Sec. 1700A. The Planned Unit Development District, and the provisions relating thereto within this Article provide the standards for the submission, design, review and approval of planned unit development (PUD) projects, subject to the approval of a separate zoning district, which achieves integration of site planning criteria and land use allowance, and which accomplishes the objectives of this Ordinance. The application of these planned unit development (PUD) regulations are intended to:

1.

Encourage the use of land in accordance with its character and adaptability;

2.

Conserve natural features and provide for open space;

3.

Encourage innovation, flexibility, variety, economy and efficiency in land use planning;

4.

Provide enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of the Township; and

5.

Bring about a greater compatibility of design and use between neighboring properties.

The provisions of this Article are not intended as a device for ignoring this Ordinance or the planning upon which it has been based. To that end, the provisions of this Article are intended to result in land development substantially consistent or compatible with the pre-existing zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this Article to ensure appropriate, fair and consistent decision-making.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02)

Sec. 1701A.

1.

Minimum Parcel Criteria: The provisions of this Article may be applied to any lot(s) or parcel(s) of land which is/are five acres in size or greater, located in any zoning district. Further, the applicant must demonstrate that all the following conditions exist:

a.

The intent of the Bedford Township Master Plan, as adopted and amended from time to time, will not be subverted.

b.

Long-term conservation of natural features and/or open space will be achieved, where such features would otherwise be destroyed and degraded by development as permitted by the underlying zoning district(s).

c.

Public facilities and services will be maintained as necessary to accommodate the expanded uses specifically allowed by the PUD, as compared to the use(s) permitted by the zoning district classification(s) for the lot(s) or parcel(s) prior to the PUD rezoning. Public facilities and services shall include those provided by the Township, as well as those provided by the local school district(s), County agencies, and State departments and agencies.

d.

Surrounding properties will not suffer any unreasonable negative economic impacts, as compared to the use(s) permitted by the zoning district classification(s) for the lot(s) or parcel(s) prior to the PUD rezoning.

e.

A desired development may be realized, which could not occur under the zoning district classification(s) for the lot(s) or parcel(s) prior to the PUD rezoning, and the applicant must articulate the benefits which the applicant feels will be realized by both the future occupants of the PUD project and the Township as a whole.

2.

Exception to Minimum Parcel Criteria: Notwithstanding the provisions of paragraph 1 of this Section 1701A, the provisions of this Article may be applied to any lot(s) or parcel(s) of land less than five acres in size, if the Planning Commission finds that the minimum area requirement should be waived because one or more of the following conditions exist:

a.

The lot(s) or parcel(s) of land contain(s) structures of a historical character that will be protected by employing the provisions of this Article.

b.

The lot(s) or parcel(s) of land is/are adjacent to, or across the road from property that has been developed under the provisions of this Article, or a preceding similar Article or Ordinance, and employing the provisions of this Article or the provisions of a previous similar Article or Ordinance will provide for the logical continuation of that development pattern.

c.

The lot(s) or parcel(s) of land contain(s) a nonconforming use that will be rendered more compatible with surrounding conforming uses of land by employing the provisions of this Article.

d.

The Planning Commission determines that the lot(s) or parcel(s) of land has/have identifiable unusual, valuable or desirable geographical or site characteristics, including natural resources, or it is unlikely, considering the surrounding development, that any reasonable development and/or use may be made of the lot(s) or parcel(s) of land under either the existing zoning district classification(s), or any possible alternate zoning district classification(s) which the lot(s) or parcel(s) of land could be rezoned to.

3.

Application Process: The application for a PUD should be considered an application for a combined rezoning to a PUD zoning district classification and site plan approval for the overall project. The approval process shall be for a rezoning to the PUD zoning district classification and a PUD plan that controls the development of the PUD site, which permits certain uses subject to the regulations of the approved PUD plan. The approval of a PUD zoning district and PUD plan shall constitute a designation of land use(s) permitted and site plan approval for the development of the project. After approval of the PUD, the lot(s) or parcel(s) in the PUD shall only be used and developed in accordance with the PUD plan and/or PUD Agreement and/or the PUD approval. After a rezoning to the PUD zoning district classification, the zoning district classification(s) for the lot(s) parcel(s) prior to the PUD rezoning shall no longer be in effect. The approval of a PUD shall constitute a change in this Ordinance, and shall require the notifications, publications, referrals and approvals necessary for a zoning change. In order to obtain approval for a PUD, an application must be made on forms requested by the Township, and in connection therewith, the applicant must pay all fees and escrows designated by the Township. The applicant may include more than one person or entity, and if more than one lot or parcel of land is involved which are owned by different persons or entities, all such persons or entities must be included as the applicant. An agent may represent the applicant, whether a single person or entity, or multiple persons or entities, in conformance with the general rules and regulations for other rezoning and land use applications in the Township, as specified and modified by the Township.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02)

Sec. 1702A. A PUD project shall be consistent with the following general standards for the use of land, density of use, the type, bulk, design and location of structures, common space and public facility requirements, project phasing and other items relating to the development of the PUD project.

1.

Permitted Uses: Uses within a PUD project shall be specifically regulated by the restrictions and regulations approved through the PUD approval process. The applicant may request different or mixed land uses, and upon a demonstration of superior design and land use compatibility, the Township Board, after receiving a recommendation from the Planning Commission, may include or exclude mixed or specific land uses within a PUD project or within specific portions of the PUD project, regardless of the provisions of the zoning district classification(s) for the lot(s) or parcel(s) prior to the PUD rezoning. To support the inclusion of a mixed or specified use in a PUD project, the applicant may be required to provide evidence, such as a professional market study, that a demand exists for the proposed use(s) within the local market area. The Township Board may specify particular uses or a more general classification of uses that may be allowed, as a part of the PUD approval process.

2.

Prohibited Uses: Notwithstanding the flexibility provided in paragraph 1 of this Section 1702A.1 above, industrial uses shall not be allowed and shall be excluded from all PUD projects.

3.

