

P = Permitted use

C = Conditional use

A = Accessory use

¹   Whenever uses permitted in the above districts involve the preparation or manufacture of goods for sale, such goods shall be sold only on the premises and only at retail.

²   A laundry or dry cleaning establishment is for local service only and no work shall be received from dry cleaning pickup stations or other laundry or dry cleaning plants. Wholesaling and subcontracting in connection with laundering and dry cleaning shall be prohibited in the business districts. (Such operations are permitted in the industrial district.)

(Comp. Ords. 1990, § 130.1003D; Amd. of 11-6-1995; Amd. of 1-20-1997; Ord. No. 3-2017, 6-19-2017; Ord. No. 5-2017, 11-20-2017; Ord. No. 4-2019, 12-16-2019)

The following uses are permitted in industrial districts:

P = Permitted use

C = Conditional use

A = Accessory use

* See section 74-613 for supplemental regulations.

(Comp. Ords. 1990, § 130.1003E; Ord. of 1-27-1997; Ord. No. 5-2007, 3-19-2007; Ord. No. 4-2016, 10-17-2016; Ord. No. 4-2019, 12-16-2019)

The following table contains regulations for rural districts:

¹   Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this section.

²   Except for household pets, the rearing and housing of farm animals is prohibited on areas of less than ten acres, provided, however, that the Board of Appeals may grant permission to rear and house farm animals, other than pigs, for noncommercial purposes, on areas of two or more acres for limited periods of time.

³   See section 74-595 for setback requirements along arterial roads and highways.

⁴   Where livestock is raised or kept, any structure for housing of livestock, and any storage of hay, feed, or manure, shall be located not less than 50 feet from any property line.

⁵   The maximum height of farm structures shall be 75 feet. See section 74-426(g) for waiver of height regulations for certain structures.

(Comp. Ords. 1990, § 130.1004A; Ord. of 3-21-1994)

The following table contains regulations for rural and suburban residential districts:

¹   Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this section.

²   See section 74-595 for setback requirements along arterial roads and highways.

(Comp. Ords. 1990, § 130.1004B; Ord. of 9-17-1990; Ord. of 3-21-1994)

The following table contains regulations for urban residential districts:

¹   Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this section.

²   The minimum lot area shall apply to the parcel that comprises the mobile home park.

³   Minimum distances between two or more multiple-family dwellings on a lot are set forth in section 74-598.

⁴   The minimum lot area per dwelling unit shall be the minimum required area of each mobile home site in a mobile home park. The minimum lot area per dwelling unit shall not include land area within rights-of-way of public streets; surface area of lake, ponds or wetlands; land within a 100-year flood way; or land within easements more than 20 feet wide.

⁵   The minimum width of 200 feet applies to the parcel of land that comprises a mobile home park and shall be measured along any public street on which the mobile home park abuts. The minimum frontage of each mobile home site on a street within the mobile home park shall be 20 feet.

⁶   See section 74-595 for setback requirements along arterial roads and highways.

⁷   The yard requirement shall apply only to the parcel that comprises the mobile home park and to principal nonresidential structures in the mobile home park.

(Comp. Ords. 1990, § 130.1004C; Ord. of 4-14-1986; Ord. of 9-17-1990; Ord. of 3-21-1994)

The following table contains regulations for business districts:

¹   Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this section.

²   See section 74-595 for setback requirements along arterial roads and highways.

³   A transition strip shall be required whenever any lot in a business district abuts a lot in any rural or residential district. Such a strip shall be provided along every lot line, except front lot lines, which abuts a lot in such district, shall not be included as part of the required yard, and shall be improved with a screen, wall, hedge or shrubbery which will reach a height of four feet one year after planting. The strip shall be maintained in good condition. The Planning Commission shall have the authority to change the nature of, or reduce the required width of, or to waive completely, the requirement of a transition strip because of a probable change in land use or zoning of adjacent properties. Such determinations and reasons therefor shall be recorded in the minutes of the meeting at which the action is taken. Such transition strip shall comply with the requirements of section 74-586 of this chapter.

⁴   The landscape strip shall be provided along and adjacent to the front property line and shall extend across the entire width of the lot. Driveways may cross the strip but shall not occupy the strip.

(Comp. Ords. 1990, § 130.1004D; Ord. No. 4-2021, 3-15-2021)

The following table contains regulations for industrial districts:

¹   Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this section.

²   See section 74-595 for setback requirements along arterial roads and highways.

³   A transition strip shall be required whenever any lot in a business district abuts a lot in any rural or residential district. Such a strip shall be provided along every lot line, except front lot lines, which abuts a lot in such district, shall not be included as part of the required yard, and shall be improved with a screen, wall, hedge or shrubbery which will reach a height of four feet one year after planting. The strip shall be maintained in good condition. The Planning Commission shall have the authority to change the nature of, or reduce the required width of, or to waive completely, the requirement of a transition strip because of a probable change in land use or zoning of adjacent properties. Such determinations and reasons therefor shall be recorded in the minutes of the meeting at which the action is taken. Such transition strip shall comply with the requirements of section 74-586.

⁴   The landscape strip shall be provided along and adjacent to the front property line and shall extend across the entire width of the lot. Driveways may cross the strip but shall not occupy the strip.

(Comp. Ords. 1990, § 130.1004E; Ord. of 3-21-1994)

(a)

Permitted principal uses. The following uses are permitted principal uses in the public lands district:

(1)

College, university;

(2)

Conservation area;

(3)

Forest preserve;

(4)

Game refuge;

(5)

Government buildings;

(6)

Library, museum;

(7)

Police, fire stations;

(8)

Primary, secondary school;

(9)

Public park.

(b)

Permitted accessory uses.

(1)

Small-Scale SES.

(c)

Permitted conditional uses. The following uses are permitted conditional uses in the public lands district:

(1)

Camping area, recreational vehicle park;

(2)

Country club;

(3)

Hunting preserve;

(4)

Swimming pool;

(5)

Public services and related buildings, structures and facilities such as a public wastewater treatment plant or a public water treatment facility;

(6)

Large-scale SES.

(d)

Area, placement, and height regulations. These regulations shall be the same as provided in section 74-501, R-C district.

(e)

Signs. Signs in public lands shall comply with the regulations in article IX of this chapter except that the following regulations shall apply notwithstanding the provisions of article IX:

(1)

Each road entry to a property in this district may have one freestanding identification sign. Such sign shall not exceed 80 square feet in area, and may be located in a required yard, but not less than one-half the required setback from a street or property line.

(2)

One freestanding identification sign, or one wall sign, not more than 36 square feet in area, shall be permitted for each building, structure or use area of a property in this district.

(3)

Wall signs shall not extend above the top edge of the wall.

(4)

The top of all freestanding signs shall not exceed eight feet above grade. Sign height and placement shall not obstruct the view of vehicular or pedestrian traffic.

(5)

Billboards/outdoor advertising signs shall not be permitted in this district.

(6)

For any parcel or contiguous parcels in a public land district containing ten or more occupied buildings under one ownership, building entrance signs and wall signs for the purpose of identifying a building shall not exceed 55 square feet in area.

(7)

For any parcel or contiguous parcels in a public land district containing ten or more occupied buildings under one ownership, directional signs within the district shall not exceed 25 square feet in area.

(Ord. No. 1-2004, 1-19-2004; Ord. No. 12-2007, 11-19-2007; Ord. No. 4-2019, 12-16-2019)

(a)

Location of a PUD. A PUD shall be located in areas of the Township that are determined by the Township Board to be suitable and desirable for such development, upon recommendation by the Planning Commission. In making its recommendation, the Planning Commission shall find that the location of a proposed PUD is consistent with Township policy, as expressed in the master plan, or represents land use policy that is a local and acceptable change in adopted policy.

(b)

District regulations.

(1)

General. All uses, structures, and properties shall comply with all regulations in divisions 1—3 of this article, district regulations, and with all other regulations and requirements of this chapter, except as provided in this section.

(2)

Minimum lot area. The minimum lot area to be developed under the regulations of this section shall be 20 acres; provided, however, that the minimum lot area may be waived by the Township Board if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wetlands or poor soil conditions on portions of the property, watercourses or utility easements crossing the parcel, unusual shape or proportions, and isolation from other undeveloped or developable lands. In such case, the applicant shall submit information to the Township Board to support the request for a waiver of the minimum lot size requirements. The Township Board shall consider the request and act thereon, and shall inform the applicant of the action in writing. The request for a waiver and the Township Board's action shall be made prior to the applicant's submittal of an application for a PUD district classification. The Township Board shall not consider any request for a waiver in the 20-acre minimum until it has received a recommendation from the Planning Commission on such request.

(3)

Permitted uses.

a.

Uses permitted in a PUD district shall be consistent with the uses designated in the master plan.

b.

A residential area, designated on an area plan or final site plan, may contain one or more types of dwelling units, provided that such combination of dwelling unit types will not interfere with the orderly and reasonable platting of an area, if such area is to be platted.

c.

Multiple-family dwelling units may be located in buildings containing, or intended to contain, commercial and/or office activities, provided that commercial uses shall be permitted only on the first, ground, or main floor, however defined. Dwelling units shall not be permitted on any floor on which commercial and/or offices are located or intended to be located.

d.

Home occupations shall not be permitted in any dwelling unit, including a mobile home unit, other than a single-family detached dwelling unit. Each such dwelling unit shall be subject to the home occupation regulations in section 74-9.

(4)

Density regulations.

a.

The maximum permitted residential density for a PUD district shall not exceed the average residential density for the area included in the PUD as shown on the Township's Master Plan.

b.

The maximum ground floor coverage (GFC) shall not exceed 20 percent.

c.

The maximum floor area ratio (FAR) shall not exceed 0.35.

d.

Land areas to be used in calculating gross densities, ground floor coverage, and floor areas as provided in this section shall each be delineated on the area plan, preliminary site plan, where applicable, and final site plan, so that the acreage and density computations can be confirmed.

e.

The land area used for calculating gross residential density shall include the total residential land area designated on the area plan or final site plan, less any area within existing and proposed street rights-of-way.

f.

The horizontal surface area of lakes, streams, ponds (natural, manmade, or stormwater retention), marshlands, and similar areas may be included in the acreage used for calculating gross residential density if 50 percent of the frontage of such areas are part of lands devoted to parks and open space used for and accessible by residents of the PUD.

g.

GFC and FAR calculations for residential structures shall be based upon the acreage designated for gross residential density. GFC and FAR calculations for nonresidential uses shall be based upon land areas including acreage for private drives, parking and loading areas, open spaces around structures, landscape areas, and similar areas, but not including acreage in existing public street rights-of-way.

h.

Land once used to provide acreage sufficient to meet density regulations in a project within a PUD shall not again be used to compute density in another project unless the gross and net densities, GFC, and FAR of the subject project and all previous projects are maintained at or less than the limits established in the approved area plan.

i.

The Planning Commission may exclude land with slopes of 15 percent or steeper from the gross residential land area if such land is not usable for residential or recreation/open space purposes.

j.

Top decks of underground parking structures may be included in the land area used in density calculations if such area is fully landscaped and is not used for circulation and parking of vehicles.

k.

The GFC and FAR for the PUD shall include assumed ground floor area and total floor area for the single-family detached dwelling units proposed in the PUD. Such assumed floor areas shall be listed in the required calculations.

(5)

Yards.

a.

A yard 50 feet wide shall be provided along the perimeter of the PUD district fronting on a public street.

b.

A yard 20 feet wide shall be provided along the perimeter of the PUD district not fronting on a public street. Such yard shall be designed and landscaped as a buffer strip; parking lots and driveways shall not be permitted in such yard, except that drives may cross such yard.

c.

A yard at least 35 feet wide shall be provided along the right-of-way of a major public collector street proposed within the PUD, and a yard 50 feet wide shall be provided along the right-of-way of a public arterial street proposed within the PUD.

d.

A landscaped yard at least ten feet wide shall be provided between a parking lot of five or more spaces and a property line within the PUD, and 20 feet from the perimeter property line of the PUD, except when adjacent to a public street right-of-way line, existing or proposed, in which case the preceding setbacks shall apply.

e.

A transition strip at least 20 feet wide shall be required in accordance with the provisions of section 74-586 on any commercial or office site when adjacent to a residential area, school site, park, and similar areas. Such strips shall be landscaped with trees, shrubs, mounds, ground covers, and other materials.

f.

The preceding yard requirements, except those in subsections (b)(5)a and b of this section, may be reduced or waived when approved by the Township Board upon recommendation of the Planning Commission. The reduction or waiver shall be justified by the applicant and shall be based upon findings that topographic conditions, existing trees and other vegetation, proposed land grading and plant materials, or other site conditions perform the same functions as the required yards. Such reductions or waivers shall be clearly shown on the approved area plan.

g.

All required yards shall be landscaped and adequately and permanently maintained by the property owner, tenant, or organization responsible for maintaining common areas as provided in subsection (h) of this section.

(6)

Distances between buildings.

a.

Any single-family dwelling structure shall be located at least ten feet from any other single-family dwelling structure unless structurally attached thereto.

b.

The location of buildings and uses and the distances between buildings shall be clearly shown on the area plan and shall control the development and continued use of the property.

c.

Distances between the buildings shall conform to the requirements of section 74-598.

(7)

Height. There are no height regulations in the PUD district, provided that any buildings exceeding a height of 2½ stories or 35 feet shall be approved as to specific height by the Township Board upon recommendation from the Planning Commission. Approval shall be based upon findings regarding light, air circulation, views, airport flight patterns, and recommendations from the Township Fire Chief regarding fire protection and safety.

(8)

Circulation and access.

a.

Each lot or principal building in a PUD district shall have vehicular access from a public street or from a private street approved by the Township Board, upon recommendation from the Planning Commission, as part of an area plan.

b.

Each lot or principal building in a PUD shall have pedestrian access by a public or private sidewalk, and bicycle access by a bicycle path, where determined by the Township Board to be necessary for public safety and convenience, upon recommendation of the Planning Commission.

c.

Standards of design and construction for a public street shall meet the requirements of, and be approved by, the county road commission. Standards of design and construction for a private street shall meet the requirements of article II, Private Roads, and be approved by the Township Board. However, the road design will be reviewed through the PUD process, and a separate private road permit is not required.

Standards of design and construction for public and private streets within the PUD may be modified as deemed appropriate to adequately provide the anticipated service required. Right-of-way standards may also be modified, especially where the area plan provides for the separation of pedestrian and vehicular patterns and adequate off-street parking facilities. Any modification of proposed public streets shall meet the approval of the county road commission.

d.

Public and private streets shall be designed and constructed according to established standards for public streets, except that such standards may be modified as provided in subsection (a)(8)c of this section. If, in the future, private streets in a PUD are to be dedicated to a public agency, the owners shall first fully agree to bear the full expense of reconstruction or any other action required to make streets suitable for public acceptance.

e.

An individual dwelling unit in any single-family, two-family townhouse, mobile home, or similar residential structure shall not have direct access to a collector or arterial street.

(9)

Utilities.

a.

Each principal building in a PUD district shall be connected to sanitary sewerage and water facilities as required in section 74-12.

b.

Each site in a PUD district shall be provided with adequate storm drainage. Open drainage courses and stormwater retention ponds may be permitted by the Township Board upon recommendation by the Planning Commission as part of the area plan.

c.

Electrical, telephone, and cable television lines shall be underground, provided, however, that distribution lines may be placed overhead after approval of the location of the lines and poles by the Township Board, upon recommendation of the Planning Commission as part of the area plan. Surface-mounted transformers and similar equipment for the underground wires shall be shown on the final site plan and shall be landscaped and screened from view.

(10)

Open space regulations.

a.

Buildings, parking lots, drives, and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited therefrom.

b.

Open space areas shall be conveniently and equitably located throughout the PUD in relation to the location of dwelling units and natural features.

c.

Open space areas shall have minimum dimensions which, in the Planning Commission's opinion, are usable for the functions intended and which will be maintainable.

d.

The Township Board may require, upon recommendation of the Planning Commission, that natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unique wildlife habitats, ponds, streams, and marshes be preserved as part of the open space system of the PUD.

(11)

Staging. Development within a PUD district may be staged as delineated on the approved area plan. Staging shall be subject to the following requirements:

a.

Any stage containing commercial and/or office uses shall have a residential land area containing at least three times the land area in the commercial/office use.

b.

A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrian access, adequate utility services, and open spaces and recreation facilities, and shall be capable of substantial occupancy, operation, and maintenance upon completion of construction and development of that phase.

c.

The Township Board, upon recommendation of the Planning Commission, may require that development be staged so that Township, school district, and county property tax revenues resulting from such development will generally balance the expenditures required by public agencies to properly service that development so that serious overloading of utility services and community facilities will not result, so that the various amenities and services necessary to provide a safe, convenient, and healthful residential environment will be available upon completion of any one phase. The Planning Commission may require the applicant to provide housing and commercial market analyses, traffic studies, and other information necessary for the commission to properly and adequately analyze a PUD project for recommendation to the Township Board with respect to this requirement.

d.

The Planning Commission may require, as part of a final site plan review of a stage, that land shown as common open space on the approved area plan be held in reserve as part of a stage to be developed, in order to guarantee that density limits for the entire PUD as shown on the approved area plan will not be exceeded when the subject phase is completed. Such reserved land may be included in subsequent phases if the density regulations will not be exceeded upon completion of that phase or if other land is similarly held in reserve.

e.

No building permits shall be issued for any commercial or office use in a PUD until building permits have been issued for at least 100 dwelling units or one-quarter of the total number of units in the approved area plan, whichever is less.

(12)

Parking and loading requirements. The parking and loading requirements set forth in article VIII of this chapter shall apply except that the number of spaces required may be reduced in a PUD if approved by the Township Board, upon recommendation of the Planning Commission, as part of the area plan. Such reduction shall be justified by the applicant and shall be based upon a finding that sufficient parking will be available through sharing of spaces by different uses, that the parking requirement is excessive for the type of use proposed, that walk-in trade for commercial centers will reduce parking demand, or similar factors.

(13)

Continuing applicability of regulations.

a.

