The open space preservation overlay zoning district is intended to provide innovative options for creation of open space residential communities and the promotion of open space preservation within certain residential zoning districts consistent with Public Act No. 177 of 2001 (MCL 125.286h) which cannot be achieved through traditional zoning regulations. The open space preservation overlay zoning district is further intended to:

(1)

Assure the permanent preservation of open space, agricultural lands, and other natural resources which are compatible with the comprehensive development plan;

(2)

Allow innovation and greater flexibility in the design of residential open space communities;

(3)

Facilitate the provision and maintenance of residential infrastructure in a more efficient and economical manner;

(4)

Ensure the design compatibility between adjacent properties and reduce residential sprawl.

(Ord. No. 31.32, § 7(12.01), 10-20-2003)

For the R rural residential, L low-density residential, and M medium-density residential zoning districts which permit residential development at a density of not more than two units per acre or not more than three units per acre if public sanitary sewer is available, the legal entity authorized to initiate an amendment as identified in section 24.02 of the Bath Charter Township Zoning Ordinance may request the creation of an open space preservation overlay district pursuant to this section. The open space preservation overlay zoning district shall require a minimum of 50 percent of the land area to remain in an undeveloped state.

A.

The property owner shall exercise the open space preservation option as described in this section in writing to the zoning administrator and shall include a legal description of the proposed open space preservation overlay zoning district.

B.

Upon the exercise of the open space preservation option, a rezoning application must be filed with the township which meets the requirement of article XXIV (Changes and Amendments) of this chapter.

C.

Applications for the creation of an open space preservation overlay zoning district shall be granted, provided that they meet the requirements of this section and article XXIV of this chapter.

(Ord. No. 31.32, § 7(12.02), 10-20-2003)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agricultural land means substantially undeveloped land devoted to the production of plants and animals useful to humans, including forage; inside crops; grains; feed crops; field crops; dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and similar uses and activities.

Conservation easement means that term as defined in section 2140 of the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.2140).

Greenway means a contiguous or linear open space, including habitats, wildlife corridors and trails, that link parks, nature preserves, cultural features or historic sites with each other for recreation and conservation purposes.

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to, the use of the public.

(Ord. No. 31.32, § 7(12.03), 10-20-2003)

Cross reference— Definitions generally, § 1-2.

In addition to the standards established in the existing underlying zoning district, the proposed open space preservation overlay zoning district must provide that:

A.

A minimum of 50 percent of the land area described as open space preservation overlay zoning district shall perpetually remain in an undeveloped state;

B.

The proposed residential development shall not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the option provided by this section would have depended upon such an extension;

C.

The open space preservation option as described by this section has not been previously exercised with respect to the land in question;

D.

The total number of dwelling units permitted within the open space preservation overlay zoning district shall not exceed the maximum number of dwelling units permitted by the existing underlying zoning district;

E.

Existing land uses on the property prior to the establishment of an open space preservation overlay zoning district which are proposed to remain shall be incorporated into the design of the development and shall meet all of the minimum standards of this section;

F.

Residential developments within open space preservation overlay zoning districts shall be required to meet the requirements of article XX (Site Plan Review) of this chapter and the applicant must receive final site plan approval under article XX of this chapter, prior to development of properties which have been approved as an open space preservation overlay zoning district;

G.

Residential development shall not occur within an open space preservation overlay zoning district unless and until the property owner thereof shall record an irrevocable conservation easement, plat, site condominium, restrictive covenant, or other legal means that is satisfactory to the township, which restriction shall run with the land and which shall mandate that the designated open space will perpetually remain in an undeveloped state.

(Ord. No. 31.32, § 7(12.04), 10-20-2003)

The underlying zoning district site standards may be adjusted in the open space preservation overlay zoning district as follows:

A.

Residential lot site or parcel size may be reduced to 25 percent of the underlying zoning district requirements;

B.

Front, side and rear setbacks may be reduced to 50 percent of the underlying zoning district requirements.

(Ord. No. 31.32, § 7(12.05), 10-20-2003)

The township may consider acceptance of a public dedication of the open space preservation area, but shall not be required to do so, and such dedication shall not be required as a condition of granting the open space preservation option described in this article.

(Ord. No. 31.32, § 7(12.06), 10-20-2003)