Residential Use and Density: A variety of dwellings may be provided, subject to the approval of the Township Board, after receiving a recommendation from the Planning Commission, including detached one-family dwellings, attached one-family dwellings, two-family dwellings, multiple-family dwellings, and housing for the elderly. The maximum permitted residential density shall be based on the following formula, unless the Township Board, after receiving a recommendation from the Planning Commission, determines a reduced density is appropriate to the PUD project:

a.

The net parcel area of the portion of the lot(s) or parcel(s) of land in the PUD project proposed for residential development shall be divided by the minimum lot or parcel size allowed per dwelling unit for the zoning district classification(s) for the lot(s) or parcel(s) prior to the PUD rezoning, to establish the maximum number of allowable dwelling units. The net parcel area is defined as the gross parcel area minus the area occupied by public or private roads, private drives, parking areas, permanent easements for major utility transmission lines and for drainage, and flood plains, wetlands, slopes in excess of a 12% grade, and ponds, lakes and drainageways. If there is no minimum lot or parcel size required per dwelling unit for the zoning district classification(s) for the lot(s) or parcel(s) prior to the PUD rezoning, such as would be the case for underlying commercial or office zoning districts, the minimum lot or parcel sizes allowed per dwelling unit shall be the minimum lot or parcel size required per dwelling unit in the RME residential zoning district for an elderly housing development, and those in the RM-2 residential zoning district for a multiple-family development, and those in the RT residential zoning district for a two-family or attached one-family development, and those in the R-3 residential zoning district for a detached one-family development, (any of which the Township Board, after receiving a recommendation from the Planning Commission, may increase if it deems it appropriate for a reduced density for the PUD project).

b.

One-family residential developments may be developed as a one-family clustering option under Section 1803 of this Zoning Ordinance, if all of the criteria in Section 1803 are found to exist by the Township Board, after receiving a recommendation from the Planning Commission, and if the Township Board determines, in addition, that increased open space is provided for the overall PUD project, which, more or less, is in direct proportion to any additional density allowed. The Township Board, after receiving a recommendation from the Planning Commission, may vary any of the requirements in Section 1803, making them more or less stringent, for the overall betterment of the PUD project.

4.

Access: Access for both residential and non-residential uses shall be by public roads and/or private roads as allowed by Township ordinances, or as approved specifically by the Township Board, after receiving a recommendation from the Planning Commission. The public roads and/or private roads shall be sited in such a manner as to not encourage through traffic in residential portions of the PUD project. Non-residential uses shall be separated and buffered from residential areas in a manner that is consistent with sound community planning principles. This provision, however, shall not be interpreted to prohibit the integration of residential and non-residential uses in a manner that is consistent with the traditional (sometimes known as Neo-Traditional) planning principles. Nothing herein should be construed as requiring the Township Board to allow private road access in lieu of public road access.

5.

Frontage: Frontage on a public road or authorized private road shall be as determined by the Township Board, after receiving a recommendation from the Planning Commission. The determination of frontage shall be made for both the entire PUD project and for the individual uses, both residential and non-residential, within the PUD project. Generally speaking, the Township Board shall require frontage on public roads and/or authorized private roads to be the minimum required for similar uses in zoning districts where said uses are permitted. An increase frontage for roads within the interior of the PUD project may be required by the Township Board, after receiving a recommendation from the Planning Commission. A reduced frontage may be allowed at the discretion of the Township Board, after reviewing a recommendation from the Planning Commission, and based upon a demonstration by the applicant of planning and design excellence resulting in a material benefit to the Township, adjacent land uses, and/or the ultimate users of the PUD project, including, without limitation, innovative design producing significant energy efficiency, pedestrian or vehicular safety, long-term aesthetic beauty, and protection and preservation of natural resources and features.

6.

Interior Setbacks: Interior setback requirements shall be as required for similar uses in zoning district(s) where said uses are permitted, unless modified by the Township Board, after receiving a recommendation from the Planning Commission. The Township Board may specify greater or lesser setback requirements as it deems appropriate for the overall betterment of the PUD project.

7.

Perimeter Setbacks and Buffering: A perimeter setback for the overall PUD project of up to 100 feet shall be required by the Township Board, after receiving a recommendation from the Planning Commission. The perimeter setback area shall include landscaping as specified by the Township Board (after receiving a recommendation from the Planning Commission) to provide a buffer for adjacent properties. The Township Board shall specify the type, size and the extent of the landscaping which may be required. The perimeter setback and landscaping does not need to be uniform at all points along the boundary of the overall PUD project. The Township Board shall take into account the existing and planned adjacent land uses.

8.

Internal Vehicular and Non-Vehicular Circulation: The internal vehicular and non-vehicular circulation system shall provide adequate and separate systems for vehicular and non-vehicular circulation, as deemed necessary by the Township Board, after receiving a recommendation from the Planning Commission. Non-vehicular circulation systems shall include a safe and pleasant means of circulation throughout the PUD project for both pedestrians and bicyclists. Further, the internal circulation system, both vehicular and non-vehicular, shall provide for logical connections to adjacent neighborhoods and developments. The Township Board, after receiving a recommendation from the Planning Commission, shall determine the need for and types of public roads, private roads and/or private drives, and sidewalks, bicycle paths and walking trails, and any other means of internal circulation.

9.

Off-Street Parking and Loading: Off-street parking and loading spaces shall be provided in accordance with Sections 1904, 1905, and 1906, for similar uses in zoning district(s) where said uses are permitted. The Township Board, after receiving a recommendation from the Planning Commission, may require landscaping as part of the off-street parking and loading areas, which is more extensive than that which is required otherwise by this Ordinance for a non-PUD project. The off-street parking and loading requirements shall be the same as for a use specified in this Ordinance which is most closely related to the use in the PUD project.

10.