The location of all uses and buildings, all mixtures and allocations of uses, all yards and transition strips, and all other information regarding use of properties as shown on or as part of an approved area plan, and an approved final site plan, shall have the full force and permanence of this chapter as though such regulations were specifically set forth in this chapter.

b.

Such statements shall be the continuing obligation of any subsequent interests in the PUD or parts thereof and shall not be changed or altered except as permitted in this article or except as approved through formal amendment procedures as set forth in this article. The approved plan and any documents attached thereto shall control any subsequent planning or development at any particular stage in the process.

c.

A parcel of land that has been classified as a PUD district by the Township Board shall not thereafter be developed or used except in accordance with the approved area plan and preliminary and final site plans approved subsequent thereto.

(14)

Construction. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued therefor, on a lot with or under application for a PUD classification, until the requirements of this section have been met.

(c)

Preapplication conference.

(1)

A potential applicant for a PUD district classification shall request a preapplication conference with Township officials prior to filing an application. The request shall be made to the Planning Commission chair, who shall set a date and shall inform the Township Supervisor, Township Clerk, and Township Treasurer, and other Planning Commission members of the conference and invite their attendance. The Planning Commission chair shall also invite other officials who might have an interest in the proposed development, or who might assist the Township in the review process, such as but not limited to Township consultants, county road commission engineer, county health department, county drain commissioner, and county planning staff.

(2)

The purpose of the meeting is to inform the Township and other officials of the concept of the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards, and requirements of the Township and other agencies in terms of the proposed development. To this end, the applicant is encouraged to present schematic plans, site data, and other information that will explain the proposed development.

(3)

Statements made in the conference shall not be legally binding commitments.

(d)

Area plan requirements.

(1)

Procedure for petition and area plan approvals.

a.

Application for a PUD district classification shall be for an amendment to the official zoning map and approval of an area plan. An application for a PUD district classification for a parcel of land may be made by the owner of record or by any person acting on behalf of the owner of record of the subject parcel. The applicant shall have a substantial interest in the subject property prior to filing for a PUD district classification; such filing shall be in the name of and signed by all owners. The applicant shall provide evidence of full ownership of all land in a PUD, such as legal title or execution of a binding sales agreement, prior to approval of the petition and area plan by the Township Board.

b.

The application shall be filed with the Township Clerk who shall transmit the petition and the area plan to the Planning Commission secretary. The application must be filed at least two weeks prior to the Planning Commission meeting at which it is first to be considered. Fees shall be paid to the Township Treasurer; no transmittals shall be made unless the required fees have been paid in full.

c.

Upon receipt of the petition and plan from the Township Clerk, the Planning Commission shall undertake a study of the same and shall complete its study within 135 days after the date on which the Planning Commission sets the public hearing described in subsection (d)(1)d. of this section. If additional information or analysis is required, the time limit for such report may be extended for up to an additional 135 days by the Planning Commission. The Planning Commission shall advise the applicant in writing of any recommended changes in the area plan as are needed to conform to the regulations and standards of this chapter.

d.

The Planning Commission shall establish a date for a public hearing on the petition after confirming that the petitioner has provided all information and paid all fees required by this chapter. The Township Clerk, as designee of the Planning Commission, shall give notice of the public hearing as required in section 74-61.

e.

At the public hearing the applicant shall present evidence regarding the following characteristics of the proposed development:

1.

General character and substance;

2.

Objectives and purpose to be served;

3.

Compliance with regulations and standards;

4.

Scale and scope of proposed development;

5.

Development schedules; and

6.

Compliance with the master plan of the Township.

The Planning Commission may require the petitioner to provide information at the public hearing concerning the economic feasibility of proposed uses, community impact, and environmental impact. To this end, factual evidence and expert opinion shall be submitted by the applicant in the form of maps, charts, reports, models, and other tangible materials, and in the form of testimony by experts such as lawyers, architects, engineers, realtors, professional community planners, and economists as will clearly state for the record the full nature and extent of the proposal. Tangible materials shall be submitted in sufficient quantity for review by the Planning Commission and other officials.

f.

The report to the Township Board shall contain the Planning Commission's analysis of the petition and area plan, findings regarding standards, recommended conditions of approval, and recommendations for action.

g.

Following the public hearing and recommendation of the Planning Commission, the Planning Commission shall transmit a copy of the petition and area plan to the County Planning Commission, County Zoning Commission, or Coordinating Zoning Committee, if any, for its review and comment to the Township Board in accordance with the Michigan Zoning Enabling Act.

h.

The Township Board shall review the petition and area plan application and the Township planning commission report, and shall approve, deny, or table for further consideration, the petition and area plan. Changes in the zoning amendment or area plan desired by the Township Board may, at the discretion of the Township Board, be referred to the Planning Commission for review and recommendation prior to the Township Board action.

i.

If the petition and area plan are approved by the Township Board, the applicant shall review the petition and area plan in their approved form. The applicant and all owners of record or the legal representative of the owners of record of all property included within the PUD shall then sign an agreement that the approved petition and area plan, and the conditions of approval, shall be binding upon the applicant and owners of record and upon their heirs, successors, and assigns. The petition and area plan shall not be officially approved nor may the applicant submit a preliminary site plan, where applicable, or a final site plan for the lot or any part thereof, until such agreement has been signed as required herein and has been received by the Township Clerk.

j.

Within three days of the official approval of the petition and the area plan by the Township Board, the Township Supervisor shall accurately note, and the Township Clerk shall attest, the PUD district designation for the lot in question on the official zoning map, in accordance with section 74-392(c).

k.

The approved area plan and signed agreement shall be recorded by the petitioner with the County Register of Deeds, within ten days of the date of approval of the petition and the area plan by the Township Board. The petitioner shall immediately provide a certified copy of the recorded documents to the Township Clerk.

l.

The Township Board may enforce any or all provisions of the approved area plan and agreement, and conditions of approval, against the petitioners, owners, successors, assigns, or agents.

m.

Performance guarantees to assure compliance with the approved area plan and conditions of approval may be required by the Township Board at the time of approval of the area plan. Guarantees to assure completion of site improvements shall be provided in accordance with article II, division 4 of this chapter, site plan review.

(2)

Area plan for PUDs.

a.

Eighty acres or less. An area plan for a PUD consisting of 80 acres or less shall contain all the information required for a preliminary site plan as set forth in article II, division 4 of this chapter, and the following information:

1.

Density of use for each use area of the site;

2.

Location, size, and uses of common open space;

3.

General description of the organization to be used to own and maintain common open space;

4.

General description of covenants, grants, easements, or other restrictions to be imposed upon land or buildings, including easements for public utilities, bylaws, and articles of incorporation for any home owners' association, cooperative association, or minimum association;

5.

Description of applicant's intentions regarding selling or leasing of all or portions of land in the PUD and of dwelling units;

6.

Description of all proposed nonresidential uses, including types of stores and offices;

7.

General landscape concept showing tree masses to be preserved or added, mounds, and similar features;

8.

Delineation of areas to be subdivided under the Land Division Act (MCL 560.101 et seq.); and

9.

Average initial sales prices of dwelling units for sale and/or average initial rents of rental dwelling units.

b.

More than 80 acres. An area plan for a PUD consisting of more than 80 acres shall contain the information as required in subsections (d)(2)a.1 through a.9 of this section, and the following information:

1.

Location and description of site, dimensions and area;

2.

General topography, soil information;

3.

Scale, north arrow, date of plan;

4.

Location, type, and land area of each land use; density of dwelling units (dwelling units per acre); type of dwelling units;

5.

Location, use, and size of open areas and recreation areas;

6.

General location and right-of-way width of proposed public streets, general location and surface width of major private streets/drives;

7.

General location of proposed parking areas and approximate number of spaces to be provided in each area;

8.

General delineation of areas of intended cutting or filling; existing natural features to be preserved or removed; location of existing structures, streets, and drives; location and purpose of existing easements;

9.

Adjacent land uses;

10.

Location and area of each development phase, summary of land use information as required in subsection (d)(2)b.4 of this section for each phase; and

11.

General description of proposed water, sanitary sewer, and storm drainage systems.

(3)

Standards for petition and area plan review. The Planning Commission shall determine and shall provide evidence of same in its report to the Township Board, that the petition and area plan meet the following standards:

a.

The proposed development shall conform to the master plan or any part thereof, or represents land use policy which, in the Planning Commission's opinion, is a logical and acceptable change in the master plan.

b.

The proposed development shall conform to the intent and to all regulations and standards of the PUD district and of this chapter.

c.

The proposed development shall be adequately served by public facilities and services such as: highways, streets, police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal, or that the persons or agencies responsible for the proposed development shall be able to provide in a manner acceptable to the Township Board, any such facilities and services.

d.

The common open space, any other common properties, individual properties, and all other elements of the PUD are so planned that they will achieve a unified open space and recreation area system with open space and all other elements in appropriate locations, suitably related to each other, the site, and the surrounding land.

e.

The applicant shall have made provisions, satisfactory to the Township Board, to assure that those areas shown on the plan for use by the public or by occupants of the development will be or have been irrevocably committed for that purpose. Provision, satisfactory to the Township Board, shall have been made to provide for the financing of any improvements shown on the plan for open space areas, and common use areas which are to be included within the development, and that maintenance of such improvements is assured by a means satisfactory to the Township Board.

f.

The location of the proposed uses, layout of the site, and its relation to streets giving access to it, shall be such that traffic to, from, and within the site and assembly of persons in connection therewith, will not be hazardous or inconvenient to the project or the neighborhood. In applying this standard, the Planning Commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children, the relationship of the proposed project to main thoroughfares and street intersections, and the general character and intensity of the existing and potential development of the neighborhood.

g.

The mix of housing unit types and densities, and the mix of residential and nonresidential uses shall be acceptable in terms of convenience, privacy, compatibility, and similar measures.

h.

Where applicable, the Planning Commission shall determine that noise, odor, light, or other external effects from any source whatsoever, which is connected with the proposed use, will not adversely affect adjacent and neighboring lands and uses.

i.

The proposed development shall create a minimum disturbance to natural features and land forms.

j.

Streets shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets. The plans shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable.

k.

Major pedestrian circulation shall be provided for within the site, and shall interconnect all residential areas, community areas, and commercial and other services where applicable. The pedestrian system shall provide a logical extension of pedestrian ways from outside the site and shall provide pedestrian connections to the edges of the site, where appropriate.

(4)

Effect of approval of petition and area plan. Approval of the petition and area plan by the Township Board shall have the following effects:

a.

Approval shall confer a right to the applicant, for a period of three years from the date of approval, that existing zoning regulations as they apply to the land included in the petition, and the area plan, shall remain unchanged, provided that required subsequent planning and/or construction are diligently pursued in accordance with the approved area plan within this time period.

b.

Approval of an area plan shall indicate the Township Board's and Planning Commission's acceptance of uses, building location in the case of a PUD of 80 acres or less in area, layout of streets, dwelling unit count and type, floor areas, densities, and all other elements of the area plan.

c.

Approval of an area plan of 80 acres or less in area shall authorize the applicant to file an application for final site plan approval for all or any phase of the development shown on the approved area plan. Final site plans shall not be required of any area that is to be platted for single-family detached residential use. Such approval shall also authorize construction to begin on-site improvements such as streets and drives, parking lots, grading, installation of utilities, and building foundations, provided the Township Board gives permission for such construction after recommendation by the Planning Commission. Grading, tree removal, and other changes in the existing topography and natural features shall be limited to the minimum required to permit construction as authorized in this subsection. Construction shall be limited to those elements whose location, size, alignment, and similar characteristics will not require review as part of a final site plan or any plat. Engineering plans and specifications shall be approved, and performance guarantees shall be provided as required by subsection (m) of this section, performance guarantees, before such construction may commence.

d.

Approval of an area plan of more than 80 acres shall authorize the applicant to file a preliminary site plan on each phase of the proposed development as delineated on the approved area plan. No construction shall begin within any phase until after a preliminary site plan is approved as required in this section and only in accordance with subsection 74-173(e).

e.

Approval of an area plan by the Township Board shall authorize the applicant to file a preliminary plat for tentative approval in accordance with the Land Division Act (MCL 560.101 et seq.) and chapter 58 of this Code, subdivisions and other divisions of land, for all or parts of the areas included within the PUD which are to be platted.

f.

No deviations for the area plan approved by the Township Board shall be permitted except as provided in this article.

(e)

Preliminary site plan requirements. A preliminary site plan shall be submitted for approval for each phase of development as delineated on the approved area plan, only for PUDs consisting of more than 80 acres of land area. The preliminary site plan shall be submitted and reviewed, and shall meet all provisions of article II, division 4 of this chapter, site plan review. In addition to these provisions, the preliminary site plans shall conform to the approved area plan.

(f)

Final site plan requirements. A final site plan shall be approved for each phase of a PUD as delineated on the approved area plan. Each final site plan shall be submitted and reviewed, and shall meet all provisions of section 74-174, final site plan. The Planning Commission shall transmit the approved final site plan to the Township Board for its information.

(g)

Subdivision plats.

(1)

A preliminary plat for all or part of a PUD may be submitted for review and approval following approval of the PUD area plan by the Township Board.

(2)

The Township Board shall have the authority to deny or table an application for tentative approval of a preliminary plat if, in its opinion and after a report thereon from the Planning Commission, such plat will result in premature development of the area involved or will result in improper scheduling of various public improvements such as, but not limited to, roads, utilities, and schools.

(3)

A preliminary or final site plan shall not be required for any parts of a PUD which are to be platted for a single-family detached residential development.

(4)

Plats in a PUD shall conform to the Land Division Act (MCL 560.101 et seq.), chapter 58, the regulations of the PUD district, and the approved area plan.

(h)

Common areas and facilities.

(1)

The location, extent, and purpose of all common areas and facilities shall be clearly identified on the area plan, on the preliminary site plan where applicable, and on each final site plan. All such areas and facilities which are to be conveyed to any agency if accepted by such agency, shall be clearly identified accordingly on the final site plan(s).

(2)

All public areas and facilities which are to be dedicated to and occupied by a public agency shall be so dedicated and accepted by such agency prior to approval of a final site plan, unless a binding agreement for dedication is provided in lieu of dedication.

(3)

Legal instruments setting forth a plan or manner of permanent care and maintenance of common areas and facilities shall be submitted to the Township Attorney for review as to legal form and effect, and to the Township Board or Planning Commission, whichever is applicable, for review, as to the suitability of such areas and facilities for the proposed use. Such legal instrument shall become a part of the approved plat or final site plan, whichever is applicable.

(4)

Where a homeowners' association (HOA) is to be used to maintain and preserve common areas and facilities, the developer shall file a declaration of covenants and restrictions that will govern the HOA, the same to be filed with the area plan application. The provisions shall include, but shall not be limited to the following:

a.

The HOA shall be established before any homes in the PUD are sold.

b.

Membership in the HOA shall be mandatory for each home buyer and for any successive buyer and shall be so specified in the covenants.

c.

Restrictions shall be permanent.

d.

The HOA shall be made responsible for liability insurance, local taxes, and maintenance of common areas and facilities.

e.

Home owners shall pay their pro rata share of the costs and it shall be so specified in the covenants. Assessments levied by the HOA can become a lien on the property.

f.

The HOA shall have authority to adjust the assessment to meet changed needs.

g.

The Township Board shall review the proposed bylaws and articles of incorporation prior to approval of the area plan.

(5)

The permanence and integrity of common open space may be secured by conveyance of development rights of such areas to a public agency if accepted by such public agency. Such rights shall not include those needed to improve the common open space areas in accordance with an approved area plan, approved preliminary site plan, where applicable, and final site plan.

(6)

Common areas and facilities may be deeded to a trustee who shall be responsible for the collection and disbursement of funds, and who shall account to the individual owners as to the use of their monies. If a trustee is utilized, the trustee shall employ a professional manager. The trustee may be a home owners' association, a trust company, or similar organization.

(7)

Easements shall be given to each individual owner for the use of such areas and facilities.

(8)

Where facilities are to be constructed as part of the common area open space system performance guarantees shall be provided as required by subsection (m) of this section, performance guarantees.

(i)

Amendment and revision.

(1)

A developer may request an amendment to an approved area plan, an approved preliminary site plan, or an approved final site plan. Any amendment to an approved preliminary or final site plan which results in a major change in the approved area plan, as defined in this subsection, shall require an amendment to the approved area plan. All amendments shall follow the procedures and conditions required in this chapter for original submittal and review, in full.

(2)

A request for an amendment shall be made in writing to the Planning Commission and shall clearly state the reasons therefor. Such reasons may be based upon such considerations as changing social or economic conditions, potential improvements in layout or design features, unforeseen difficulties, or reasons mutually affecting the interests of the Township and the developer, such as technical causes, site conditions, state or federal projects and installations, and statutory revisions. The Planning Commission, upon finding such reasons and requests reasonable and valid, shall so notify the applicant in writing. Following payment of the appropriate fee as required for original submittal, the developer shall submit the required information to the Planning Commission for review. If the approved plan is to be amended, the Planning Commission shall immediately notify the Township Board.

(3)

Modifications to be considered major changes, for which amendment is required, shall include one or more of the following:

a.

Change in concept of the development;

b.

Change in use or character of the development;

c.

Change in type of dwelling unit as identified on the approved area plan;

d.

Change in the number of dwelling units;

e.

Change in nonresidential floor area of over five percent;

f.

Change in GFC and FAR of the entire PUD of more than one percent;

g.

Rearrangement of lots, blocks, and building tracts;

h.

Change in the character or function of any street;

i.

Reduction in land area set aside for common open space or the relocation of such areas; or

j.

Increase in building height.

A developer may request Planning Commission approval of modifications which constitute minor changes, as defined in this subsection, in an approved area plan, in an approved preliminary site plan, where applicable, or in an approved final site plan. The Planning Commission shall notify the Township Board and any other applicable agency of its approval of such minor changes. The revised drawings as approved shall each be signed by the applicant and the owner of record or the legal representative of such owner.

(5)

Modifications to be considered minor changes, for which approved plans may be revised rather than amended, shall include, among other similar modifications, the following:

a.