Common Open Space: A minimum of 30% of the gross parcel area of the lot or parcel of land for the entire PUD project shall be designated and maintained as common open space which is readily accessible and available to the occupants of the PUD project. Up to 25% of the required 30% common open space area (7½% of the gross parcel area) may be occupied by wetlands, floodplains, open water areas, off-street parking and loading spaces, and drives, but not public roads or private roads. No part of the required 30% common open space area may be occupied by public roads or private roads. Any landscaped area of the off-street parking and loading spaces and drives may be computed as part of the required 30% common open space area. The design of common open space areas shall have taken into account adjacent existing and planned land uses, as well as the natural characteristics of the PUD project site. Small, isolated or unusable open space areas shall not be deemed to meet the 30% common open space area.

11.

Recreational Uses: Public and private recreational uses, including, but not limited to golf courses, swim clubs and tennis clubs, (including accessory structures and uses), may be incorporated within residential areas of the PUD project, if the Township Board determines them consistent or compatible with the pre-existing zoning. The Township Board, after receiving a recommendation from the Planning Commission, may apply the area occupied by a golf course to satisfy up to 75% of the 30% common open space requirement (22½% of the gross parcel area), provided such use is integrated into the overall PUD project.

12.

Site Infrastructure: Road, drainage and utility design, and all other common infrastructure improvements shall meet or exceed the applicable Township, County and/or State requirements. Drainage structures (detention/retention ponds, swales, and the like) shall be designed to blend with the PUD project's built and/or landscaped features and the site's natural features. Said drainage structures shall be built so as to be as aesthetic as possible, while serving its intended purpose according to Monroe County Drain Commissioner rules, regulations and specifications. In addition, said drainage structures must be designed and built in such a fashion so as to be easily maintained in an aesthetically pleasing manner. The Township Board, after receiving a recommendation from the Planning Commission, may require specific landscaping and/or fencing with respect to the drainage structures.

13.

Street Lighting Installation. Streetlights, including any overhead streetlights, such as at PUD entrances, and roadside streetlights, and underground power lines and other related equipment servicing said streetlights, shall be installed in all phases of the PUD, unless the Township Board, after receiving a recommendation from the Township Planning Commission, determines streetlights are not necessary because they would serve no good purpose. Such streetlights shall be installed in accordance with the standards of the utility provider servicing said streetlights, the Road Commission, (unless the roads are private), and the Development Design Standards Ordinance of the Township, or any similar successor ordinance, and shall be of uniform fabrication compatible with the development and equal to or of better quality than those in surrounding phases, subdivisions, and/or developments. Such streetlights shall be shown on the final PUD plan, or shown on a separate streetlight plan submitted with the final PUD plan. No streetlights shall be installed until the final PUD plan showing said streetlights or a separate streetlight plan is submitted to and approved by the Township Board. The developer shall pay the cost in cash for the streetlights and for the installation of same, directly to the Township, prior to final PUD plan approval and rezoning for each phase of the PUD. The Township shall hold the cash until the streetlight utility is ready to install same. At that time, the Township shall pay the cost for the streetlights and for the installation of same to the streetlight utility. The developer shall pay any shortfall. The Township shall enter into the appropriate contract with the streetlight utility for the cost for the streetlights and for the installation of same, and for the streetlighting utility usage charges for an agreed upon period of time. The streetlights shall be installed, connected, powered, and made operable so as to light during all periods of darkness, such that installation and operation shall occur no later than one year after the date when the roads in the phase of the PUD are constructed. Prior to streetlight installation and final PUD plan and rezoning, approval, a special assessment district shall be put in place to proportion the cost of the streetlighting utility usage charges fairly among each parcel owner, lot owner, and/or unit owner within the phase of the PUD. The developer shall execute the necessary petition and other paperwork, and shall follow through with the necessary procedures to establish the special assessment district. The special assessment may be spread equally, or unequally if the Township Board determines that to be more fair. Until such time as the final PUD plan is approved, rezoning occurs, and any land division, condominium master deed or subdivision plat is recorded, the special assessment shall run against the whole parcel as if it were not yet split, condominiumized or subdivided. After such time as the final PUD plan is approved, rezoning occurs, and any land division, condominium master deed or subdivision plat is recorded, the next annual assessment shall reflect the approved spread of the assessment against each parcel owner, lot owner and/or unit owner as indicated on the final PUD plan. The spread of the special assessment shall be for each phase as a land division, condominium master deed or subdivision plat is recorded.

14.

Other Site Improvements: Project lighting, signs, fences, exterior building materials and design, and landscaping shall be designed and constructed to blend with the overall character of the PUD project, and be consistent with the character of the Township, the adjacent existing and planned land uses and the PUD project land area's natural features. At a minimum they shall comply with the provisions of this Ordinance for similar uses in zoning district(s) where said uses are permitted. The Township Board may require more stringent requirements for the betterment of the overall PUD project. All project lighting shall be installed to illuminate individual sites and/or common areas, and shall be so installed so as to be confined within and directed onto the specific area that the lighting is designed to illuminate, and shall be shielded away from public roads, private roads and where deemed necessary, private drives, and shielded so as to reduce glare and reflect lights away from the adjacent uses and/or properties. Signs, unless authorized otherwise by the Township Board, after receiving a recommendation from the Planning Commission, shall be of a low profile type, and a height as specified by the Township Board, after receiving a recommendation from the Planning Commission. Fences, shall be a height as specified by the Township Board, after receiving a recommendation from the Planning Commission. If not specified otherwise, the signs and fences shall at least comply with the provisions of this Ordinance relating to signs and fences. The Township Board, after receiving a recommendation from the Planning Commission, may require more stringent requirements than this Ordinance requires, for signs and fences. The Township Board, after receiving a recommendation from the Planning Commission, may designate the architectural design, materials, color, texture and other features of the signs and fences. The Township Board, after receiving a recommendation from the Planning Commission, shall determine what landscaping and buffering is deemed necessary or desirable for the PUD project to insure the aesthetic and compatible nature of the PUD project, to protect adjacent planned and existing land uses from noise and unsightly views, to protect and promote the PUD project land area's natural features, and to make the PUD project consistent with the primarily residential and residentially served character of the Township. The Township Board shall not be restricted to the landscaping and buffering requirements in this Ordinance for non-PUD projects. The Township Board, after receiving a recommendation from the Planning Commission, shall determine what architectural design, materials, color, texture and other design features of the buildings and structures are appropriate to insure the aesthetic and compatible nature of the PUD project, to encourage a blending of the PUD project with adjacent planned and existing land uses, to protect and promote the PUD project land area's natural features, and to make the PUD project consistent with the primarily residential and residentially served character of the Township. The Township Board shall not be restricted to any similar such requirements in this Ordinance for non-PUD projects. If deemed appropriate, the Township Board, after receiving a recommendation from the Planning Commission, may designate more general architectural design, materials, color, texture and other features for some or all of the buildings and structures to be erected on the PUD project site, subject to the condition that a more formal final site plan, and if necessary, a PUD Agreement amendment, shall be submitted for approval of the specific buildings and/or structures by the Planning Commission (but not the Township Board) at such time as when construction is scheduled to commence.

15.

Site Project Construction, Phasing and Bonding: For a one-phase PUD project, all of the infrastructure, including, but not limited to, public roads, private roads, utilities, lighting (except that for specific buildings and structures not yet built), drainage structures (except those for specific buildings and structures not yet built), landscaping (except that for individual buildings and structures not yet constructed), but not necessarily signs and fences, must be constructed, inspected and approved prior to an occupancy permit be given for any building within the PUD project. For a multi-phase PUD project, the infrastructure of each phase shall be designed and constructed to stand alone, as if there were no subsequent phases. For instance, for a public road, private road or private drive, which comes to an end at the boundary of a particular phase, where a subsequent phase will continue that public road, private road or private drive, that public road, private road or private drive must have an adequate cul-de-sac or turn-around, even if just temporary, until the subsequent phase is constructed, so that the phase may stand alone in case subsequent phases are not constructed. Each individual PUD project phase shall be designed to provide at a minimum a proportional share of the common open space required for the entire PUD project. All other infrastructures items shall be constructed in a manner to facilitate each phase standing alone. Prior to a subsequent phase being initiated, 80% of the buildings (measured by gross floor area) must be constructed and an occupancy permit granted therefor, for the previous phase. The timing of the construction for each phase, and for the entire PUD project shall be as determined by the Township Board, after receiving a recommendation from the Planning Commission. If not determined otherwise, the following shall apply: The infrastructure and all other items that must be constructed for a one-phase PUD project, or prior to an additional phase being initiated for a multi-phase PUD project, must be constructed entirely within one year of final approval of the PUD project for a one-phase project, and within one year of initiating construction of the infrastructure for a particular phase for a multi-phase PUD project. For each subsequent phase of a multi-phase PUD, the infrastructure and other items as specified above, must be completed within one year of initiating construction of the infrastructure for that particular phase of the PUD project (unless determined otherwise). There shall be no time limitation on construction of the buildings approved for a particular PUD project, except that if the infrastructure of a subsequent phase of a multi-phase PUD project is not initiated within seven years of the initiation of construction of the previous phase's infrastructure and other required items, the owner of PUD project phase property must re-submit the PUD project plan for the unbuilt phases to the Planning Commission, which shall review the PUD plan and determine whether or not an additional public hearing will be necessary. If so, the public hearing will be held and review procedure administered in the same manner as provided for new PUD projects except a rezoning and second public hearing shall not be required. If not, the Planning Commission shall either re-approve the original PUD project plan, or approve same with modifications, and it will be unnecessary for the matter to be referred to the Township Board, unless the Planning Commission determines the modifications or re-approval without modifications to be significant enough or important enough that it be submitted to the Township Board. In either event, phasing and time requirements will start over. The Township Board, after receiving a recommendation from the Planning Commission, may designate bonding requirements for the entire PUD project if a one-phase project, and for each phase, as construction begins, for a multi-phase PUD project. The bonding shall be designed to ensure completion of the infrastructure and other required items. The bond shall be in a form as required by the Township Board. No construction of the infrastructure in any phase shall begin without a construction permit from the Building Department.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02; Ord. No. 44A-221, § 1, 5-20-03)

Sec. 1703A. An applicant for a PUD project shall pay all required fees and escrows, submit an application on forms requested by the Township, and submit a preliminary PUD plan to provide the Township with a general conceptual overview of the proposed PUD project, sufficient for a public hearing to be held, for the Township Planning Commission to review and recommend to the Township Board, and for the Township Board to consider approval for. Detailed engineering plans are not desired or required.

1.

Required Information: The following written, documented and graphical information must be provided as part of the conceptual submittal. Examples of graphical information may follow this Section.

a.

Name, address and telephone number of the applicant, any agent involved, and the contact persons for each.

b.

Written proof satisfactory to the Township of property ownership, options and agency relationships of the applicant and any agent involved.

c.

Name, address, telephone number and Michigan registration number of the plan preparer (architect, engineer, etc.).

d.

A written narrative report explaining the manner in which the PUD Application Criteria in Section 1701A and the PUD Project Design Standards in Section 1702A are met.

e.

Legal description and acreage of the PUD project area, and property line locations and dimensions, drawn on 24 inch by 36 inch sheets prepared at a minimum scale of 1 inch equals 50 feet. The Planning Commission may modify the scale if necessary, considering the size of the project.

f.

Description of existing PUD abutting roads and project site characteristics, including existing roads, drives, structures, buildings and natural features, and a showing as to how they will be altered, shown on the same sheets as required in Section 1703A.1.e above.

g.

Description of proposed character of the PUD project, including common open space areas, stated in a written report and/or shown on the same sheets as required in Section 1703A.1.e above.

h.

Description of proposed means of serving the development with water, sanitary waste disposal and storm water drainage, stated in a written report and/or shown on the same sheets as required in Section 1703A.1.e above.

i.

Proposed project phasing and estimated timing schedule for completion, stated in a written report and/or shown on the same sheets as required in Section 1703A.1.e above.

j.