A change in residential floor area;

b.

A change in nonresidential floor area of five percent or less;

c.

Minor variations in layout which do not constitute major changes; and/or

d.

A change in GFC and FAR of the entire PUD of one percent or less.

(6)

The Planning Commission shall have the authority to determine whether a requested change is major or minor, in accordance with this subsection. The burden shall be on the applicant to show good cause for any requested change.

(j)

Expiration of plan approvals.

(1)

An area plan shall expire 18 months after approval by the Township Board unless a final site plan for the first stage of the project, or the entire property in the PUD if development is not to occur in stages, is submitted to the Planning Commission for review and approval. Thereafter the final site plan for each subsequent stage shall be submitted to the Planning Commission for review and approval within two years of the date of approval of the immediately preceding final site plan.

(2)

A final site plan for the entire area classified as a PUD, or all final site plans for all stages thereof, shall have received approval of the Planning Commission within three years, in the case of a PUD of 80 acres or less in area, or within five years for a PUD of more than 80 acres in area, of the date of Township Board approval of the area plan. All final plats in the PUD shall have been approved and recorded within the preceding time periods.

(3)

Expiration of an approved area plan as set forth in subsection (j)(1) of this section, or failure to obtain approval of final site plans or final plats as provided in subsections (j)(1) and (2) of this section as such time periods may be extended pursuant to 74-542(k), shall authorize the Township Board to revoke the right to develop the property under the approved area plan and any approved site plans, after notice to the applicant and a public hearing before the Township Board on such revocation. At the public hearing, the Board may revoke the right to develop under the area plan and any approved site plans, or may determine that the applicant has demonstrated good cause for an extension as described in 74-542(k). In the event the Board revokes the right to develop under the approved area plan and any approved site plans, no extension or reinstatement may be granted, and no building or development on the property shall occur under the revoked area plan. After revocation of an approved area plan the Township Board shall initiate a zoning amendment to place the subject property into one or more zoning districts deemed by the Township Board to be appropriate, which may include the prior zoning district for the property.

(4)

Approval of a final site plan in a PUD shall expire and be of no effect six months after the date of approval of the Planning Commission unless appropriate permits have been applied for and issued by applicable governmental authorities for commencement of development and construction of site improvements as defined in section 74-176(e) and in accordance with section 74-176(f), subject to extensions described in 74-176(g). A final site plan in a PUD shall expire and be of no effect 18) months after the date of approval by the Planning Commission unless substantial construction and development of site improvements has commenced at the property in accordance with permits issued by applicable governmental authorities, and is being diligently pursued and performed in a timely manner to completion in conformance with the approved final site plan, as determined by the Building Official, subject to extensions pursuant to section 74-176(g).

(5)

Development shall be completed within two years of the date of approval of a final site plan unless extended pursuant to section 74-176(g). If such development is not so completed, the Planning Commission shall not review or approve final site plans for any subsequent stages of the PUD unless good cause can be shown for not completing same as described in section 74-176(g).

(6)

If an approved area plan or an approved final site plan has expired as set forth in this section, no permits for any development or use of the property included in the PUD shall be issued until the applicable requirements of this Section have been met. Expiration of an approved area plan shall be duly noted on the official zoning map, and shall be signed by the Township Supervisor and attested by the Township Clerk. The Zoning Officer shall notify the Township Board of the expiration of an approved area plan.

(k)

Extension of time limits. The time limits set forth in this section 74-542 may be extended at the request of the applicant upon approval of the Township Board, in the case of areas plans, in accordance with this section 74-542(k), or the Planning Commission, in the case of site plans, in accordance with section 74-176(g) and 74-179.

(1)

Extension of an approved area plan shall be governed by the following:

a.

An extension may be granted for any period of time not to exceed 12 months. An extension, if granted, shall begin on the date the time limit would have expired, and shall continue for the period of time determined by the Township Board not to exceed 12 months.

b.

No more than five 12-month extensions may be granted.

c.

Under no circumstances shall an extension be granted if the request is received more than 1) months after (i) expiration of the initial area plan approval in the case of the first extension request, or (ii) expiration of the immediately preceding extension in the case of a subsequent extension request.

d.

The Township Board is under no obligation to grant any extension, and the burden is on the applicant to show that good cause exists for granting the request for an extension as described in subsection (2) below.

(2)

The Township Board shall consider the following factors in its determination of whether good cause exists for an extension:

a.

The applicant has demonstrated that needed utility services have been delayed;

b.

The applicant has demonstrated that technical review of the area plan has raised unforeseen development problems;

c.

The applicant has demonstrated that unforeseen economic developments or other events, conditions or circumstances justify the extension.

d.

The applicant has demonstrated that the length of time since the initial area plan approval and the number of extensions previously granted do not adversely affect or warrant revision to the terms and conditions of the PUD approval.

e.

The applicant has demonstrated that changes since the initial approval in (i) conditions or use of the site or surrounding area or (ii) ordinances, standards or regulations affecting the site or surrounding area or (iii) other similar factors do not adversely affect or warrant revision to the terms and conditions of the PUD approval.

f.

In the event the prior approval or extension has already expired, the applicant has demonstrated good cause for delay in requesting an extension.

(l)

Modifications during construction. All site improvements and building construction shall conform to all approved plans required in this section which authorize such improvements and construction, and to all approved engineering and architectural plans related thereto. If the applicant or developer makes any changes in the improvements and buildings during construction in relation to such approved plans, he shall do so at his own risk, without assurance that the Township Board, Planning Commission, or Township official, whichever is applicable, will approve such changes. Where field changes are necessary, the applicant or developer shall, if reasonably possible, first obtain approval from the appropriate body or official. If such prior approval cannot be obtained, and the changes are made, the applicant shall immediately notify the appropriate body or official of such changes and shall, as soon thereafter as is reasonable, submit as-built drawings of all such changes. The Township Board, Planning Commission, Building Inspector, or Township Engineer, whichever is applicable, may require the applicant to correct any change made in the field without prior approval so as to conform to the approved plans.

(m)

Performance guarantees. Performance guarantees to assure compliance with the approved area plan and conditions of approval may be required by the Township Board at the time of approval of the area plan. Guarantees to assure completion of site improvements shall be provided in accordance with article II, division 4, of this chapter, site plan review.

(n)

Violations.

(1)

An area plan, preliminary plan, or final site plan approved under the provisions of this article shall have the full force of this chapter. Any violation of such approved plan shall be grounds for the Township Board to order that all construction be stopped, and to order that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of such removal is provided to the Township Board.

(2)

Violations of any plan approved under this section, or failure to comply with any requirements of this section, including any agreements and conditions attached to any approved plan, shall be considered a violation of this chapter.

(Comp. Ords. 1990, § 130.1115; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 8-02, § 130.1115, 5-20-2002; Ord. No. 4-2006, 8-21-2006; Ord. No. 11-2007, 11-19-2007; Ord. No. 4-2010, 3-15-2010; Ord. No. 1-2021, 2-15-2021; Ord. No. 2-2023, 9-18-2023)

State Law reference— Planned unit developments, MCL 125.3503.

(a)

Scope. The provisions of this section apply to the open space preservation residential district (OSPD).

(b)

District general principles.

(1)

Zoning classification; area plan and petition. Within areas noted in the master plan for open space preservation, development may occur only by one of the two following methods: under the existing A-1 or R-C zoning of the property on July 6, 2005, or under the open space preservation residential zoning district provided by this article. An area plan and petition in accordance with section 74-542(d)(1) is required for an OSPD.

(2)

Approval of lots. Any division of a parcel in an open space preservation residential district shall be approved by one of the following means:

a.

Division by metes and bounds shall be approved by the Zoning Officer in accordance with chapter 58, subdivisions and land division. The Zoning Officer shall not approve any land division for an OSPD until the requirements of this section are met.

b.

Division by subdivision plat in accordance with the approval process provided in chapter 58, subdivisions and land division and this chapter.

c.

Division by site condominium in accordance with the approval process provided in section 74-601.

(3)

Guarantee of preservation. The dedicated open space shall in perpetuity remain in an undeveloped state, subject only to uses approved by the Township on the approved OSPD area plan. Further subdivision of dedicated open space or its use for purposes other than on the approved OSPD area plan for conservation, recreation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited. The applicant shall guarantee to the satisfaction of the Township Board that all dedicated open space will be maintained in the manner approved and pursuant to a conservation easement described in subsection (d)(5) of this section. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township Board and the land uses continue as approved in the open space preservation residential district area plan.

(4)

Cohesive neighborhood. The proposed development shall be designed to create a cohesive residential neighborhood through common open space areas for passive or active recreation and resident interaction. All open space areas shall be equally available to all residents of an open space preservation residential district.

(5)

Unified control. The proposed development shall be under single ownership or other control, sufficient to ensure completion of the project in the manner approved, and continued maintenance in the manner approved. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, articles of incorporation and bylaws for homeowners' associations, contracts, covenants, bonds, and/or deed restrictions that indicate that the development will be completed in its entirety as approved and continued maintenance as approved.

(6)

Township Master Plan. The proposed development shall be consistent with and shall further the implementation of the Township Master Plan. Open space preservation residential districts shall not be permitted in areas designated for agricultural production.

(7)

Conditional uses. Conditional uses of the open space preservation district shall be the same as the conditional uses in the A-1 or R-C zoning districts, and shall be subject to the same application and review process as set forth in article XXI of this chapter.

(8)

Exemptions. Parcels consisting of less than ten acres as existing on April 26, 2002, shall be exempt from the requirements of this section.

(c)

Principal permitted uses and accessory uses.

(1)

Detached single-family residential dwellings, two-family dwellings and townhouse dwellings are permitted in areas not a part of the common areas or dedicated open space, including home occupations.

(2)

Agricultural land uses are permitted uses as allowed in the R-C district, excluding concentrated animal feed operations.

(3)

Accessory uses and buildings incidental to the principal permitted uses as residential dwellings as allowed in the R-C district are allowed in the areas not part of the dedicated open space or common areas.

(4)

Accessory uses and buildings incidental to the permitted recreational, conservation or agricultural use, including passive recreational activities, roadside stands, storage buildings, barns, silos, when part of a farming operation, and other accessory uses incidental to the permitted use are allowed in the common areas or dedicated open space.

(d)

Open space requirements.

(1)

Minimum project size. The minimum size of an open space preservation residential district development shall be ten acres of contiguous land.

(2)

Use. All land within a development that is not devoted to a residential unit, an accessory use, vehicle access, vehicle parking, a roadway, a utility easement or an approved land improvement, shall be set aside as common land for recreation, conservation, agricultural uses, or preserved in an undeveloped state. Grading shall be minimal, with the intent to use existing topography.

(3)

Clustering. Dwelling units shall be grouped so that dedicated open space within a development is at least 65 percent of the total buildable area.

(4)

Dedicated open space. The common dedicated open space shall be located to preserve significant natural features and to connect open spaces throughout the development with adjacent open space. Open space along the exterior public roads shall generally have a depth of at least 100 feet, either landscaped with natural vegetation or preserved in a natural wooded condition. All vegetation shall be native to the area. The open space along the exterior public roads shall be landscaped with a minimum of one tree for each 20 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into groupings to provide a natural appearance. Preservation of existing trees is preferred and may be credited towards meeting the frontage landscaping requirement.

(5)

Conservation easement. The dedicated open space and primary conservation areas shall be set aside by the developer through a permanent conservation easement established per Part 21, Subpart 11 of the Natural Resources and Environmental Protection Act (MCL 324.2140 et seq.). Such conservation easement shall be held by the Township or a recognized land trust or conservancy approved by the Township Board. It shall be in a form acceptable to the Township and duly recorded in the county register of deeds office. In the event the land trust or conservancy holding the conservation easement ceases to exist the easement shall revert to the Township.

(6)

Purpose and content of conservation easement. The conservation easement shall assure that the dedicated open space and primary conservation areas will be protected from all forms of development, in an undeveloped state, except as shown on the OSPD approved area plan. Such easement shall indicate the proposed allowable uses of the dedicated open space. The Planning Commission and Township Board shall require the inclusion of restrictions in the easement that prohibit the following within protected lands:

a.

Dumping or storing of any hazardous material or refuse;

b.

Activity that may cause risk of soil erosion;

c.

Use of motorized off-road vehicles;

d.

Cutting, filling or removal of vegetation, with the exception of invasive species, from wetland sites;

e.

Use of pesticides, herbicides or fertilizers within or adjacent to wetlands;

provided, however, on land that is actively farmed, activities normally associated with agricultural land use shall be permitted.

(7)

Connection to adjacent dedicated open space or area. The Planning Commission or Township Board may require connections with adjacent dedicated open space, public land or existing or planned pedestrian/bike paths.

(8)

Allowable structures. Any structure or building described in subsection (c)(3) or (c)(4) of this section, accessory to the approved recreational, conservation or agricultural use may be erected within the dedicated open space, in accordance with the approved OSPD area plan. The total floor area of accessory buildings shall not exceed, in the aggregate, one percent of the required dedicated open space area.

(9)

Recreational facilities. Allowable recreational facilities may include a neighborhood park, golf course, picnic areas, children's play area, greenway, recreational trails, soccer fields, ball fields, bike paths or similar passive recreational facilities which provide a feature of community-wide significance and enhance residential development. In order to preserve a reasonable proportion of the natural areas, no more than 50 percent of the dedicated open space shall be utilized for these recreational facilities, in which case, at least 50 percent of the gross site acreage shall remain perpetually in an undeveloped state by means of a conservation easement described in subsection (d)(5) of this section.

(10)

Created natural features. If the site lacks significant existing natural features, the creation of native woodland features, natural vegetation (e.g., prairie meadows) and/or manmade wetlands not used as a part of the stormwater management system is encouraged and may be included in the dedicated open space.

(11)

Farming operations. Farming operations, as permitted in subsection (c)(2) of this section, may be included in an open space preservation residential district and land dedicated to farm operations can be counted as dedicated open space.

(12)

Areas not considered dedicated open space. The following land areas shall not be included as dedicated open space for the purpose of this section:

a.

The area of any private or public street right-of-way.

b.

Any lot including the required setbacks surrounding a residential structure.

c.

Stormwater detention and treatment areas.

d.

Primary conservation areas.

(13)

Homeowners' association. The dedicated open space, primary conservation areas, other undivided common areas and associated facilities shall be held in common ownership by a homeowners' association. For site condominiums, the homeowners' association is equivalent to the condominium association. The association shall be formed and operated under principles approved by the Township Board including the following:

a.

The developer shall provide a description of the association, including its articles of incorporation and bylaws and a dedicated open space maintenance plan documenting methods for maintaining the open space and ensuring the integrity of the dominant natural features.

b.

The association shall be organized by the developer or owner and shall be operated with a financial subsidy from the developer, or owner, before the sale of any lots within the development.

c.

Membership in the association shall be automatic and mandatory for all purchasers of homes in the project and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.

d.

The members of the association shall share equitably the costs of maintaining undivided open space. Shares shall be defined within the association bylaws and assessments for maintenance shall be a lien on the land.

e.

The homeowners' association shall be responsible for payment of any property taxes and maintenance of all common open space areas and facilities under its control, and maintenance of liability insurance and similar duties of ownership.

f.

The homeowners' association may lease open space lands to any other qualified person, or entity, for operation and maintenance of farmlands in accordance with the approved OSPD area plan, but such a lease agreement shall provide:

1.

That the residents of the development shall at all times have access to the open space lands contained therein (except croplands during growing season);

2.

That the undivided open space to be leased shall be maintained for the purposes set forth in this section;

3.

That the operation of open space facilities may be for the benefit of the residents only, or may be open to the public, at the election of the developer and/or homeowners' association, as the case may be; and

4.

That the lease shall be in accordance with the approved OSPD area plan and memorandum of lease recorded and shall be subject to the approval of the Township Board and any transfer or assignment of the lease shall be further subject to the approval of the Township Board. A copy of the lease and the recorded memorandum shall be filed with the Township.

(g)

Density calculations. The maximum permitted density in an open space preservation residential district shall be determined as follows:

(1)

The total buildable area is calculated by subtracting acreage in primary conservation areas, and in private and public road rights-of-way from the gross site acreage.

(2)

Multiply the acreage of the total buildable area by 0.2 to determine the maximum number of dwelling units permitted.

(3)

Lots may vary in size but in no case shall each lot area be less than 0.5 acre.

(4)

The maximum ground floor coverage on any lot shall be ten percent; the maximum floor area ratio shall be 0.2.

(h)

Design standards.

(1)

Natural features preservation. The development shall be designed to promote the preservation of natural features. Individual lots, buildings, streets and parking areas shall be designed and situated to minimize alteration of the natural environment.

(2)

Location of lots. Residential lots shall be laid out, to the greatest extent feasible, to achieve the following objectives:

a.

In locations that minimize alteration of the natural environment.

b.

On the most suitable soils for subsurface septic disposal.

c.

In locations least likely to block or interrupt scenic vistas, as seen from public roadways.

(3)

Setbacks: The following design parameters will be used to establish setbacks:

a.

Front, rear and side yard setbacks shall be staggered to provide for maximum variety in the size of such yards.

b.

The minimum front, rear and corner yard setback shall be 35 feet. The minimum side yard setback shall be 15 feet. Minimum distances between two or more multiple-family dwellings are set forth in section 74-598.

c.

The minimum distance between dwelling structures shall be 30 feet.

d.

Dwelling placement on a lot shall be as far as possible from primary conservation areas or agriculture areas but in no case shall they be closer than 100 feet from those areas.

(4)

Minimum lot width. The minimum lot width shall be 80 feet as measured from the front building line.

(5)

Open space between clusters. Dedicated open space between clusters of residential dwellings, including those spaces used as recreational areas, shall be at least 100 feet wide.

(6)

Landscaping and buffering.

a.

Landscaped or native vegetative cover shall provide a screened buffer between dwellings and neighboring properties.

b.