Statement of anticipated impact on natural features, public facilities and services including, but not limited to, police and fire protection, roads, public water facilities, public sanitary waste facilities, public storm water drainage facilities, and schools, stated in a written report and/or shown on the same sheets as required in Section 1703A.1.e above.

k.

Location and description of proposed uses or categories of uses stated in a written report and the location shown on the same sheets as required in Section 1703A.1.e.

l.

A general conceptual drawing and artist rendering showing the proposed architectural design, location, materials, color, texture, proposed roof pitch and type, and other design features of the proposed buildings and structures, showing at least front and side views, drawn on 24 inch by 36 inch sheets prepared at a scale which provides the viewer with an adequate showing of the features of the proposed buildings and structures.

m.

Overall map at a minimum scale of 1" equals 200 feet showing the relationship of the proposed PUD project to its surroundings, including section lines, parcel boundaries, major roads, collector streets, and other landmarks.

n.

Generalized graphic depiction at a scale of 1" equals 200 feet showing the following:

1)

Major access roads serving the PUD project site, including right-of-way widths, and existing and proposed road surfacing.

2)

Existing utility lines including sanitary sewer, storm sewer, water main and gas, electric and cable service.

3)

Existing adjacent land uses and structures within 300 feet of the proposed PUD project site boundary.

4)

Proposed internal vehicular and non-vehicular circulation system (in a conceptual form).

5)

Areas to be developed for residential, non-residential, recreational and common open spaces, and general proposed building and structural locations.

6)

Areas to be preserved in a natural state.

7)

Other data or graphics that will serve to further describe the proposed PUD project.

o.

The developer shall submit a copy of the proposed plan for the establishment of a special assessment district which will proportion the cost of the street lighting utilities fairly among the unit, lot or parcel owners within the proposed PUD. The special assessment district may be spread equally, or unequally if the Township Board determines that to be more fair. Until such time as the final PUD plan is approved, rezoning occurs, and any land division, condominium master deed or subdivision plat is recorded, the special assessment shall run against the whole parcel as if it were not yet a part of a PUD project.

2.

Staff, and County Road and Drain Commission Staff Review and Advice: The preliminary PUD plan shall be reviewed by the Township Planning staff and Township Engineer, and shall be submitted to the County Road Commission and Drain Commission staff for their review. These reviews shall be preliminary only, and shall be subject to more complete reviews when detailed final PUD plans are submitted. Each preliminary review by the staff shall be placed in a written form and be made available to the Planning Commission and the applicant before the first public hearing.

3.

Required First Public Hearing: After staff review and advice has occurred, and the applicant has had the opportunity to present any revised preliminary PUD plan submittal, a public hearing before the Planning Commission shall be scheduled. Notice of such public hearing should be given in accordance with the following notification procedures:

a.

One notice of a public hearing shall be published in a newspaper of general circulation in the Township.

b.

Notice of the public hearing shall be sent by First Class mail or given by personal delivery to the applicant and owners of property for which the PUD approval is being considered, to all person to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notifications need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas under lease by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

c.

The notice shall be given not less than 15 days before the date of the public hearing. The notice shall do all of the following:

1)

Describe the nature of the request.

2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3)

State when and where the request will be considered.

4)

Indicate when and where written comments will be received concerning the request.

4.

Planning Commission Action: After the public hearing, the Planning Commission shall take action to recommend to the Township Board that it either approves, approves with modifications or denies the preliminary PUD plan submittal. This shall constitute a report on the public hearing, although the Planning Commission may submit any other report, in addition to its recommendation, to the Township Board. At a minimum, the Minutes from the Planning Commission public hearing and the Minutes from the Planning Commission meeting at which the Planning Commission reviewed the preliminary PUD plan, and any Township and County staff reports, shall be submitted to the Township Board. Before recommending preliminary approval to the Township Board, the Planning Commission shall determine that the PUD Application Criteria in Section 1701A and the PUD Project Design Standards in Section 1702A have been met.

5.

Township Board Authorization: The Township Board shall review the recommendation of the Planning Commission, along with any additional public hearing report, and the Minutes of the public hearing, and the Minutes of the Planning Commission meeting at which the Planning Commission reviewed the preliminary PUD plan submittal, and any Township and County staff reports, and either approve, approve with modifications or deny the preliminary PUD plan. The applicant or agent for the applicant must appear at the meeting at which the Township Board is scheduled to review the preliminary PUD plan submittal. The Township staff shall mail notice of the meeting to the applicant or the applicant's agent at some time prior to the Board meeting. After the Township Board has taken action on the preliminary PUD plan submittal, the applicant and the Planning Commission shall be notified in writing of the Township Board's actions. If the Township Board denies the preliminary PUD plan submittal, the written notification shall include the reasons for the denial.

6.

Effect of Preliminary Authorization: Approval of the preliminary PUD plan shall authorize the applicant to submit a formal request for rezoning to PUD and a final PUD plan in accordance with Section 1704A below. A rezoning and final PUD plan submittal for some portion of the PUD project must be submitted within twelve months after approval of the preliminary PUD plan. If no rezoning and final PUD plan submittal is made within that period, approval of the preliminary PUD plan is automatically rescinded, any PUD Agreement automatically terminated, and the underlying zoning will remain in effect. However, the Township Board, upon written application by the applicant, may extend the preliminary PUD plan approval for successive 12 month periods, except that no more than two such 12 month extensions may be granted.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02; Ord. No. 44A-221, § 2, 5-20-03; Ord. No. 44A-252, 3-20-07)