Where the open space preservation residential district abuts an adjacent single-family residential use, the Planning Commission or Township Board may require a transition setback. Grading within the transition area shall be minimal unless needed to provide effective buffering or accommodate drainage. If the grade change adjacent to single-family residential is to be varied by more than three feet, the area plan shall include cross sections illustrating existing and proposed grades in relation to existing and proposed building heights. Perspective renderings from adjacent residential units are encouraged. The Planning Commission or Township Board may require that the transition area consist of one or more of the following:

1.

Woodlands, natural features or a landscaped greenbelt sufficient to provide an obscuring effect.

2.

Open or recreational space.

3.

Significant changes in topography, which provide an effective buffer.

c.

Buffer zones at least 100 feet in width shall be required between residential areas and agricultural areas in open space preservation residential districts. Buffers shall be planted with fast growing native shrubs and trees to create an effective barrier separating yards from fields and pastures.

(7)

Dwelling placement. Dwelling placement shall be planned to screen homes from off-site vantage points, away from environmentally sensitive areas, existing agricultural areas, sites suitable for open space and upwind from areas subject to land management practices that may cause dust, noise, smoke, odors or similar problems.

(8)

Preserving road frontage. All dwellings and accessory structures shall be no less than 100 feet from the edge of the major arterial and that 100-foot area shall be maintained in native plants and trees so as to create a buffer between the roadway and the environment.

(9)

Septic tanks and fields. The placement of septic tanks and fields shall comply with requirements of the county department of environment and infrastructure service (WCEIS). Drainfields may be placed in dedicated open space or transition areas if permitted by the WCEIS.

(10)

Road access. Direct access onto a county road or state highway shall be required for an open space preservation residential district which shall also meet or exceed the access standards contained in section 74-11.

(11)

Internal roads. Internal roads within an open space preservation residential district may be public or private.

a.

Construction of private roads as a means of providing access and circulation is encouraged. Private roadways within an open space preservation residential district must meet the design requirements of chapter 46, article II, private roads. The Planning Commission may recommend to the Township Board granting a variance from these requirements, if all of the following findings are made:

1.

There is no potential for the road to connect with abutting land or be extended to serve additional land in the future.

2.

Significant natural features such as mature trees, natural slopes, wetlands or other water bodies would be preserved through allowing a variance from the private road standards.

b.

Both sides of all internal roads shall be landscaped with street trees. For road frontages of individual lots, a minimum of two canopy trees shall be provided per lot. For sections of road that do not abut residential lots, one canopy tree shall be provided on each side for every 50 feet of road frontage. Existing trees that are preserved and that are located within the right-of-way or road easement and those that are outside these areas but within five feet of the road right-of-way or road easement line may be credited towards meeting this requirement.

(12)

Pedestrian access. The open space preservation residential district area plan shall provide pedestrian access to all nonagricultural open space areas from all residential areas, connections between open space areas, public thoroughfares, and connections between appropriate on- and off-site uses. Trails within the open space preservation residential district may be constructed of gravel, woodchip or other similar material, but the Planning Commission or Township Board may require construction of eight-foot wide asphalt bike paths through portions of the development or along any public right-of-way abutting the open space preservation residential district. Locations for school bus stops shall be provided on the area plan.

(13)

Historic structures. When a tract contains structures or buildings deemed to be of historic, cultural, or architectural significance, as determined by the Planning Commission or Township Board, and if suitable for rehabilitation, the structures shall be retained. Adaptive reuse of existing structures for residential use or permitted accessory residential uses shall be permitted.

(i)

Regulatory flexibility.

(1)

Modifications to zoning requirements. To encourage flexibility and creativity consistent with the intent of the open space preservation residential district, the Township Board may grant specific departures from the following requirements of this chapter as a part of the approval process: height, setback, off-street parking and yard and lot width standards may be modified, provided that such modifications result in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features or farmland. The petitioner shall provide sufficient evidence for the Township Board to make a finding that such deviations are justified by unique topographic conditions, vegetation, grades, or to preserve natural features and open areas. Any regulatory modification shall require Township Board approval after Planning Commission recommendation and findings that the deviation shall fulfill the intent of this section. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals.

(2)

Table of proposed modifications. A table shall be provided on the area plan which specifies the details of all proposed variances, including ordinance provisions from which deviations are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety and welfare in lieu of the regulations from which variances are sought. Only those variances consistent with the intent of this section shall be considered.

(j)

Application procedures and final site plan requirements; preapplication conference and petition and area plan approval processes.

(1)

Preapplication conference and application process. A preapplication conference for an open space preservation residential district zoning shall be requested using the procedures outlined in 74-542(c), preapplication conference. The OSPD petition and area plan application and review shall be submitted in accordance with section 74-542(d)(1), petition and area plan approvals. The area plan shall constitute the preliminary site plan and shall be reviewed in accordance with the requirements and standards of article II, division 4 of this chapter.

(2)

Final site plan requirements. A final site plan shall be submitted for review and action by the Planning Commission for each phase of an OSPD as delineated on the approved area plan. Each final site plan shall be submitted and reviewed and shall meet all provisions of section 74-174, final site plan. The Planning Commission shall transmit the approved final site plan to the Township Board for information.

(3)

Subdivision plats. If an open space preservation residential district is developed as a subdivision plat, the procedures defined in section 74-542(g) shall apply.

(4)

Site condominium. If an OSPD is developed as a site condominium, the procedures of section 74-601 shall apply.

(k)

Project standards. In considering any application for approval of an open space preservation residential district petition and area plan, the Planning Commission shall determine and shall provide evidence in its report to the Township Board that the petition and area plan meets the following standards:

(1)

Compliance with the open space preservation residential district principles, requirements and design standards. The overall design and land uses proposed in connection with an open space preservation residential district shall be consistent with the intent, principles and requirements of the OSPD district, and the specific design standards set forth in this section.

(2)

Compatibility with adjacent uses. The proposed location of accessory uses or structures that are of a significantly different scale or character than the abutting residential district, such as access drives, parking areas, solid waste pickup points, swimming pools, tennis courts, and facilities of a similar nature shall not be located near the boundary of the development or so as to negatively impact the residential uses of adjacent lands. The proposed open space preservation residential district area plan shall set forth in detail, all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design features that exhibit due regard for the relationship of the development to surrounding properties, the character of the site, and the land uses. In determining whether this requirement has been met, consideration shall be given to:

a.

The bulk, placement, and materials of construction of proposed structures.

b.

Pedestrian and vehicular circulation.

c.

The location and screening of vehicular use or parking areas.

d.

The provision of landscaping and other site amenities.

(3)

Impact of traffic. The open space preservation residential district shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses.

(4)

Protection of natural environment. The proposed open space preservation residential district shall be protective of the natural environment and shall comply with all applicable environmental protection laws and regulations. Natural features as defined in chapter 18 of the Ann Arbor Township Land Development Standards shall be preserved to the maximum extent feasible. If animal or plant habitats of significant value exist on the site, the Planning Commission or Township Board may, as a condition of approval, require that the open space preservation residential district plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas. The development shall follow the design standards provided in chapter 18 of the Ann Arbor Township Land Development Standards.

(5)

Compliance with applicable regulations. The proposed open space preservation residential district shall comply with all applicable Federal, State, and local regulations.

(6)

Township Master Plan. The proposed open space preservation residential district shall be consistent with and further the implementation of the Township Master Plan.

(l)

Conditions. Reasonable conditions may be required by the Township Board for approval of an open space preservation residential district, for the purpose of:

(1)

Ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity;

(2)

Protecting the natural environment;

(3)

Conserving natural resources and energy;

(4)

Ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner;

(5)

Furthering the implementation of the Township Master Plan; and

(6)

Protection of the public health, safety and welfare of individuals in the project or those immediately adjacent to the community.

All conditions imposed shall be made a part of the record of the approval, and the OSPD agreement. The Planning Commission shall make recommendations to the Township Board of proposed conditions for approval.

(m)

Recording of action. The applicant shall record an affidavit with the County Register of Deeds containing the full legal description of the project site, specifying the date of final Township approval, and declaring that all improvements will be carried out in accordance with the approved open space preservation residential district area plan unless an amendment is adopted by the Township. In addition, all deed restrictions and easements shall be duly filed with the County Register of Deeds and copies of recorded documents presented to the Township. In accordance with subsection 74-542(d)(1)i, after approval by the Township Board an OSPD agreement shall be signed and recorded.

(n)

Permits. Following approval of the open space preservation residential district final site plan and final approval of the engineering plans by the Township Engineer, grading and building permits may be applied for. For an open space preservation residential district that is a subdivision plat, grading and building permits may be applied for only after approval by the Township and all other applicable agencies is received. It shall be the responsibility of the applicant to obtain all other applicable Township, County, State, and Federal permits.

(o)

Initiation of construction. If construction has not commenced within 18 months of final approval, all Township approvals become null and void, unless the Township Board approves an extension. The applicant may apply in writing to the Township Board for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

(p)

Continuing adherence to plan. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this chapter and shall be subject to the penalties for same.

(q)

Phasing.

(1)

Scheduled phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the open space preservation residential district and the residents of the surrounding area.

(2)

Timing of phases. Each phase of the project shall be commenced within 12 months of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the plan shall become null and void unless the Township Board approves an extension.

(r)

Revision of approved plans.

(1)

Minor changes. Minor changes to an approved open space preservation residential district plan may be permitted by the Planning Commission following normal site plan review procedures outlined in article II, division 4 of this chapter for the following:

a.

Reduction of density;

b.

Changing non-single-family dwelling units to single-family dwelling units;

c.

Realignment of roads;

d.

Modifications to setbacks;

e.

Increasing the amount of open space;

f.

Changes to landscaping, provided the number of plantings is not decreased;

g.

Change in the size of detention ponds by no more than ten percent;

h.

Changes to septic/drainfields in common areas; and

i.

Changes to phasing plan.

(2)

Required findings for minor changes. Minor changes shall be subject to the finding of all of the following:

a.

Such changes will not adversely affect the initial basis for granting approval,

b.

Such changes will not adversely affect the overall open space preservation residential district in light of the intent and purpose of such development as set forth in this article; and

c.

Such changes shall not result in the reduction of dedicated open space area as required in this section.

(s)

Major revisions. Approved plans for an open space preservation residential district that do not qualify as minor under subsection (p)(1) of this section may be revised by resubmitting a revised open space preservation residential district area plan for approval following the procedures of subsection (h) of this section.

(Comp. Ords. 1990, §§ 130.1001, 130.1002; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 2-02, 2-4-2002; Ord. No. 7-02, 11-18-2002; Ord. No. 5-2004, 8-16-2004; Ord. No. 5-2005, 7-18-2005; Ord. No. 1-2008, 2-18-2008)

(a)

OSPC general principles.

(1)

Applicable zoning districts. This OSPC land use option provided for in this section is available only in the following zoning districts: A-1, A-R, R-C, R-1, R-1A, R2 and R3A.

(2)

Approval of lots. Any division of a parcel in an OSPC shall be approved by one of the following means:

a.

Division by metes and bounds legal description, as approved by the Zoning Officer in accordance with chapter 58, subdivisions and land division. The Zoning Officer shall not approve any land division for an OSPC unless the proposed land division meets the requirements of this section.

b.

Division by subdivision plat according to the approval process provided in chapter 58, subdivisions and land division, and this chapter.

c.

Division by site condominium according to the approval process provided in section 74-601.

For purposes of this section the term "lot" means any approved metes and bounds parcel, subdivision lot or condominium unit on which a residential dwelling unit is to be located.

(3)

Guarantee of preservation. The dedicated open space shall in perpetuity remain in an undeveloped state, subject only to uses approved by the Township on the approved OSPC site plan. Further division of dedicated open space or its use for purposes other than on the approved OSPC site plan for conservation, recreation or agricultural purposes is prohibited. The applicant shall guarantee to the satisfaction of the Planning Commission and Township Board that all dedicated open space will be maintained in the manner approved and pursuant to a conservation easement described in subsections (c)(4) and (5) of this section. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposed development. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township Board and the land uses continue as approved in the OSPC site plan.

(4)

Cohesive neighborhood. The proposed development shall be designed to create a cohesive residential neighborhood through common open space areas for passive or active recreational and resident interaction. All open space areas shall be equally available to all residents of the OSPC.

(5)

Unified control. The proposed development shall be under single ownership or other control, sufficient to ensure completion and continued maintenance of the proposed development in the manner approved. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, articles of incorporation and bylaws for homeowners' associations, contracts, covenants, bonds, and/or deed restrictions to ensure completion and continued maintenance of the proposed development in the manner approved.

(6)

Township Master Plan. The proposed development shall be consistent with and shall further the implementation of the Township Master Plan.

(7)

Availability of public sewer and water. In areas of the Township which are outside of the sewer or water service area as defined in the master plan, the use of the OSPC option is only allowed where it can be accomplished without extension of public water and public sewer.

(b)

Principal permitted uses and accessory uses. All permitted and accessory uses allowed in the underlying zoning district are permitted in the OSPC.

(c)

Open space requirements.

(1)

Use. All land within a proposed development that is not devoted to a residential unit, an accessory use, vehicle access, vehicle parking, a roadway, a utility easement or an approved land improvement, shall be set aside as common land for recreation, conservation, or agricultural uses, or preserved in an undeveloped state. Grading shall be minimal, with the intent to use existing topography.

(2)

Clustering. Dwelling units shall be grouped so that dedicated open space within a proposed development is at least equal to the product of the total buildable area multiplied by the percentage contained in Table 1 for each specific zoning district. In no case shall land that remains perpetually in an undeveloped state by means of a conservation easement described in subsection (c)(4) and (5) of this section be less than 50 percent of the gross site acreage.

Table 1. OPEN SPACE REQUIREMENTS

(3)

Dedicated open space. The dedicated open space shall be located to preserve significant natural features and to connect open spaces throughout the proposed development with adjacent open space. In areas outside the water/sewer service districts as defined in the master plan, open space along the exterior public roads shall generally have a depth of at least 100 feet, either landscaped with natural vegetation or preserved in a natural wooded condition. All vegetation shall be native to the area. The open space along the exterior public roads shall be landscaped with a minimum of one tree for each 20 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into groupings to provide a natural appearance. Preservation of existing trees is preferred and may be credited towards meeting the frontage landscaping requirement.

(4)

Conservation easement. The dedicated open space and primary conservation areas shall be set aside by the developer through a permanent conservation easement established per Part 21, Subpart 11 of the Natural Resources and Environmental Protection Act (MCL 324.2140 et seq.). Such conservation easement shall be held by the Township or a recognized land trust or conservancy approved by the Township Board. It shall be in a form acceptable to the Township and duly recorded in the County Register of Deeds office. In the event the land trust or conservancy holding the conservation easement ceases to exist the easement shall revert to the Township.

(5)

Purpose and content of conservation easement. The conservation easement shall assure that the dedicated open space and primary conservation areas will be protected from all forms of development, in an undeveloped state, except as shown on the OSPC approved site plan. The conservation easement shall indicate the proposed allowable uses of the dedicated open space. The Planning Commission shall require the inclusion of restrictions in the conservation easement that prohibit the following within the dedicated open space:

a.

Dumping or storing of any hazardous material or refuse;

b.

Activity that may cause risk of soil erosion;

c.

Use of motorized off-road vehicles;

d.

Cutting, filling or removing vegetation, with the exception of invasive species, from wetlands sites;

e.

Use of pesticides, herbicides or fertilizers within or adjacent to wetlands;

provided, however, on land that is actively farmed, activities normally associated with agricultural land use shall be permitted in the A-1, A-R and R-C districts.

(6)

Connection to adjacent dedicated open space or area. The Planning Commission may require connections with adjacent dedicated open space, public land or existing or planned pedestrian/bike paths.

(7)

Allowable structures. Buildings incidental to the permitted recreational, conservation or agricultural use, including roadside stands, storage buildings, barns and silos (when part of a farming operation), are allowed in the common areas or dedicated open space. Such accessory uses and buildings shall be in accordance with the approved OSPC site plan. The total floor area of accessory buildings shall not exceed, in the aggregate, one percent of the required dedicated open space area.

(8)

Recreational facilities. Allowable recreational facilities may include a neighborhood park, picnic areas, children's play area, greenway, recreational trails, soccer fields, ball fields, bike paths or similar passive recreational facilities, which provide a feature of community-wide significance and enhance residential development. Golf courses are not allowed in the dedicated open space. In order to preserve a reasonable proportion of the natural areas, no more than 50 percent of the dedicated open space shall be utilized for these recreational facilities.

(9)

Created natural features. If the site lacks significant existing natural features, the Township encourages the creation of native woodland features, natural vegetation (e.g., prairie meadows), and/or manmade wetlands not used as a part of the stormwater management system, and these may be included in the dedicated open space.

(10)

Farming operations. In A-1, A-R and R-C districts, farming operations as permitted in article IV, division 2 of this chapter may be included in an OSPC and land dedicated to farm operations can be counted as dedicated open space.

(11)

Areas not considered dedicated open space. The following land areas shall not be included as dedicated open space for the purpose of this article:

a.

The area of any private or public street right-of-way.

b.

Any lot including the required setbacks surrounding a residential structure.

c.

Stormwater detention and treatment areas.

d.

Primary conservation areas.

(12)

Homeowners' association. The dedicated open space, primary conservation areas, other undivided common areas and associated facilities shall be held in common ownership by a homeowners' association. For site condominiums, the homeowners' association is equivalent to the condominium association. The association shall be formed and operated under principles approved by the Planning Commission including the following:

a.

The applicant shall provide a description of the association, including its articles of incorporation and bylaws and a dedicated open space maintenance plan documenting methods for maintaining the open space and ensuring the integrity of the dominant natural features.

b.

The association shall be organized by the applicant or owner and shall be operated with a financial subsidy from the applicant, or owner, before the sale of any lots within the development.

c.

Membership in the association shall be automatic and mandatory for all purchasers of property within the proposed development and their successors. The conditions and timing of transferring control of the association from the applicant to homeowners shall be identified.

d.

The members of the association shall share equitably the costs of maintaining undivided open space. Shares shall be defined within the association bylaws, and assessments for maintenance shall be a lien on the land.

e.

The homeowners' association shall be responsible for payment of any property taxes and maintenance of all common open space areas and facilities under its control, and maintenance of liability insurance and similar duties of ownership.

f.

The homeowners' association may lease open space lands to any other qualified person, or entity, for operation and maintenance of farmlands in accordance with the approved OSPC site plan, but such a lease agreement shall provide:

1.

That the residents of the development shall at all times have access to the open space lands contained therein (except croplands during growing season or in areas containing livestock);

2.

That the undivided open space to be leased shall be maintained for the purposes set forth in this section; and

3.

That the lease shall be in accordance with the approved OSPC site plan and memorandum of lease recorded and shall be subject to the approval of the Township Board and any transfer or assignment of the lease shall be further subject to the approval of the Township Board. A copy of the lease and the recorded memorandum shall be filed with the Township.

(d)

Density calculations. The maximum permitted density in an OSPC shall be equal to the product of the total buildable area defined in article II of this chapter multiplied by the density multiplication factor provided in Table 1 to determine the maximum number of dwelling units permitted for the specific zoning district. Lots may vary in size but in no case shall any lot area be less than the minimum lot size provided in Table 1 for the specific zoning district.

(e)

Design standards.

(1)

Natural features preservation. The proposed development shall be designed to promote the preservation of natural features. Individual lots, buildings, streets and parking areas shall be designed and situated to minimize alteration of the natural environment.

(2)

Location of lots. Residential lots shall be laid out, to the greatest extent feasible, to achieve the following objectives:

a.

Minimize alteration of the natural environment;

b.

Use the most suitable soils for subsurface septic disposal, in those proposed developments located outside the public water/sewer districts as defined by the master plan;

c.

Maximize scenic vistas, as seen from public roadways.

(3)

Area and placement regulations. The following design parameters shall be used to establish setbacks:

a.

Front, rear and side yard setbacks shall be staggered to provide for maximum variety in the size of such yards.

b.

The minimum ground floor coverage, floor area ratio, lot widths, and front, side, rear and corner yard setbacks are given in Table 2. The minimum distance between dwelling structures shall be 30 feet.

c.

In areas outside the public water/sewer districts as defined by the master plan, dwelling placement on a lot shall be as far as possible from primary conservation areas or agriculture areas but in no case shall they be closer than 100 feet from these areas.

TABLE 2

(4)

Open space between clusters. Dedicated open space between clusters of residential dwellings, including those spaces used as recreation areas, shall be at least 100 feet wide.

(5)

Landscaping and buffering.

a.

Landscaped or native vegetative cover shall provide a screened buffer between dwellings and neighboring properties.

b.

Where the OSPC abuts an adjacent single-family residential use, the Planning Commission may require a transition setback. Grading within the transition area shall be minimal unless needed to provide effective buffering or accommodate drainage. If the grade change adjacent to single-family residential is to be varied by more than three feet, the site plan shall include cross sections illustrating existing and proposed grades in relation to existing and proposed building heights. Perspective renderings from adjacent residential units are encouraged. The Planning Commission may require that the transition area consist of one or more of the following:

1.

Woodlands, natural features or a landscaped greenbelt sufficient to provide an obscuring effect;

2.

Open or recreation space;

3.

Significant changes in topography, which provide an effective buffer.

c.

Buffer zones at least 100 feet wide shall be required between residential areas and agricultural areas in an OSPC. Buffers shall be planted with fast growing native shrubs and trees to create an effective barrier separating yards from fields and pastures.

(6)

Dwelling placement. Dwelling placement shall be planned to screen homes from off-site vantage points, away from environmentally sensitive areas, existing agricultural areas, sites suitable for open space and upwind from areas subject to land management practices that may cause dust, noise, smoke, odors or similar problems.

(7)

Preserving road frontage. In areas outside the public water/sewer districts as defined by the master plan, all dwellings and accessory structures shall be no less than 100 feet from the edge of the major arterial and that 100-foot wide area shall be maintained in native plants and trees so as to create a buffer between the roadway and the environment.

(8)

Septic tanks and fields. The placement of septic tanks and fields shall comply with the requirements of the County Department of Environment and Infrastructure Service (WCEIS). Drain fields may be placed in dedicated open space or transition areas if permitted by the WCEIS.

(9)

Road access. Direct access onto a County road or State highway shall be required for an OSPC which shall also meet or exceed the access standards contained in section 74-11.

(10)

Internal roads. Internal roads within an OSPC may be public or private.

a.

The Township encourages construction of private roads for access and circulation. Private roadways within an OSPC must meet the design requirements of chapter 46, article II, private roads. The Planning Commission may recommend to the Township Board granting a variance from these requirements, if all of the following findings are made:

1.

There is no potential for the road to connect with abutting land or be extended to serve additional land in the future.

2.

Significant natural features such as mature trees, natural slopes, wetlands or other water bodies would be preserved through allowing a variance from the private road standards.

b.

Both sides of all internal roads shall be landscaped with street trees. For road frontages of individual lots, a minimum of two canopy trees shall be provided per lot. For sections of road that do not abut residential lots, one canopy tree shall be provided on each side for every 50 feet of road frontage. Existing trees that are preserved and that are located within the right-of-way or road easement and those that are outside these areas but within five feet of the road right-of-way or road easement line may be credited towards meeting this requirement.

(11)

Pedestrian access. The OSPC site plan shall provide pedestrian access to all nonagricultural open space areas from all residential areas, connections between open space areas, public thoroughfares, and connections between appropriate on-site and off-site uses. Trails within the OSPC may be constructed of gravel, woodchip or other similar material, but the Planning Commission may require construction of eight-foot wide asphalt bike paths through portions of the proposed development or along any public right-of-way abutting the OSPC. Locations for school bus stops shall be provided on the site plan.

(12)

Historic structures. When a proposed development contains structures or buildings deemed to be of historic, cultural, or architectural significance, as determined by the Planning Commission, and if suitable for rehabilitation, the structures shall be retained. Adaptive reuse of existing structures for residential use or permitted accessory residential uses shall be permitted.

(f)

Regulatory flexibility.

(1)

Modifications to zoning requirements. To encourage flexibility and creativity consistent with the intent of the OSPC, the Planning Commission may grant specific departures from the following requirements of this chapter as a part of the approval process: setback, off street parking, yard and lot widths. These requirements may be modified if the modifications result in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features or farmland. The applicant shall provide sufficient evidence for the Planning Commission to make a finding that such departures from the requirements are justified by unique topographic conditions, vegetation, grades, or to preserve natural features and open areas. Any regulatory modification shall require Township Board approval after Planning Commission recommendation and findings that the modification shall fulfill the intent of this article. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals.

(2)

Table of proposed modifications. The applicant shall provide a table on the site plan specifying the details of all proposed modifications, including the otherwise applicable ordinance requirements, the rationale for the requested modifications, and the mechanisms to be used to protect the public health, safety and welfare in lieu of the requirements. Only those modifications consistent with the intent of this article shall be considered.

(g)

Application procedures and final site plan requirements. If an applicant chooses to develop the land using the OSPC option, the following application and review processes apply:

(1)

Preapplication conference. The applicant shall request a preapplication conference to discuss the OSPC zoning, using the procedures outlined in section 74-542(c), preapplication conference.

(2)

Application and preliminary site plan requirements.

a.

Any person with legal interest in the lot may apply for an OSPC preliminary site plan review. The applicant shall file completed forms and information consistent with article II, division 4 of this chapter with the Township Clerk. The Clerk, upon receipt of the application and fees, shall transmit the preliminary site plan to the Planning Commission at least 20 calendar days prior to its meeting.

b.

After confirming that the application is complete and that the applicant has provided all required information, the Planning Commission shall establish a public hearing. The Clerk shall give notice of the application consistent with the standards established in section 74-308(b). The Planning Commission, within 135 days of the public hearing, shall approve or reject the preliminary site plan. The standards applied by the Planning Commission shall be those in subsection (h) of this section and article II, division 4 of this chapter. The Planning Commission shall develop an OSPC development agreement between the Township and the applicant. The applicant must approve the development agreement prior to proceeding to the final site plan stage. The Planning Commission may require changes in the site plan, and may attach conditions to its approval. The Planning Commission shall advise the applicant in writing of its actions on a preliminary site plan. The Planning Commission may extend the time limit up to an additional 135 days if additional information or analysis is required. The time limit may also be extended upon a written request by the applicant and approval by the Planning Commission. The Planning Commission shall transmit the approved OSPC preliminary site plan and development agreement to the Township Board for information.

(3)

Final site plan requirements. The applicant shall submit a final site plan for review and action by the Planning Commission for each phase of an OSPC as delineated on the approved site plan. Each final site plan shall be submitted and reviewed and shall meet all provisions of subsection (h) of this section and section 74-174, final site plan. The Planning Commission shall transmit the approved final site plan to the Township Board for information.

(4)

Subdivision plats. If an OSPC is developed as a subdivision plat the procedures defined in chapter 58, subdivisions and land divisions, shall apply.

(5)

Site condominium. If an OSPC is developed as a site condominium, the procedures of section 74-601 shall apply.

(h)

Project standards. In considering any application for approval of an OSPC petition and site plan or plat, the Planning Commission shall determine and shall provide evidence in its report to the Township Board that the application and site plan meets the following standards:

(1)

Compliance with the OSPC principles, requirements and design standards. That the overall design and land uses proposed in connection with an OSPC complies with the intent, principles and requirements of the OSPC district, and the specific design standards set forth in this section.

(2)

Accessory uses and structures compatible with adjacent uses. That the proposed location of accessory uses or structures which are of a significantly different scale or character than an abutting residential district, such as access drives, parking areas, solid waste pickup points, swimming pools, tennis courts, and facilities of a similar nature, are compatible with adjacent uses, or are not located near the boundary of the proposed development, or are located so as to not negatively impact the residential uses of adjacent lands. The proposed OSPC site plan shall set forth in detail all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design features that exhibit due regard for the relationship of the proposed development to surrounding properties, the character of the site, and the land uses. In determining whether this requirement has been met, the Planning Commission shall consider:

a.

The bulk and placement of proposed structures;

b.

Pedestrian and vehicular circulation;

c.

The location and screening of vehicular use or parking areas;

d.

Landscaping and other site amenities.

(3)

Minimal public infrastructure impact. That the OSPC is designed to minimize the impact of traffic generated by the proposed development on surrounding uses, and that the OSPC is adequately served by public facilities and services such as: highways, streets, police and fire protection, drainage courses, water and sanitary sewers (unless outside the public water and sewer areas), and refuse disposal, unless the persons or agencies responsible for the OSPC are able to provide any such facilities and services in a manner acceptable to the Planning Commission.

(4)

Protection of natural environment. That the OSPC protects the natural environment, complies with all applicable environmental protection laws and regulations, and preserves natural features as defined in chapter 18 of the Ann Arbor Township Land Development Standards to the maximum extent feasible. If animal or plant habitats of significant value exist on the site, the Planning Commission may, as a condition of approval, require that the OSPC site plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas. The proposed development shall follow the design standards provided in chapter 18 of the Ann Arbor Township Land Development Standards.

(5)

Compliance with applicable regulations. That the OSPC complies with all applicable Federal, State, and local regulations.

(6)

Compliance with Township Master Plan. That the OSPC is consistent with and furthers the implementation of the Township Master Plan.

(i)

Conditions. The Planning Commission may require the applicant to meet reasonable conditions prior to the approval of the OSPC, in order to:

(1)

Ensure that public services and facilities affected by the OSPC will be capable of accommodating increased service and facility loads caused by the OSPC;

(2)

Protect the natural environment;

(3)

Protect farmland;

(4)

Conserve natural resources and energy;

(5)

Ensure compatibility with adjacent uses of land, and promote the use of land in a socially and economically desirable manner;

(6)

Further the implementation of the Township master plan; and

(7)

Protect the public health, safety and welfare of individuals in the OSPC or those immediately adjacent to it.

All conditions imposed shall be made a part of the record of the approval, and the OSPC development agreement.

(j)

Recording of action. The applicant shall record an affidavit with the County Register of Deeds containing the full legal description of the proposed development site, specifying the date of final Township approval, and declaring that all improvements will be carried out in accordance with the approved OSPC site plan, unless an amendment is adopted by the Township. In addition, all deed restrictions and easements shall be recorded with the County Register of Deeds and copies of recorded documents presented to the Township. In accordance with section 74-542(d)(1)i, after approval by the Township Board, an OSPC agreement shall be signed and recorded.

(k)

Permits. Following approval of the OSPC final site plan and final approval of the engineering plans by the Township Engineer, the applicant may apply for grading and building permits. For an OSPC that is a subdivision plat, the applicant may apply for grading and building permits only after the Township and all other applicable agencies approve the plat. It is the applicant's responsibility to obtain all other applicable Township, County, State, and Federal permits.

(l)

Initiation of construction. If the applicant or its successor has not commenced construction within 18 months of final OSPC approval, all Township approvals become null and void, unless the Planning Commission approves an extension. The applicant may apply in writing to the Planning Commission for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

(m)

Continuing adherence to plan. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this chapter and shall be subject to the penalties for same.

(n)

Phasing.

(1)

Scheduled phasing. When the applicant proposes to phase construction, the proposed development shall be designed to allow each phase to function fully as to services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the OSPC and the residents of the surrounding area.

(2)

Timing of phases. The applicant or its successor shall commence each phase of the proposed development within 12 months of the schedule set forth on the approved site plan. If the applicant or its successor fails to commence construction of any phase within the approved time period, approval of the plan shall become null and void unless the Planning Commission approves an extension.

(o)

Revision of approved plans.

(1)

Minor changes. Minor changes to an approved OSPC may be permitted by the Planning Commission following normal site plan review procedures outlined in article II, division 4 of this chapter for the following:

a.

Reduction of density;

b.

Changing non-single-family dwelling units to single-family dwelling units;

c.

Realignment of roads;

d.

Modifications to setbacks;

e.

Increasing the amount of open space;

f.

Changing landscaping, provided the number of plantings is not decreased;

g.

Changing the size of detention ponds by no more than ten percent; and

h.

Changing the phasing plan.

(2)

Required findings for minor changes. Minor changes shall be subject to the finding of all of the following:

a.

Such changes will not adversely affect the initial basis for granting approval;

b.

Such changes will not adversely affect the overall OSPC in light of the intent and purpose of such development as set forth in this article; and

c.

Such changes shall not result in the reduction of dedicated open space area as required in this section.

(p)

Major revisions. Approved plans for an OSPC that do not qualify as minor under subsection (o)(1) of this section may be revised by resubmitting a revised OSPC site plan for approval following the procedures of subsection (g) of this section.

(Comp. Ords. 1990, §§ 130.1001, 130.1002; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 2-02, 2-4-2002; Ord. No. 7-02, 11-18-2002; Ord. No. 5-2005, 7-18-2005)

(a)

Location of an RRA district. An RRA district shall be located in areas of the Township designated in the Township's Master Plan as suitable and desirable for research and technology uses. A petition for an RRA district in all other locations shall either follow, or proceed simultaneously with, an amendment to the master plan.

(b)

Permitted uses. Uses in an RRA district shall be limited to those listed on the approved area plan, approved preliminary site plan, or approved final site plan, whichever is applicable. No other uses shall be permitted unless the applicable plans are amended in accordance with this chapter. Uses in an RRA district shall be selected from the following:

(1)

Permitted principal uses.

a.

Research, development, and testing facilities for industrial, scientific, and business establishments.

b.

Administrative, professional, and business offices of permitted principal uses; and corporate headquarters offices.

c.

Production of prototype products.

d.

Pilot plants for testing of manufacturing processes related to or resulting from other uses permitted in this district.

e.

Production facilities and operations with a high degree of scientific input, and determined to be an integral part of or essential to a permitted research operation.

f.

Manufacture of industrial controls; electronic components and accessories; measuring, analyzing and controlling instruments; photographic (except chemicals and sensitized materials), medical, and optical goods.

g.

Agricultural uses, as permitted in the A-1 district, but only as interim uses prior to the development of land for the uses permitted herein.

h.

Transmission and distribution lines, pipelines, and structures of public utility companies.

i.

Fire, police, and ambulance stations; other public buildings.

(2)

Permitted accessory uses.

a.

Technical and business schools; recreation facilities, both indoor and outdoor, and post offices.

b.

Uses incidental to and in support of permitted uses such as cafeterias and shops. Any such use shall be located on the lot of the principal use which it serves; shall be conducted primarily for the convenience of its own employees; shall be wholly within a building; and shall have no exterior advertising or display. For purposes of the section, such uses shall be referred to as a service center.

c.

Operations required to maintain or support any use permitted above, on the same lot as the permitted use, such as maintenance shops, power plants, and government facilities.

d.

Living quarters for security and maintenance personnel only within or integral with a principal building.

e.

Small-scale SES.

(3)

Conditional uses.

a.

Wireless communications facilities.

b.

Large-scale SES.

(c)

Density regulations. For all uses except service centers:

(1)

Ground floor coverage (GFC) for any lot shall not exceed 15 percent.

(2)

Floor area ratio (FAR) for any lot shall not exceed 0.30.

(d)

Minimum area requirements. The minimum area of land for initial designation in this district shall be 200 acres. Any parcel of land, regardless of area, may be added to the initial land if contiguous thereto and if the area plan is amended accordingly. The minimum area of a lot within this district shall be five acres.

(e)

Required yards.

(1)

For all uses except service centers:

a.

A yard at least 75 feet wide shall be required but a yard up to 100 feet wide may be required along an existing or future public street right-of-way.

b.

A yard at least 75 feet wide shall be provided along any perimeter of this district which does not abut a public street, except where the adjacent property is designated by the Township's Master Plan for agricultural or residential uses, in which case the yard shall be at least 100 feet wide.

c.

The following minimum yards shall be provided for each lot which is not subject to the yard requirements of subsections (e)(1)a and (e)(1)b of this section:

1.

Front: 75 feet.

2.

Side, interior: 50 feet one side; 150 feet total.

3.

Side, corner: 75 feet.

4.

Rear: 75 feet.

(2)

Larger minimum yards may be required at the time of preliminary site plan approval for a building exceeding three stories or 35 feet in height. The requirements shall be based on consideration of natural light, air circulation, solar access, and other effects on adjacent buildings or properties.