Sec. 1704A. The final PUD plan submittal for all or a portion of the total PUD shall be reviewed by the Planning Commission and acted upon by the Township Board to assure substantial compliance with the preliminary PUD plan authorization, and to determine that it meets the requirements of this Ordinance. A formal request for rezoning to PUD shall be submitted with the final PUD plan. The request for zoning and final PUD plan shall be submitted within 12 months after approval of the preliminary PUD plan, as may be extended. If the PUD project is to be developed in phases, and said phases were approved as part of the preliminary PUD plan submittal, then each additional final PUD plan submittal must be submitted according to the schedule approved as part of the preliminary PUD plan submittal, and if no such schedule was specified, then the schedule shall be as follows: The entire project final PUD plan for a single phase project, and the first phase for a multi-phase project, shall be submitted within 12 months after approval of the preliminary PUD plan, as may be extended, or the approval for the preliminary PUD plan shall be automatically rescinded. A final PUD plan for subsequent phases in a multi-phase project must be submitted within seven years of the preceding phase's final PUD plan approval. If any subsequent phase's final PUD plan is not submitted within seven years of the preceding phase's final PUD approval, the preliminary PUD plan shall be automatically rescinded. In such event, the preceding phases of the PUD project which have received final PUD plan approval, shall not be affected by this action, which will only affect the portions of the PUD project that have not received final PUD plan approval. If any final PUD plan is not submitted in a proper manner, or a preliminary or final PUD plan terminates, the Township Board shall be free to rezone some or all of the project, or accept a revised PUD application from the applicant, or accept a revised PUD application from a new applicant.

1.

Required Information: All requirements and procedures for a rezoning shall be followed, and the applicant shall make all submittals and follow all procedures to process a rezoning request. The final PUD plan submittal shall be prepared as stated in subparagraph "a" below, and may be submitted as in either or both of subparagraphs "b" and "c" below.

a.

A final site plan as provided by Section 1913 of this Ordinance, including items that would have been required for preliminary site plan review in final form.

b.

A final preliminary plat in conformance with the Bedford Township Subdivision Ordinance (presently Ordinance No. 72) and the Land Division Act (Act 288 of the Public Acts of 1967, as amended), plus a separate final site plan as required in Section 1704A.1.a above.

c.

A condominium subdivision plan as provided by this Ordinance and/or any condominium ordinance, and the Condominium Act, (Act 59 of the Public Acts of 1978 as amended), plus a separate final site plan as required in Section 1704A.1.a above.

2.

In addition, the final site plan as required above in Section 1704A.1, shall include all information contained on the preliminary PUD plan, including all modifications required in connection with the approval of the preliminary PUD plan by the Township Board. The final PUD plan must also include the following, if not already required by Section 1913. Examples of graphical information may follow this Section.

a.

Property lines of adjacent parcels or tracts of subdivided and unsubdivided land shown in relation to the proposed PUD project site, including those areas across abutting roads.

b.

Location, widths and names of existing public and private road rights-of-way, private drives, and public easements within or adjacent to the proposed PUD project site, including those located across abutting roads.

c.

Location and dimensions of existing structures within 300 feet of the PUD project site, including notations as to which on-site structures will be retained and which will be removed or altered.

d.

Location of existing natural features, such as but not limited to, woodlands, drainageways, floodplains, lakes, ponds, trees of 10 inch caliper at 3 feet above ground level, wetlands and an existing topography drawn at a 10-foot contour interval and extended a minimum distance of 300 feet outside the PUD project boundaries.

e.

Location and dimensions of proposed public and private road rights-of-way, acceleration/deceleration lanes, private drives, parking spaces, maneuvering lanes, loading spaces, sidewalks, bicycle paths, trails and any other such structures for vehicular and non-vehicular circulation within the PUD project site. In addition, proposed traffic control measures and proposed street names shall also be indicated.

f.

Location, dimension and drawings of proposed buildings, structures, and setbacks, including building elevations and floor plans. In the case of one-family detached dwellings or two-family dwellings, the proposed building envelope and lot dimensions shall be depicted. It is expected that elevations from all four sides of the building or structure be submitted, unless the Township Board, after receiving a recommendation from the Planning Commission determines otherwise. The drawings shall include architectural design, materials, color, texture, proposed roof pitch and type, and other design features of the proposed buildings and structures to be placed within the PUD project site. For one-family detached dwellings and two-family dwellings, typicals may be submitted. For other buildings and structures, the applicant must provide the specifics, but the Township Board, after receiving a recommendation from the Planning Commission, may allow the applicant to submit general features of the buildings or structures which are not for immediate construction, without supplying specifics.

g.

Location of both recreational and common open space areas, as well as the layout of facilities to be included on developed open spaces.

h.

Final site grading and landscaping plan.

i.

Depiction of proposed phasing and timing of the PUD project, and suggested bonding.

j.

Total site acreage and percent of PUD project site in various uses, including the proposed density of residential uses, and the precise location and borders of various uses allowed for the PUD project.

k.

Description of any other known structures of any kind which are to be placed upon a PUD project site.

l.

The developer shall submit a copy of the plan for any mandated streetlighting, unless it is a part of the final PUD plan. The plan shall show any required overhead streetlights, such as at PUD entrances, and the general number and location of roadside streetlights, and underground power lines and other related equipment servicing said streetlights. The plan shall also require the developer to pay for the streetlights and the installation of same directly to the Township prior to final PUD plan approval and rezoning. The plan shall also require that the streetlights be installed, connected, powered, and made operable so as to light during all periods of darkness, no later than one year after the date when the roads in the phase of the PUD are constructed. The plan shall also require, prior to streetlight installation and final PUD plan approval and rezoning, that a special assessment district be put in place to proportion the cost of the streetlighting utility usage charges fairly among each parcel owner, lot owner, and/or unit owner within the phase of the PUD. The special assessment may be spread equally, or unequally if the Township Board determines that to be more fair. Until such time as the final PUD plan is approved, rezoning occurs, and any land division, condominium master deed or subdivision plat is recorded, the special assessment shall run against the whole parcel as if it were not yet split, condominiumized or subdivided. After such time as the final PUD plan is approved, rezoning occurs, and any land division, condominium master deed or subdivision plat is recorded, the next annual assessment shall reflect the approved spread of the assessment against each parcel owner, lot owner and/or unit owner as indicated on the final PUD plan.

3.

Consistency with Preliminary PUD Plan: The final PUD plan submittal shall not:

a.