(3)

Minimum yard requirements shall apply to all buildings and structures, drives, and parking and loading areas. Drives may cross required yards.

(4)

The preceding yard requirements, except those in subsection (e)(1)a of this section, may be reduced as part of the approved preliminary site plan. The reduction shall be based on findings that topographic conditions, existing trees and other vegetation, proposed land grading and plant materials, or other existing or proposed site conditions perform the same function as the required yards.

(5)

All required yards shall be landscaped and adequately and permanently maintained. The yards required in subsection (e)(1)b of this section shall be landscaped and developed so as to function as a buffer between this district and abutting properties.

(f)

Distance between buildings. The location of buildings and uses, and distances between buildings, shall be as shown on the preliminary site plan. Distances between buildings shall be sufficient to meet fire regulations, and to provide for natural light, air circulation, and solar access.

(g)

Height limits. Height limit zones shall be delineated on the area plan. The zones shall be based on considerations of topography, natural light, air circulation, views, solar access, relation to neighboring buildings, and fire protection and safety. The proposed height of each building shall be shown on the preliminary site plan. No building shall exceed six stories in height above grade.

(h)

Parking and loading requirements. Parking and loading facilities shall be provided in accordance with article VIII of this chapter except that the size of parking spaces may be reduced to not less than nine feet wide and 18 feet long, if approved as part of approval of the preliminary site plan. Notwithstanding requirements of article VIII of this chapter, the number of parking spaces required for office and research uses shall be based on the rate of one space for each 300 square feet of floor area. The number of parking spaces required may be reduced by the Planning Commission as part of its approval of a preliminary site plan. The reduction may be approved upon the petitioner showing, to the Planning Commission's satisfaction, that the number of spaces provided will be adequate. The Planning Commission may establish a maximum number of parking spaces that may be placed on a lot. Loading areas shall be screened from view from any street or property line.

(i)

Outdoor operations. Outdoor storage or display of vehicles, equipment, supplies, goods, materials, or products; outdoor processing, assembly, repair; or operating equipment outdoors for testing purposes, where potential exists for causing or having an adverse impact on neighboring properties shall only be permitted after evaluation and approval by the Planning Commission using the standards below.

(1)

The activity or use shall occur in a permanent, designated location on the site. This location shall not be in any required yard.

(2)

The designated location shall be screened from off-site view on all sides.

(3)

The activity or use shall meet the performance standards listed in Section 74-545(l) Performance Standards.

(j)

Landscaping. Landscaping shall be provided in accordance with the approved final site plan for each lot. All parts of each lot not developed with buildings, drives, parking and loading areas, and similar improvements shall either be maintained in a natural state or shall be landscaped with grass or other ground cover, shrubbery, trees, bushes, vines, or other suitable plantings. Parking lots shall be landscaped so as to reduce heat and glare, to divide parking lots into smaller units, and to buffer adjacent areas, where necessary. All plantings shall be live and shall be properly and regularly maintained. Dead or dying materials shall be replaced in accordance with approved plans.

(k)

Signs. Each road entry to this district and each lot in this district may have an identification sign as provided in section 74-836, except that such signs shall not exceed 100 square feet in area, and may be located in a required yard, but not less than one-half the required setback from a street or property line. Signs for a service center shall meet the requirements of a shopping center as provided in section 74-836(a). Billboards shall not be permitted in this district.

(l)

Performance standards.

(1)

Intent. It is the intent of this subsection to require that each permitted use shall be a good neighbor to adjoining properties by control of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity, etc.

(2)

Compliance. The performance standards set forth in subsection (m)(4) of this section shall be complied with and any use which fails to comply with the standards shall be in violation of this chapter and be subject to penalties as accorded by law. In case of conflict among these standards and federal and state regulations, the most restrictive standard or regulation shall apply. The Township Board may enforce any such standard or regulation.

(3)

Effects of concurrent operations. The sum of the effects of concurrent operations on two or more lots measured at any property line shall not be greater or more offensive to the senses than the standards contained in this subsection. Compliance with the provisions of this subsection by single or mutual changes in operational levels, scheduling of operations, and other adjustments is permitted.

(4)

Standards.

a.

Noise. Noise shall be measured on any property line of the lot on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity. At the property line the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Tables 1 and 2 in any octave band frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. (American Standards sound level meters for Measurement of Noise and Other Sounds, Z24.3-1944, and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y., shall be used.)

TABLE 1

Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility.

*  According to the following formula:

P1 = 10 log P2

(Where P1 is the Sound Pressure Level in Decibels and P2 = 0.0002 dynes/dm2)

†  To avoid possible interference with animal experiments.

If the noise is not smooth and continuous, one or more of the corrections in Table 2 shall be added to or subtracted from each of the decibel levels given above in Table 1.

TABLE 2

*  Apply one of these corrections only.

b.

Odors. Odors from any use shall not be discernible at the property line to a greater degree than odors from plants for the manufacture of electronic equipment. The values given in Table III (Odor Thresholds) in the latest revision of Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C., copyright 1951, shall be used as the standard in case of doubt concerning the character of odors emitted. In such case the smallest value given in Table III shall be the maximum odor permitted. Detailed plans for the prevention of odors crossing property lines may be required before approval of a final site by the Planning Commission.

c.

Glare. Glare, whether direct or reflected, such as from floodlights, or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.

d.

Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.

e.

Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour. Vibration at any time shall not produce at any time an acceleration of more than 0.1 gravities or shall not result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of such Bulletin No. 442 shall be used to compute all values for the enforcement of this provision.

f.

Smoke. The measurement of smoke shall be at the point of emission. The Ringelmann Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 on such chart may be emitted except that smoke not darker or more opaque than No. 2 on such chart may be emitted for periods not longer than four minutes in any 30-minute period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. The provisions of paragraph (m)(4)g of this section shall apply to smoke.

g.

Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. The provisions of paragraph (m)(4)k of this section shall apply to dust.

h.

Gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards—Maximum Allowable Concentration for eight hour day, five days per week), Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposures to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, "Physiological Effects," that contains such tables, in the "Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before approval of a final site plan by the Planning Commission. The provisions of paragraph (m)(4)k of this section shall apply to gases.

i.

Hazard. Operations shall be carried on with reasonable precautions against fire and explosion hazards.

j.

Radiation. Operations shall cause no dangerous radiation, as specified by the regulations of the United States Nuclear Regulatory commission, at the property line.

k.

Radioactivity. Operations shall cause no radioactivity at any property line in violation of Title 10, Chapter 1, part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated January 16, 1957, or any subsequent revision or amendment thereof, and any applicable regulations of the state.

l.

Electrical radiation. Electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.

m.

Waste. All sewage and industrial wastes shall be handled, stored, treated, and/or disposed of in compliance with all federal and state laws and regulations.

(m)

Procedures and general provisions.

(1)

Petition requirements.

a.

Procedures.

1.

A petition for this district shall be filed and processed as provided in article II, division 7 of this chapter, amendments. The petition shall include an area plan and all information required in section 74-309.

2.

At the public hearing the petitioner shall present evidence regarding the following characteristics of the proposed development:

i.

The general character and substance;

ii.

Objectives and purpose to be served;

iii.

Compliance with all applicable Township ordinances, regulations, and standards;

iv.

Scale and scope of development proposed;

v.

Development schedules;

vi.

Compliance with the master plan of the Township.

The Planning Commission may require that the petitioner provide information for the public hearing concerning economic feasibility of the proposed uses, community impact in terms of streets and traffic, schools, recreation facilities, and costs/revenues for the Township; and environmental analysis. Evidence and expert opinion shall be submitted by the petitioner in the form of maps, charts, reports, models, or other materials, and in the form of testimony by experts as will clearly state the full nature and extent of the proposal. Materials shall be submitted in sufficient quantity for public display and for review by the Planning Commission and other Township officials at least two weeks prior to the public hearing.

3.

The Township Board shall attach appropriate conditions to its approval of a petition, including conditions concerning expiration dates, as provided in subsection (m)(8) of this section.

b.

Information required for area plan.

1.

Density for each use area of the site.

2.

Location, size, and uses of open space.

3.

General description of the organization to be utilized to own and maintain common areas and facilities.

4.

General description of covenants or other restrictions; easements for public utilities.

5.

Description of the petitioner's intentions regarding selling or leasing of land.

6.

Listing of all proposed uses.

7.

General landscape concept showing tree masses to be preserved or added, buffer areas, and similar features.

8.

Delineation of areas to be platted under the Land Division Act (MCL 560.101 et seq.).

9.

Location and description of site; dimensions and areas.

10.

Scale, north arrow, date of plan.

11.

Existing zoning of site; existing land use and zoning of adjacent parcels; location of adjacent buildings, drives, and streets.

12.

General description of proposed water, sanitary sewer, and storm drainage systems.

13.

Existing natural and manmade features to be preserved or removed; location of existing structures, streets, and drives; location, width, and purpose of existing easements and proposed major easements.

14.

All adjacent property in which the petitioner and owners of land in this district have any ownership interest.

15.

Location, type, and land area of each proposed land use.

16.

General location, function, surface width, and right-of-way of proposed public streets; general location and surface width of major private streets/drives.

17.

Approximate number of parking spaces to be provided in each development area.

18.

Location and area of each development phase; summary of land use information for each phase.

c.

Standards for petition review. In place of the findings required in section 74-310, the Planning Commission shall determine, and shall provide evidence of its determinations in its report to the Township Board, that the petition meets the following standards:

1.

The proposed development shall conform to the master plan, or represent land use policy which, in the Planning Commission's opinion, is a logical and acceptable change in the master plan.

2.

The proposed development shall conform to the intent and all regulations and standards of this district.

3.

The proposed development shall be adequately served by public facilities and services such as but not limited to: streets, police and fire protection, drainage facilities, water and sanitary sewer facilities, refuse disposal, and sidewalks; or that the persons or agencies responsible for the proposed development shall be able to properly provide such facilities and services.

4.

Common open space, other common properties and facilities, individual properties, and all other elements are so planned that they will achieve a unified open space system, with open space and all other elements in appropriate locations, properly related to each other, the site, and surrounding lands.

5.

Open space and common areas shall be irrevocably committed for that purpose. Provisions shall be made for financing of improvements shown on the plan for open space and other common areas, and proper maintenance of such improvements shall be assured.

6.

The proposed development shall create a minimum disturbance to natural features and land forms.

7.

Traffic to, from, and within the site will not be hazardous or inconvenient to the district or to the neighborhood. In applying this standard the Planning Commission shall consider, among other things: convenient routes for pedestrian traffic; relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the neighborhood.

8.

Streets shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets. The plan shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable.

9.

Pedestrian circulation shall be provided within the site, and shall interconnect all use areas, where applicable. The pedestrian system shall provide for a logical extension of pedestrian ways outside the site and to the edges of the site, where applicable.

10.

The Planning Commission shall determine, where applicable, that noise, odor, light, or other external effects which are connected with the proposed uses will not adversely affect existing or future adjacent and neighboring lands and uses.

d.

Effect of approval of petition. Approval of the petition by the Township Board shall have the following effects:

1.

Approval shall confer a right to the landowner that the zoning regulations as they apply to the land in the petition shall not be changed within the time periods provided in subsections (m)(7) and (8) of this section.

2.

Approval shall indicate acceptance of uses, layout of streets, densities, location and extent of open space, and all other elements of the area plan.

3.

Approval shall authorize applications for review or preliminary site plans.

4.

Approval shall authorize the applicant to file applications for review of preliminary plats for tentative approval.

5.

No deviations from the area plan approved by the Township Board, or from any condition of approval, shall be permitted except through amendment or revision as provided in this section.

(2)

Preliminary site plan requirements. A preliminary site plan shall be submitted for approval for each phase of development as delineated on the approved area plan. Preliminary site plans shall meet all applicable provisions of article II, division 4 of this chapter, site plan review, and shall conform to the approved area plan and all conditions attached thereto.

(3)

Final site plan requirements. A final site plan shall be submitted for approval for each development shown on an approved preliminary site plan. Each final site plan shall meet all applicable provisions of article II, division 4 of this chapter, site plan review. Final site plans shall conform to the approved area plan and to all conditions attached thereto, or to the approved preliminary site plan and all conditions attached thereto, whichever is applicable.

(4)

Phasing. Development may be phased as delineated on the approved area plan, subject to the following requirements:

a.

A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrian access, adequate utility services, and open spaces and recreation facilities.

b.

The Township Board, upon recommendation of the Planning Commission, may require that the development be phased so that tax and fee revenues resulting from such development will generally balance the expenditures required by public agencies to properly service that development; so that overloading of utility services and community facilities will not result; and so that the various amenities and services necessary to provide a safe, convenient, and healthful environment will be available upon completion of any one phase. The Planning Commission may require the petitioner to provide information necessary to properly and adequately analyze a petition for recommendation to the Township Board with respect to this requirement.

c.

Development shall be started and shall be diligently pursued in the manner and sequence shown on the approved area plan.

(5)

Common areas and facilities.

a.

The location, extent, and purpose of all common areas and facilities shall be identified on the area plan and on preliminary and final site plans. All such areas and facilities which are to be conveyed to any agency shall be identified accordingly on the final site plan.

b.

All public areas and facilities which are to be dedicated to a public agency shall be so dedicated prior to approval of a final site plan or a final plat, unless a binding agreement approved by the Township Attorney and Township Board is provided in lieu of dedication.

c.

Legal instruments setting forth the manner of permanent maintenance of common areas and facilities shall be submitted to the Township Attorney for review before the Planning Commission approves a final site plan or the Township Board approves a final plat.

(6)

Amendment and revision.

a.

A developer may request a change in an approved area plan, an approved preliminary site plan, or an approved final site plan. A change in any approved plan which would result in a major change in the approved area plan shall require prior amendment of the approved area plan. All amendments shall follow the procedures required in this chapter for original submittal and review of a petition. A change which results in a minor change shall require revision to the approved plan and approval by the Planning Commission.

b.

A request for a change in an approved plan shall be made in writing to the Planning Commission and shall clearly state the reasons therefor. The Planning Commission, upon finding such request reasonable and valid, shall so notify the applicant, in writing, of such finding, whether the change is major or minor, and of the procedure to be followed. Following payment of the required fee, the developer shall submit the required information to the Planning Commission for review. If the approved plan is to be amended, the Planning Commission shall promptly notify the Township Board.

c.

The following changes shall be considered major, for which an amendment is required:

1.

Change in concept of the development as shown on the approved area plan;

2.

Change in use or character of the development as shown on the approved area plan;

3.

Increase in total floor area as shown on the approved area plan, of over five percent;

4.

Increase in lot coverage or FAR for the total development as shown on the approved area plan, of more than one percent;

5.

Rearrangement of land use areas as shown on the approved area plan;

6.

Change in the character or function of any street;

7.

Reduction in land area set aside for common open space, as shown on the approved area plan, or relocation of such area;

8.

Increase in building height above the limits established in the area plan;

9.

Change in the boundaries of the district and area plan.

d.

A developer may request approval of minor changes in any approved plan. The Planning Commission shall notify the Township Board and other applicable agencies of its approval of minor changes.

e.

The following changes shall be considered minor:

1.

An increase in total floor area, as shown on the approved area plan, of five percent or less;

2.

Minor variations in layout which do not constitute major changes;

3.

An increase in lot coverage or FAR for the total development, as shown on the approved area plan, of one percent or less;

4.

A change in phasing of the development.

f.

The Planning Commission shall have the authority to determine whether a requested change is major or minor, in accordance with this section. The burden shall be on the applicant to show good cause for any requested change.

(7)

Expiration of approvals.

a.

The Township Board may, at any time following five years after the date of approval of the petition, or such later time as might be specified in the conditions of approval, change the zoning classification of any or all parts of this district to one or more zoning districts as deemed appropriate by the Township Board. The Township Board may make such changes whether or not development is completed and shall follow all requirements of article II, division 7 of this chapter, amendments.

b.

Preliminary and final site plans shall expire as provided in article II, division 4 of this chapter, site plan review.

(8)

Conditions; expirations of approvals. The Township Board shall include, as a condition of approval, expiration dates as set forth in this section, or such later expiration dates as the Township Board may approve.

(9)

Extension of time limits. Time limits set forth in this section may be extended upon showing of good cause, and by written agreement between the applicant and the Township Board, in the case of area plans, and upon Planning Commission approval, in the case of preliminary and final site plans.

(10)

As-built drawings. As-built drawings shall be provided in accordance with article II, division 5 of this chapter, nonconformities.

(11)

Performance guarantees. Guarantees to assure completion of site improvements shall be provided in accordance with article II, division 4 of this chapter, site plan review.

(12)

Continuing applicability of regulations. The location of all uses and structures, the kinds of uses, all yards and buffer strips, and all other information regarding uses of properties as shown on an approved area plan, and on site plans and plats approved subsequently thereto, and all conditions of approval, shall have the full force and permanence of this chapter, as though such regulations were specifically set forth in this chapter. Such regulations shall be the continuing obligation of any subsequent interest in the land in this district, and shall not be changed except as approved through amendment or revision procedures as set forth herein.

(13)

Violations. Violations of any plan approved under this section or failure to comply with any requirement of this chapter, including conditions attached to an approved plan, shall be considered a violation of this chapter, as provided in article II, division 2 and section 74-183 of this chapter.

(Comp. Ords. 1990, § 130.1005; Ord. No. 08-2012, 11-19-2012; Ord. No. 4-2019, 12-16-2019)

(a)

Location of an OP district. An OP district shall be located in areas of the Township that are designated in the Township's Master Plan for office uses. A petition for an OP district in all other locations shall either follow, or proceed simultaneously with, an amendment to the master plan.

(b)

Permitted uses. Uses in an OP district shall be limited to those uses that are identified on the approved area plan, approved preliminary site plan, or approved final site plan, whichever is applicable. No other uses shall be permitted in the OP district unless the applicable plans are amended in accordance with this chapter. Uses that will be permitted in an office park shall be selected from the following list:

(1)

Permitted principal uses.

a.

Administrative, business, professional and governmental offices.

b.