Vary the proposed residential density or use in any portion of the PUD project site by more than 5%, and any such change of 5% or less must be approved by the Township Board, after receiving a recommendation from the Planning Commission.

b.

Involve a reduction of the area set aside for common open space.

c.

Increase by more than 5% the floor area proposed for non-residential use, and any such increase of 5% or less must be approved by the Township Board, after receiving a recommendation from the Planning Commission.

d.

Increase by more than 5% the total ground area covered by buildings, and any such increase of 5% or less must be approved by the Township Board, after receiving a recommendation from the Planning Commission.

e.

Vary in any other manner unless the Planning Commission deems such variance immaterial.

4.

Staff, and County Road and Drain Commission Staff Review and Advice: The final PUD plan shall be reviewed by the Township Planning staff and Township Engineer, and shall be submitted to the County Road Commission and Drain Commission staff for their review. These reviews shall be the final review of the project. Each final review by the staff shall be placed in a written form and be made available to the Planning Commission and the applicant before the second public hearing.

5.

Required Second Public Hearing: After the submittal of the final PUD plan and all submittals for a rezoning of the lot(s) or parcel(s) to PUD, the rezoning public hearing shall be held by the Planning Commission in accordance with the laws applicable to rezoning. Notice and publication shall occur as required for all rezonings.

6.

Planning Commission Action: After the second public hearing (rezoning public hearing) the Planning Commission shall review the final PUD plan submittal to ensure conformance with the approved preliminary PUD plan and this Ordinance. The Planning Commission shall then review the rezoning request to determine if the rezoning should be approved, which shall include the approval of the final PUD plan. The Planning Commission may request that modifications be made prior to any approval or it may request modifications with its approval and submit its recommendation and suggested modifications to the Township Board. The Planning Commission shall submit its recommendation to the Township Board, which at a minimum shall include the Minutes from the second public hearing and the Minutes from the Planning Commission meeting at which the Planning Commission reviewed the final PUD plan, and any Township and County staff reports. The Planning Commission recommendation shall be to approve, approve with modifications, or deny the rezoning and final PUD plan. The PUD application and submittals, and the action of the Planning Commission shall be filed with the County Planning Commission, which shall take action in its normal manner for a rezoning. The recommendation of the County Planning Commission shall be filed with the Township Board.

7.

Township Board Authorization: The Township Board shall review the recommendation of the Planning Commission, the Minutes from the second public hearing, and the Minutes of the Planning Commission meeting at which the Planning Commission reviewed the final PUD plan submitted, and review any Township and County staff reports, and review the recommendation of the County Planning Commission, and either approve or deny the rezoning, and either approve, approve with modifications, or deny the final PUD plan submittal. The applicant or agent for the applicant must appear at the meeting at which the Township Board is scheduled to review the rezoning and final PUD plan submittal. The Township staff shall mail notice of the meeting to the applicant or the applicant's agent at some time prior to the Board meeting. The applicant and the Planning Commission shall be notified of the Township Board's actions in writing. If the Township Board denies the rezoning and final PUD plan submittal, the written notification shall include the reasons for the denial.

8.

Phasing and Bonding: Any phasing and bonding approved with the preliminary PUD plan shall be carried forward into the final PUD plan approval. The Township Board may require changes to the approved phasing and bonding, or additional phasing conditions and bonding.

9.

PUD Agreement: If the Township Board approves the rezoning and final PUD plan submittal, the Township attorney shall be instructed to prepare a PUD Agreement setting forth the approval and the conditions upon which the approval was based. The Agreement should be executed, after it is in a form that is acceptable to both parties, and it shall then be recorded in the office of the Monroe County Register of Deeds. At a minimum, the PUD Agreement shall provide:

a.

Certified metes and bounds boundary survey and legal description of the final PUD plan site, including surveyed divisions of the lots and parcels, and various land use areas set aside within the PUD project site, along with legal descriptions thereof, and of any condominium units, subdivision lots, or condominium or subdivision common areas.

b.

List of permitted uses and any conditions attached to the establishment of a specified use, along with the areas where the permitted uses shall be allowed.

c.

Statement regarding the applicant's intentions regarding sale and/or lease of all or portions of the PUD project site, including common and open space areas, dwelling units, non-residential development sites and buildings, and recreational facilities.

d.

Provision assuring that the common open space areas, private roads, commonly used private drives, and other easements or areas under common usage, shown on the final PUD plan, will be or have been irrevocably committed for that purpose and that satisfactory ownership and maintenance of these areas is assured. Also, the method of assessments and enforcement of any assessments shall be included.

e.

Statement of covenants, easements (including easements for public utilities) and other restrictions to be imposed upon the PUD project site, and uses of the land and structures to be placed on the PUD project site.

f.

Statement regarding the phasing and timing of the PUD project, including the erection of the infrastructure and other commonly used improvements not related to any specific building.

g.

The cost of installing all required infrastructure improvements and utilities has been assured by a satisfactory bond.

h.

A copy of the approved final PUD plan should be attached as an exhibit, and the applicant shall provide, in a form sufficient for recording, a duplicate of the PUD plan for attachment to the PUD Agreement.

If any final PUD plan is amended for the PUD project, it may be necessary to amend the PUD Agreement. If so, the amendment shall include any of the items listed above, as may need to be modified, and the Township Board or Planning Commission and the applicant shall work together towards approving, executing and recording said amendment.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02; Ord. No. 44A-221, § 3, 5-20-03)

Sec. 1705A.. 

1.

Approval of a PUD (rezoning and final PUD plan approval) shall be allowed only if the following criteria are met, as determined by the Township Board:

a.

Approval of the PUD is generally consistent with, and promotes the intent and purpose of this Ordinance, including, but not limited to this Article XVIIA.

b.

Although mixed uses or different uses may be appropriate for certain PUD projects, (subject to acceptable PUD plans), generally the PUD must provide for types and amounts of land uses that are reasonably calculated to be compatible with adjacent land uses, the natural environment and the capacities of public services and facilities affected by the PUD.

c.