Uses listed as permitted uses in the A-1 district.

c.

Transmission and distribution lines, pipelines, and structures of public utility companies.

d.

Fire, police and ambulance stations.

e.

Medical and dental clinics.

(2)

Permitted accessory uses.

a.

Recreation facilities, indoor and outdoor.

b.

Service uses, such as barbershops, beauty shops, gift shops, dry cleaning and laundry pickup stations, wearing apparel sales and alterations, financial services, photographic services, and similar uses, intended primarily for patronage by employees in the office park but with a need for additional sales to the people not employed in the office park, shall be permitted, provided the uses are located entirely within buildings containing a principal use and their total floor area shall not exceed two percent of the total floor area existing in the office park with valid certificates of occupancy.

c.

Living quarters for personnel employed on a farm located in an office park district.

d.

Day care facilities for children of employees in the office park only.

e.

Conference, seminar, and business training facilities.

f.

Helicopter landing/take-off pads and related facilities.

g.

Research and product development facilities.

h.

Radio and television receiving and transmitting facilities.

i.

Display facilities.

j.

Food services, intended primarily for patronage by employees in the office park, shall be permitted without limitation on their total floor area, provided the uses are located entirely within buildings containing principal uses, and any such food service shall not be advertised or promoted in any way for patronage by persons not employed in the office park.

k.

Operations and related buildings and structures required to maintain the grounds of an office park, or to maintain and support the permitted principal and accessory uses, such as maintenance shops, power plants, and storage buildings.

l.

Small-Scale SES.

(3)

Conditional uses. Large-Scale SES.

(c)

Density regulations. The following regulations shall apply to the entire land area within an office park, less any area within public street rights-of-way existing on the filing date of the petition to rezone the land to office park. Density regulations for individual lots shall be as shown on the area plan part of the approved office park zoning district.

(1)

The ground floor coverage (GFC) shall not exceed ten percent.

(2)

The floor area ratio (FAR) shall not exceed 0.10.

(d)

Minimum area requirements. The minimum area of land for initial designation in this district shall be 200 acres. Any parcel of land, regardless of area or dimension, may be added to the initial land if contiguous thereto and if the approved area plan is amended accordingly. The minimum area of a lot within this district shall be five acres.

(e)

Required yards.

(1)

A yard at least 75 feet wide shall be required along an existing or future public street right-of-way.

(2)

A yard at least 75 feet wide shall be provided along a perimeter of this district that does not abut a public street, except where the adjacent property is designated by the Township's Master Plan for residential use, in which case the yard shall be at least 100 feet wide.

(3)

The following minimum yards shall be provided for each lot that is not subject to the yard requirements of subsections (e)(1) and (2) of this section:

a.

Front: 75 feet.

b.

Side, interior: 50 feet.

c.

Side, corner: 75 feet.

d.

Rear: 50 feet.

For purposes of this section, a parcel of land that is described only for purposes of financing of building construction shall not be subject to these yard requirements, provided development of the parcel so described shall be consistent with the area plan part of the approved office park zoning district.

(4)

A building that is more than three floors or 35 feet high shall be set back from any lot line not less than the distances required in subsections (e)(1) through (e)(3) of this section or not less than the following distances, whichever result in the greater setbacks:

a.

Not less than one foot for each foot of building height from a street line;

b.

Not less that 1.5 feet for each foot of building height from an interior side or rear lot line.

(5)

Minimum yard requirements shall apply to all buildings and structures, drives, and parking and loading areas. Drives may cross required yards.

(6)

The preceding yard requirements, except those in subsections (e)(1) and (e)(4) of this section, may be reduced as part of the approved preliminary site plan. The reduction shall be based on findings that topographic conditions, existing trees or other vegetation, proposed land grading or plant materials, or other existing or proposed site conditions will perform the same function as the required yards.

(7)

All required yards shall be landscaped, and shall be adequately and regularly maintained. The yards required in subsection (e)(2) of this section, shall be developed and landscaped so as to function as a buffer between this district and abutting properties.

(f)

Distances between buildings. The permitted distances between buildings shall be as shown on the preliminary site plans, and shall be sufficient to meet fire regulations, and to provide for natural light, air circulation and solar access.

(g)

Height limits.

(1)

No building shall exceed a height of three floors and 45 feet unless a height exemption is approved by the Township Board as part of the area plan. The Planning Commission shall include a recommendation on the exemption in its report to the Township Board on the petition and area plan.

(2)

The exemption shall be based upon the following standards:

a.

The building height shall be based on an overall design concept for the office park.

b.

The building shall be properly related to the topography of the site and neighboring sites.

c.

The building shall not interfere with natural light, air circulation, and solar access of neighboring buildings or properties; with views from neighboring buildings or properties; and with aircraft flight patterns.

d.

Parking areas for the building shall be designed and landscaped with due consideration for the visual amenities of the site and the office park.

e.

The building height and location shall have been reviewed by the Township Fire Chief and a report thereon supplied to the Planning Commission.

(3)

Not more than one building that exceeds three floors and 45 feet in height shall be permitted on a lot.

(4)

Height limit zones shall be shown on the area plan. The proposed height of each building shall be shown on the preliminary site plan and shall not exceed the height limit established in the approved area plan, including height exemptions approved under this section.

(h)

Parking and loading requirements. Parking and loading facilities shall be provided in accordance with article VIII of this chapter, except that the size of parking spaces may be reduced to not less than nine feet wide and 18 feet long, if approved as part of approval of the preliminary site plan. Notwithstanding requirements of article VIII of this chapter, the number of spaces required for office and accessory service uses shall only be based on the rate of one space for each 300 square feet of office floor area. The number of parking spaces for all other uses, including medical and dental clinics, shall be provided in the number required for such uses in article VIII of this chapter. The number of parking and loading spaces required may be reduced by the Township Board, upon the petitioner's showing that the proposed number of spaces will be adequate and a recommendation from the Planning Commission, as part of the Township Board's approval of the rezoning petition. Parking spaces shall be provided only in surface parking lots or in underground structures; aboveground parking structures shall not be permitted in an office park district. The total number of surface parking spaces provided shall not exceed a rate of one space for each 300 square feet of total floor area in the office park, but in no case shall surface parking be provided in areas not shown for such use in the area plan part of the approved office park zoning district. Loading areas shall be screened from view from any street or property line.

(i)

Outdoor operations. The outdoor storage of vehicles, equipment, supplies, or products; outdoor repair; or outdoor display of goods, materials, products, equipment, or processes shall be prohibited. Trash and other waste materials shall be stored as provided in section 74-583(a), shall be screened from view from a street or adjacent lots, and shall not be located in a required yard.

(j)

Landscaping. Landscaping shall be provided in accordance with the approved final site plan for each lot. All parts of each lot not developed with buildings, drives, parking and loading areas, and similar improvements shall either be maintained in a natural state or shall be landscaped with grass or other ground cover, shrubbery, trees, bushes, vines, or other suitable plantings. Parking lots shall be landscaped so as to reduce heat and glare, to divide parking lots into smaller units, and to buffer adjacent areas, where necessary. All plantings shall be live and shall be properly and regularly maintained. Dead or dying materials shall be replaced in accordance with approved plans.

(k)

Signs. Signs shall comply with the regulations in article IX of this chapter, except that the following regulations shall apply, notwithstanding the provisions in article IX:

(1)

Sign setbacks shall not be less than one-half the required yards.

(2)

One freestanding identification sign for the office park shall be permitted along each public road frontage, including freeways, of the park. The area of each sign shall not exceed 80 square feet.

(3)

One freestanding identification sign, not more than 36 square feet in area, shall be permitted for each building, structure, or use area within the office park.

(4)

Outdoor advertising signs shall not be permitted in this district.

(l)

Procedures and general provisions. As set forth in section 74-545(n), RRA zoning district.

(Comp. Ords. 1990, § 130.1006; Ord. of 2-3-1984; Ord. No. 88-2, 7-11-1988; Ord. of 9-17-1990; Ord. No. 4-2019, 12-16-2019; Ord. No. 4-2021, 3-15-2021)

(a)

Intent. The purpose of this section is to establish an optional means for development of lands located in the agricultural production or open space preservation areas of the Township. It is the intent of this district to preserve agricultural lands by providing clustered residential development that offers an alternative to traditional subdivisions through the use of planned unit development legislation as authorized by the Zoning Enabling Act (Public Act 100 of 2006, as amended) for the purpose of:

(1)

Assuring the permanent preservation of agricultural lands, open spaces, scenic vistas, and natural features;

(2)

Encouraging a less sprawling form of development, thus preserving farmland as undeveloped land;

(3)

Preserving a critical mass of contiguous farmland to encourage continuation of crop and livestock production;

(4)

Allowing innovation and greater flexibility in the design of rural residential developments while discouraging land uses that would cause conflicts with farming operations;

(5)

Facilitating the construction and maintenance of streets, utilities, and public services in rural residential developments in a more economical and efficient manner; and

(6)

Ensuring compatibility of design and use between neighboring properties.

These regulations are intended to preserve agricultural lands, open spaces, natural features, and traditional rural character in the Township through the creation of small rural residential clusters mixed with farmland, open space and less intensive land uses. The regions of the Township for which this zoning district applies are areas designated in the Township Master Plan (formerly known as general development plan) for agricultural production or open space preservation. The density bonus described in the master plan for clustered residential development in the agricultural production area is only available through the agricultural preservation residential district described in this article.

In general, uses and activities that induce non-farm development, generate large amounts of traffic, require substantial parking, or pose a threat to agricultural land uses are inconsistent with the purposes of this district. Without limiting the forgoing, the following specific uses are deemed to have the effect of altering the essential character of this district and causing substantial and permanent impairment to the prevailing agricultural uses in the district and are not permitted: charitable, philanthropic institution, cemetery (human and animal), day care center or child care center, mineral mining, golf course, golf driving range, country club, schools (primary or secondary), and place of worship.

(b)

District general principles.

(1)

Zoning classification. The areas of the Township designated in the master plan as agricultural production or open space preservation are the only areas within which an APD may be established. The density bonus described in the master plan for clustered residential development in the agricultural production area is only available through the agricultural preservation residential district described in this section 74-547.

(2)

Approval of lots. Any division of land in an agricultural preservation residential district shall be in accordance with the zoning density provided in this article and shall be approved by one of the following means:

a.

Division by metes and bounds shall be approved by the Zoning Administrator in accordance with the Township Land Division Ordinance [chapter 58 of this Code]. The Zoning Administrator shall not approve any land division for an APD unless the requirements of this article are met.

b.

Division by subdivision plat in accordance with the approval process provided in the Township Subdivision Ordinance [chapter 58 of this Code] and the Township Zoning Ordinance [this chapter], including this article.

c.

Division by site condominium in accordance with the approval process provided in article V, section 74-601 of the Zoning Code and this article.

(3)

Guarantee of preservation. The dedicated open space shall in perpetuity remain in an undeveloped state, subject only to uses approved by the Township on the approved APD area plan. Further subdivision of dedicated open space or its use for purposes other than on the approved APD area plan shall be strictly prohibited. As part of the APD approval process, the applicant shall submit for review and approval by the Township Board a recordable conservation easement or use restriction which shall run with the land, which shall be binding on all future owners of the project, and which shall provide that the dedicated open space will be maintained, used and preserved in accordance with the approved APD. The form and content of the conservation easement and use restriction are further described in subsections (4) and (5) below.

(4)

Unified control. The proposed project, including the dedicated open space, shall be under single ownership or governance designed to ensure completion of the project, and continued maintenance, use and preservation of the dedicated open space in the manner approved. The applicant shall provide the proposed articles of incorporation and bylaws for the entity proposed for ownership or control of the dedicated open space, and the master deed, bylaws, covenants, restrictions, contracts or bonds that establish a mechanism for ensuring completion of the project and continued mainte-nance, use and preservation of dedicated open space in the manner approved. Notwithstanding the foregoing, after the approval of the Township, the dedicated open space may be transferred to the Township or another entity committed to ensuring continued farming of the agricultural land portion of the dedicated open space in the manner described in subsection (d)(10) below.

(5)

Township Master Plan. The proposed project shall be consistent with and shall further the implementation of the Township Master Plan.

(c)

Principal permitted uses and accessory uses, conditional uses and incompatible uses.

(1)

Principal permitted uses and accessory uses.

a.

Residential lots.

1.

Permitted uses. Detached single-family residential dwellings, two-family dwellings and townhouse dwellings are permitted in areas not a part of the common areas or dedicated open space, including home occupations.

2.

Accessory uses. Accessory uses, utilities and buildings incidental to the principal permitted uses as residential dwellings as allowed in the A-1 zoning district are allowed on residential lots or common areas.

b.

Dedicated open space; primary conservation areas.

1.

Permitted uses. Primary conservation areas and secondary conservation areas shall remain undisturbed and used only in accordance with the approved APD and any wetland permit or natural features use permit and any related conservation easement pursuant to the approved APD. Agricultural land uses are permitted uses within other portions of the dedicated open space subject to the terms of the conservation easement or use restrictions described in subsections (d)(4) and (d)(5) below. For land that is actively farmed, activities normally associated with agricultural land use are permitted in accordance with the Michigan Right to Farm Act.

2.

Accessory uses. Buildings and uses incidental to the permitted agricultural land uses, including roadside stands, signs, storage buildings, barns, silos, when part of a farming operation, and other accessory uses incidental to the permitted use are allowed in the agricultural lands portion of the dedicated open space.

(2)

Conditional uses. The following conditional uses may be allowed in the agricultural land portion of the dedicated open spaces using procedures and standards defined in article II, division 3, sections 74-131 through 74-138:

a.

Radio, television, cell towers.

b.

Transmission and distribution lines in new rights-of-way.

c.

Family farm-related businesses, such as the sale of incidental farm supplies, repairs and traditional arts and crafts; the farm-related business must be secondary to the farm operation.

(3)

Prohibited uses. Uses not specifically described in subsections (c)(1) and (c)(2), above, are prohibited.

(d)

Agricultural and open space requirements.

(1)

Use. All land within a project that is not devoted to a permitted or accessory residential use or agricultural land use, primary conservation area or secondary conservation area, vehicle access, vehicle parking, a roadway, a utility easement or an approved land improvement, shall be set aside as common area for recreation, conservation or preserved in an undeveloped state. Grading shall be minimal in the common area, with the intent to use existing topography.

(2)

Clustering. Dwelling units shall be grouped so that dedicated open space within a project is at least 80 percent of the total buildable area and such that at least 80 percent of the predevelopment tillable farmland will be permanently protected within the dedicated open space as one contiguous parcel to the extent possible.

(3)

Dedicated open space. The dedicated open space shall be located to preserve significant agricultural lands and secondarily to preserve significant natural features and to connect open spaces throughout the project with adjacent open space. Open space along the exterior public roads shall generally have a depth of at least 100 feet, either as farmland or landscaped with natural vegetation or preserved in a natural wooded condition. All non-farm vegetation shall be native to the area. The open space along the exterior public roads shall be agriculture or landscaped with a minimum of one tree for each 20 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into groupings to provide a natural appearance. Preservation of existing trees is preferred and may be credited towards meeting the frontage landscaping requirement.

(4)

Conservation easement or use restriction. The dedicated open space and the primary conservation areas shall be set aside by the developer through a permanent conservation easement established per the State of Michigan Conservation and Historic Preservation Act, Act 451 of 1994, as amended (MCL 324.2140 et seq.) ("conservation easement") or by a conveyance to the Township or other entity approved by the Township with restrictions on use consistent with the approved APD area plan ("use restriction"). Such conservation easement or use restriction shall be held by the Township or a recognized land trust or conservancy approved by the Township Board. It shall be in a form acceptable to the Township and duly recorded in the County Register of Deeds office. In the event the land trust or conservancy holding the conservation easement or land subject to the use restriction ceases to exist, the Township shall have the right to accept an assignment as grantee of the conservation easement or land subject to the use restriction or to designate another tax exempt organization dedicated to preservation of land as the grantee.

(5)

Purpose and content of conservation easement or use restriction. The conservation easement or use restriction shall assure that the dedicated open space, and the primary conservation areas, will be protected from all forms of development and used, maintained and preserved, in an undeveloped state, except as shown on the APD approved area plan. The conservation easement or use restriction shall:

a.

Require that farmland be continuously made available for agricultural land uses;

b.

Require a good faith effort by the landowner to farm the portion of the dedicated open space designated for agricultural use on the APD area plan or make such land available for farming by others;

c.

Provide for Township remedies in the event the agricultural land is not used for agricultural purposes;

d.

State the allowable use(s) of the dedicated open space and primary conservation easement areas;

e.

Require that the Township be notified in writing of any transfer of ownership or control of the dedicated open space;

f.

Prohibit the following within the dedicated open space (provided, however, on land that is actively farmed, activities normally associated with agricultural land use shall be permitted in accordance with the Michigan Right to Farm Act):

1.

Dumping or storing of any hazardous material or refuse;

2.

Any activity that may cause risk of soil erosion;

3.

Any use of motorized off-road vehicles;

4.

Cutting, filling or removal of vegetation, with the exception of removal of invasive species, from wetland areas;

5.

Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.

(6)

Connection to adjacent dedicated open space or area. The APD area plan shall provide for connections of the dedicated open space with adjacent dedicated open space, public land or existing or planned pedestrian or bike paths.

(7)

Agricultural maintenance plan. As part of the APD rezoning petition, the applicant shall provide an agricultural maintenance plan for review by the Township Planning Commission and approval by the Township Board. The agricultural maintenance plan shall be designed to ensure that the agricultural land shall be perpetually used for agricultural purposes.

(8)

Allowable structures. Structure(s) or building(s) described in (c)(1)b. above, accessory to the approved recreational, conservation or agricultural use may be erected within the dedicated open space, in accordance with the approved APD area plan. The total floor area of accessory building(s) shall not exceed, in the aggregate, one percent of the required dedicated open space area.

(9)

Areas not considered dedicated open space. The following land areas shall not [be] included as dedicated open space for the purpose of this article:

a.

The area of any private or public street right-of-way.

b.

Any lot including the required setbacks surrounding a residential structure.

c.

Stormwater basins, water treatment facilities, and sanitary sewer treatment facilities.

d.

Primary conservation areas.

(10)

Ownership of agricultural lands and continued availability of land for farming. The agricultural land included in the dedicated open space shall be continually made available for farming through recorded use restrictions or a conservation easement and through ownership or control by an entity that has made a demonstrated commitment to farming in the area. Woodlots and other natural areas, including primary conservation areas adjacent to the protected farmland may be owned by the owner of the agricultural land. The homeowners' association described in subsection (12) below is generally not a suitable owner of the agricultural land. Pursuant to the recorded conservation easement or use restrictions, the owner of the agricultural lands must agree that the agricultural land will be farmed by the owner or made available to others for agricultural purposes. Pursuant to the conservation easement or use restrictions, the Township shall have the right to enforce these provisions.

(11)

Agricultural disclosure. Agricultural lands within the ADP are used for commercial agricultural operations. To minimize conflict between such commercial agricultural operations and adjacent residential uses, the petitioner and current project owners shall agree, as part of the APD agreement described in subsection (k) below, to provide lot owners and the homeowners' association with the following agricultural disclosure:

"DISCLOSURE OF AGRICULTURAL CONDITIONS

"Lands within the Agricultural Preservation Residential District associated with and adjacent to your residence are used for commercial agricultural operation. Owners, residents and other users of this property or neighboring properties may be subject to inconvenience, discomfort and possible health concerns for susceptible individuals arising from normal and accepted agricultural practices and operations in accordance with Generally Accepted Agricultural Management Practices, including but not limited to, noise, odor, dust, the operation of machinery, the storage and disposal of manure, and the application of fertilizers, herbicides, and pesticides. Owners, residents and users of this property should be prepared to accept such inconveniences, discomfort and possible health concerns for susceptible individuals from agricultural operations in accordance with Generally Accepted Agricultural Management Practices, and are notified that such agricultural operations are protected in accordance with the Michigan Right to Farm Act."

(12)

Homeowners' association. The primary conservation areas, the secondary conservation areas and other common areas and associated facilities shall be held in common ownership by the homeowners' association. The homeowners' association articles of incorporation and bylaws shall be included in the APD plan submissions and shall be subject to review and recommendation by the Planning Commission and approval by the Township Board in accordance with the following:

a.

The petitioner shall provide a description of the homeowners' association and include in its articles of incorporation and bylaws methods for maintaining common areas, primary conservation easement areas and secondary easement areas, and ensuring the integrity of the dominant natural features.

b.

The homeowners' association shall be organized by the petitioner or the project owner and shall be operated with a financial subsidy from the petitioner, or the project owner, before the sale of any lots within the project.

c.

Membership in the homeowners' association shall be automatic and mandatory for all purchasers of lots in the project and their successors. The conditions and timing of transferring control of the homeowners' association from the project owner to lot owners shall be identified.

d.

The members of the homeowners' association shall share equitably the costs of maintaining the primary conservation areas, secondary conservation areas, and common areas. Assessments of the homeowners' association for such purpose shall be a lien on the lots.

e.

The homeowners' association or lot owners shall be responsible for payment of any property taxes and maintenance of all primary conservation areas, secondary conservation areas, and common areas and facilities under its control, and maintenance of liability insurance and similar duties of ownership.

(e)

Density calculations. The maximum permitted density in an APD shall be determined as follows:

(1)

The total buildable area is calculated by subtracting acreage in primary conservation areas, stormwater basins, water treatment facilities or sanitary sewer treatment facilities and private and public road rights-of-way from the gross project acreage.

(2)

Multiply the acreage of the total buildable area by 0.14 to determine the maximum number of dwelling units permitted.

(3)

Lots may vary in size.

(4)

The maximum ground floor coverage on any lot shall be ten percent; the maximum floor area ratio shall be 0.2.

(f)

Design standards.

(1)

Agricultural preservation. The project shall be designed to promote the preservation of agricultural lands. Individual lots, buildings, streets and parking areas shall be designed and situated to maximize agricultural land.

(2)

Location of lots. Residential lots shall be laid out, to the greatest extent feasible, to achieve the following objectives:

a.

In locations that maximize preservation of high quality agricultural land.

b.

On the most suitable soils for subsurface septic disposal.

c.

In locations least likely to block or interrupt scenic vistas, as seen from public roadways.

(3)

Setbacks. Minimum setback requirements shall be established in a manner which permits variation in siting of individual dwelling units in order to encourage creativity in design and compatibility with agricultural lands and natural features.

a.

Front, rear and side yard setbacks shall be staggered to provide for variety in siting and appearance.

b.

In the case of subdivisions and site condominiums:

1.

The minimum front, rear, and corner yard setbacks shall be 25 feet, provided the total of the front and rear setback shall be 70 feet.

2.

The minimum side yard shall be ten feet provided the total side yard setbacks on the same lot is 30 feet.

3.

The minimum distance between buildings on adjacent lots shall be 30 feet.

c.

In the case of traditional condominiums:

1.

The minimum front, rear, and corner yard setbacks shall be 25 feet, provided the total of the front and rear setback is 70 feet.

2.

The minimum distance between buildings when located side to side shall be 30 feet. The minimum distance between all other building orientations shall be 50 feet.

d.

Dwelling placement on a lot shall be as far as possible from primary conservation areas or agricultural areas, but in no cases shall they be closer than 100 feet from said area.

(4)

Required road frontage. There shall be no required minimum lot width provided all applicable setbacks set forth in subsection (f)(3)c. above are met. All lots shall have frontage on a public road which has been accepted for maintenance by the Washtenaw County Road Commission, or a private road approved by the Township. The extent of road frontage shall be determined by the Township, in its discretion, taking into consideration: the extent and importance of natural resources, topographical conditions, floodplains, and wetlands to be preserved on the property; the size and shape of the development site; public safety; aesthetics; and impact upon the surrounding developments.

(5)

Open space between clusters. Dedicated open space between clusters of residential dwellings, including those spaces used as recreation areas, shall be at least 100 feet wide.

(6)

Landscaping and buffering.

a.

Landscaped or native vegetative cover shall provide a screened buffer between dwellings and neighboring properties.

b.

Where the agricultural preservation residential district abuts an adjacent single-family residential use, the Planning Commission may recommend and the Township Board may require a transition setback which may include a high, nonclimbable fence. Grading within the transition area shall be minimal unless necessary to provide effective buffering or to accommodate proper drainage. If the project grade change adjacent to a single-family residential use is to be varied by more than three feet, the area plan shall include cross sections illustrating existing and proposed grades in relation to existing and proposed building heights. Perspective renderings that depict the view from adjacent residential units are encouraged. The Planning Commission may recommend and the Township Board may require that the transition area adjacent to a single-family residential use shall consist of one or more of the following:

1.

Woodlands, natural features or a landscaped greenbelt sufficient to provide an effective buffer.

2.

Open or recreation space.

3.

Significant changes in topography that provide an effective buffer.

c.

Buffer zones of at least 100 feet in width shall be required between the building envelope line in adjacent residential areas and agricultural areas in agricultural preservation residential districts. Buffers shall be provided with a high, nonclimbable fence and planted with fast-growing native shrubs and trees to create an effective barrier separating residential yards from fields and pastures; however, no shrub shall be planted within 20 feet and no tree shall be planted within 30 feet of any land used for agricultural purposes.

(7)

Dwelling placement. Dwelling placement shall be planned to screen homes from off-site vantage points, away from environmentally sensitive areas, existing agricultural areas, sites suitable for open space and upwind from areas subject to land management practices that may cause dust, noise, smoke, odors or similar problems.

(8)

Preserving road frontage. All dwellings and accessory structures shall be no less than 100 feet from the edge of the public access road. The 100-foot setback area shall be maintained with native plants and trees so as to create a buffer between the roadway and the dwellings and accessory structures.

(9)

Septic tanks and fields. The placement of septic tanks and fields shall comply with requirements of the Washtenaw County Department of Environment and Infrastructure Service (WCEIS). Drainfields may be placed in the dedicated open space or transition areas if permitted by the WCEIS as long as such drainfields do not interfere with farming operations.

(10)

Public road access. Direct access onto a public road shall be required for an agricultural preservation residential district which shall also meet or exceed the access standards contained in section 74-11.

(11)

Internal roads. Internal roads within an agricultural preservation residential district may be public or private.

a.

Construction of private roads as a means of providing access and circulation is encouraged. Private roadways within an agricultural preservation residential district must meet the design requirements of the Township Private Road Ordinance. The Planning Commission may recommend that the Township Board grant a variance in accordance with the Private Road Ordinance in the following circumstances:

1.

There is no potential that the internal roads will connect with abutting land or be extended to serve additional land in the foreseeable future.

2.

Significant natural features such as mature trees, natural slopes, wetlands or other water bodies would be preserved through allowing a variance from the private road standards.

b.

Both sides of all internal project roads shall consist of agricultural land or shall be landscaped with street trees, provided however, that no shrub or tree shall be planted within 20 feet of, and no tree shall be planted within 30 feet of, any agricultural land. Internal road frontages of individual lots shall have a minimum of two canopy trees per lot. For sections of the internal roads that do not abut residential lots, one canopy tree shall be provided on each side for every 50 feet of road frontage. Existing trees that are preserved and that are located within the right-of-way or road easement and those that are outside these areas but within five feet of the road right-of-way or road easement line may be credited towards this requirement.

(g)

Regulatory flexibility.

(1)

To encourage flexibility and creativity consistent with the intent of the agricultural preservation residential district, the Township Board may grant specific deviations from the following requirements of the Zoning Ordinance as a part of the APD approval process: height, setback, off-street parking, ground floor coverage, floor area ratio, yard and lot width standards, provided that such modifications result in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features or farmland. The petitioner shall provide sufficient evidence for the Township Board to make a finding that such deviations are justified by unique topographic conditions, vegetation, grades, or to preserve natural features and open areas. Such evidence shall include calculations, data, expert opinions and other information and documentation demonstrating that (i) the requested deviation is the minimum change necessary, (ii) the deviation will not adversely affect public or private services to the project, (iii) special circumstances or conditions exist peculiar to the project that warrant the proposed deviation and do not result from actions of the applicant, and (iv) the requested deviation will not be harmful or injurious to the neighboring areas, will not be detrimental to the public interest, and will further the intent of this article. Any regulatory modification shall require Township Board approval after Planning Commission recommendation and findings that the deviation shall fulfill the intent of this article. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals.

(2)

A table shall be provided on the area plan that specifies the details of all proposed deviations, including ordinance provisions from which deviations are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety and welfare in lieu of the regulations from which deviations are sought. Only those deviations consistent with the intent of this article shall be considered.

(h)

Application procedures and final site plan requirements.

(1)

Pre-application conference and petition and area plan approval processes:

a.

Pre-application conference and application process. A pre-application conference for an agricultural preservation residential district zoning shall be required using the procedures outlined in section 74-542 (pre-application conference). The APD petition and area plan shall be submitted in accordance with section 74-542 (petition and area plan approvals). The area plan shall constitute the preliminary site plan and shall be reviewed in accordance with the requirements and standards of sections 74-171 through 74-183.

b.

Final site plan requirements. After approval of the APD rezoning and area plan, a final site plan shall be submitted for review and action by the Planning Commission for each phase of an APD as delineated on the approved area plan. Each final site plan shall be submitted and reviewed and shall meet all provisions of article II, division 4, section 74-174, final site plan. The Planning Commission shall transmit the approved final site plan to the Township Board for its information.

c.

Subdivision plats. If an agricultural preservation residential district is developed as a subdivision plat the procedures defined in section 74-542(g) and chapter 58 of the Code, being the Township Subdivision Ordinance, shall apply.

d.

Site condominium. If an APD is developed as a site condominium, the procedures of section 74-601 shall apply.

(i)

Project standards. In considering any application for approval of an agricultural preservation residential district petition and area plan, the Planning Commission shall determine and shall provide evidence in its report to the Township Board that petition and area plan meet the following standards:

(1)

Compliance with the agricultural preservation residential district principles, requirements and design standards. The overall design and land uses proposed in connection with an agricultural preservation residential district shall be consistent with the intent, principles and requirements of the APD district, and the specific design standards set forth herein.

(2)

Compatibility with adjacent uses. The proposed location of uses or structures that are of a significantly different scale or character than the abutting residential district, such as access drives, parking areas, solid waste pickup points, swimming pools, tennis courts, and facilities of a similar nature shall not be located near the boundary of the development or so as to have a negative impact on the residential uses of adjacent lands. The proposed agricultural preservation residential district area plan shall set forth in detail all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design features and shall exhibit due regard for the relationship of the development to surrounding properties, the character of the site, and the land uses. In determining whether this requirement has been met, consideration shall be given to:

a.

The bulk, placement, and materials of construction of proposed structures.

b.

Pedestrian and vehicular circulation.

c.

The location and screening of vehicular use or parking areas.

d.

The provision of landscaping and other site amenities.

(3)

Impact of traffic. The agricultural preservation residential district shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses.

(4)

Protection of agricultural capacity and natural environment. The proposed agricultural preservation residential district shall protect the agricultural capacity of the land within the project and, secondarily, the natural environment and shall comply with all applicable environmental protection laws and regulations. Natural features as defined in Chapter 18 of the Ann Arbor Township Land Development Standards shall be preserved to the maximum extent feasible. If animal or plant habitats of significant value exist on the site, the Planning Commission may recommend and the Township Board may require, as a condition of approval, that the project plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas. The development shall follow the design standards provided in Chapter 18 of the Ann Arbor Township Land Development Standards.

(5)

Compliance with applicable regulations. The proposed agricultural preservation residential district shall comply with all applicable Federal, State, and local laws, ordinances and regulations.

(6)

Township Master Plan. The proposed agricultural preservation residential district shall be consistent with and further the implementation of the Township Master Plan.

(j)

Conditions. Reasonable conditions may be required by the Township Board for approval of an agricultural preservation residential district, for the purpose of:

(1)

Ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity;

(2)

Protecting agricultural lands or the natural environment;

(3)

Ensuring the continuing viability of farming operations on the project;

(4)

Conserving natural resources and energy;

(5)

Ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner;

(6)

Further the implementation of the Township Master Plan; and

(7)

Protection of the public health, safety and welfare of individuals in the project or those in the immediately adjacent area.

All conditions imposed shall be made a part of the record of the approval, and the APD agreement. The Planning Commission shall make recommendations to the Township Board of proposed conditions for approval.

(k)

Recording of action; APD agreement; development agreement. Promptly after approval by the Township Board of the APD, the applicant, the Township and the project owner shall sign and the Township shall record an APD agreement which shall incorporate all conditions for approval of the APD, including, but not limited to, the agreement for disclosure of agricultural conditions, reference to the conservation easements or use restrictions, obligations pertaining to the homeowners' association, the full legal description of the project, and the date of Township approval. The APD agreement shall declare that all uses of and improvements at the project will be carried out in accordance with the approved agricultural preservation residential district rezoning and area plan unless an amendment is adopted by the Township. The petition and area plan for the APD rezoning shall not be deemed officially approved and the applicant shall not be entitled to submit a site plan or obtain grading or building permits for the project until the APD agreement is signed and recorded.

In addition, the use restrictions and conservation easements shall be duly filed with the Register of Deeds of the County of Washtenaw and copies of the recorded documents provided to the Township.

The APD agreement, the use restrictions and conservation easements shall be reviewed by the Township Attorney and Township staff and consultants as to form and consistency with the APD approval and conditions and this article prior to recording.

As part of the final site plan approval for the project, the applicant, the Township and the project owner will enter into a development agreement with performance guarantees as described in section 74-180 of this chapter.

(l)

Permits. Following approval of the agricultural preservation residential district final site plan and final approval of the engineering plans by the Township Engineer, grading and building permits may be applied for. For an agricultural preservation residential district that is a subdivision plat, grading and building permits may be applied for only after approval by the Township and all other applicable agencies is received. It shall be the responsibility of the applicant to obtain all other applicable Township, County, State, and Federal permits.

(m)

Initiation of construction. If construction has not commenced within 18 months of final approval, all Township approvals become null and void, unless the Township Board approves an extension. The applicant may apply in writing to the Township Board for an extension, which shall not exceed 12 months. A maximum of two 12-month extensions may be allowed.

(n)

Continuing adherence to plan. Any owner of land within an approved APD who fails to comply with the terms, conditions and restrictions of the APD shall be deemed in violation of the Zoning Ordinance and shall be subject to the penalties for same.

(o)

Scheduling phasing.

(1)

Scheduled phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the agricultural preservation residential district and the residents of the surrounding area.

(2)

Timing of phases. Each phase of the project shall be commenced within 12 months of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the plan shall become null and void unless the Township Board approves an extension.

(p)

Revision of approved plans.

(1)

Minor changes:

a.

Minor changes to an approved agricultural preservation residential district plan may be permitted by the Planning Commission following normal site plan review procedures outlined in article II, division 3, sections 74-131 through 74-138 for the following:

1.

Reduction of density;

2.

Changing non-single-family dwelling units to single-family dwelling units;

3.

Realignment of roads;

4.

Modifications to setbacks;

5.

Increasing the amount of open space;

6.

Changes to landscaping, provided the number of plantings is not decreased;

7.

Change in the size of detention ponds by no more than ten percent;

8.

Changes to septic/drainfields in common areas;

9.

Changes to phasing plan.

b.

Minor changes shall be subject to the finding of all of the following:

1.

Such changes will not adversely affect the initial basis for granting approval;

2.

Such minor changes will not adversely affect the overall agricultural preservation residential district in light of the intent and purpose of such development as set forth in this article; and

3.

Such changes shall not result in the reduction of dedicated open space area as required herein.

(2)

Major revisions. Approved plans for an agricultural preservation residential district that do not qualify as minor under subsection (p)(1) above may be revised by resubmitting a revised agricultural preservation residential district area plan for approval following the procedures of subsection (h) above.

(Ord. No. 4-2008, 7-21-2008; Ord. No. 3-2017, 6-19-2017; Ord. No. 5-2017, 11-20-2017)