The PUD provides for types and amounts of land uses that are consistent with the public health, safety and welfare of the Township.

d.

The PUD promotes the use of land in a socially and economically desirable manner.

e.

A PUD plan is submitted which provides for site development and building erection that is (1) consistent with, and promotes the intent and purpose of this Ordinance, (2) is reasonably calculated to be compatible with adjacent land uses, the nature of environment and the capacities of public services and facilities affected by the PUD, (3) is consistent with the public health, safety and welfare of the Township, and (4) promotes development in a socially and economically desirable manner.

f.

The PUD will, in all likelihood, result in a recognizable and substantial benefit to the ultimate users of the PUD project and the Township, where such benefit would otherwise be unfeasible or unlikely to be achieved without the PUD.

g.

The PUD will, in all likelihood, not result in a substantial negative impact on surrounding lots or parcels, in terms of property value, noise, light, fumes, vibration or traffic.

2.

Reasonable conditions may be required with the approval of a PUD, to insure that public services and facilities affected by the PUD will be capable of accommodating increased service and facility loads caused by the PUD, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed PUD.

c.

Be necessary to meet the intent and purpose of this Ordinance, be related to the standards established in this Ordinance for the PUD project under consideration, and be necessary to insure compliance with those standards.

3.

The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Township Board and the property owner. The Township Board shall maintain a record of conditions which are changed.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02)

Sec. 1706A. 

1.

Major PUD Plan Amendments: Major PUD plan amendments shall be reviewed and approved in the same manner as for an original submittal, except there shall be no second public hearing and rezoning required, unless additional land is involved, and shall require the mutual consent of the property owner and the Township. Major PUD plan amendments shall include all plan revisions other than those specifically set forth in paragraph 2 below in this Section 1706A, which are classified as minor PUD plan amendments.

2.

Minor PUD Plan Amendments: The following PUD plan amendments shall be considered minor PUD plan amendments and may be approved by the Planning Commission without requiring a public hearing and without requiring a submittal to the Township Board. In any event, the Planning Commission shall have the authority to determine that a particular change, although a minor PUD plan amendment, is significant enough that it should be referred to the Township Board for final approval. Furthermore, the Planning Commission or the Township Board shall have the discretion to determine that an amendment is a major PUD plan amendment, and require that the amendment be reviewed and approved only after a public hearing. The following are minor PUD plan amendments:

1.

Substituting landscape materials provided a nurseryman or landscape architect certifies that the substituted species is of a similar nature or quality.

2.

Changing the location and/or design of exterior light fixtures provided that there will be no change in the intensity of site lighting, the design is consistent with the PUD's overall design character, and the location conforms to the requirements of this Ordinance and the general lighting plan approved as part of the original PUD plan.

3.

Changing the height, dimensions, materials or location of approved signage, provided that the sign design is consistent with the PUD's overall design character and the sign does not violate the general sign requirements of this Ordinance.

4.

Changing the height, dimensions, materials or location of approved fencing, provided that the fencing is consistent with the PUD's overall design character and the fence does not violate the general fence requirements of this Ordinance.

5.

Altering the location of the non-vehicular circulation system provided that the system maintains connections to common open space areas and adjacent neighborhoods and developments.

6.

Altering the location of any accessory structure that is less than 500 square feet in area, provided the location is consistent with the PUD's overall design character and the location does not violate the general accessory building requirements of this Ordinance.

7.

Any other items that the Planning Commission determines to be minor.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02)

Sec. 1707A. No decision or condition, or request for interpretation, related to any PUD submittal, PUD approval, PUD plan or PUD agreement shall be submitted to the Board of Zoning Appeals. The Board of Zoning Appeals shall have no jurisdiction over any decision or condition, or interpretation of any PUD submittal/PUD approval, PUD plan or PUD agreement.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02)

Sec. 1708A. If the Township Board, after receiving a recommendation from the Planning Commission, determines, either during the PUD plan submittal process, or after the final PUD plan has been approved, or during construction or after construction of the infrastructure, buildings or any other structures or items to be erected in connection with the PUD, that any of the requirements of this Ordinance, a PUD plan, or conditions of a PUD plan approval, or terms or conditions of the PUD Agreement are not being complied with, the Township Board may revoke any PUD plan approval and/or PUD agreement. In the event of such revocation, the Township Board shall be free to rezone the lot(s) or parcel(s) in the PUDs or any portion thereof, to any zoning classification it deems appropriate, after following the proper procedures for a rezoning. The Township Board may also agree to accept application from the applicant or a new applicant for a revised PUD project, which shall follow the same procedures as for a new application. Also, in the event of such revocation, the owner(s) of the lot(s) or parcel(s) of land included within the PUD project shall be responsible for bringing the lot(s) or parcel(s) of land into compliance with the new zoning classification, if it is changed or with the amended PUD approval. Also, in the event of such revocation, the Township shall be allowed to record a termination of the PUD Agreement with the Monroe County Register of Deeds, and it is not necessary that the owner of the lot(s) or parcel(s) of land involved with the PUD project approves of or executes that Termination. Prior to revoking any PUD plan approval and/or recording any Termination of the PUD Agreement, the owner of the lot(s) or parcel(s) involved with the PUD project shall be notified by first class mail or by personal delivery of the time, date and place where the matter will be reviewed. The name(s) and address(es) of the owner(s) shall be determined according to the latest records of the Township Treasurer's office for purposes of issuing real estate property tax statements. Each of the Planning Commission and the Township Board shall send notice to the owner(s) of the meetings where the Planning Commission or the Township Board is scheduled to take up the matter. That notice shall be mailed or delivered no less than ten days prior to the meeting at which the matter will be reviewed. The remedies stated herein shall be in addition to, and not considered a replacement of any other remedies that may be available to the Township, including those generally provided for in this Ordinance. A violation of a PUD or PUD Agreement shall be considered a violation of this Ordinance.

(Ord. No. 44A-187, § 2, 12-7-99; Ord. No. 44A-211, § 1, 7-16-02)