The Cluster Residential Development (overlay) District is an alternative development process from the traditional zoning regulations governing residential development as authorized by Section 506 of the Michigan Zoning Enabling Act, P.A. 110 of 2006. Specifically, the Article provides the option for a developer or land owner to develop the same number of dwelling units as authorized by the underlying zoning district regulation on eighty (80) percent, or less (at the discretion of the local municipality), of the property where such undeveloped portion of the property is dedicated as open space in perpetuity.

(Ord. No. 316, 5-19-2008)

Open space for the terms of this Ordinance is defined as land other than streets, roads, driveways, parking areas, building lots, landscaped yard areas immediately surrounding building and structures and any other portion of the property not left in (or restored) with natural vegetative cover greater that twenty-five (25) feet wide and running continuous and contiguous throughout the proposed cluster development, except for the crossing of streets, roads and walkways.

(Ord. No. 316, 5-19-2008)

The Cluster Residential Development (overlay) District option for land development is allowable for use on any vacant and undeveloped parcel of land located within an R-1A, R-1B, R-1C and R-3 Residential Zoning District having minimum of two (2) acres of land area.

A.

Uses Permitted by Right and Special Use Permit. Any use permitted by right and any use allowable by the terms of the underlying zoning district in which the property is located for which a special use permit is issued in accord with the terms of this ordinance.

B.

Applicable Gross Density. The gross density of development of the subject property shall be determined by dividing the minimum lot size required by the underlying zoning district in which the property is located into the gross square feet of the property to be developed; mathematically rounded upward to the higher whole number.

C.

Setback, Lot Frontage and Building Height Provisions. All cluster developments shall provide a front, rear and side yard setback around the perimeter of the property line equal to or greater than the minimum requirements of the underlying zoning district in which the property is located. The lot frontage of the cluster development shall (unless varied by the Board of Appeals) conform to the minimum lot frontage requirement of the underlying zoning district in which the property is located. Building height requirements shall conform to the requirement of the underlying zoning district in which the property is located.

D.

Public Water and Wastewater Requirements. No cluster development shall be approved which does not provide public water and wastewater service to all habitable buildings and structures.

(Ord. No. 316, 5-19-2008)

An application for cluster development approval shall be accompanied with a site plan which shall be processed in accordance with Article XXI. Approval of a cluster development is a rezoning of the subject property designating the property as an Cluster Development (overlay) District.

(Ord. No. 316, 5-19-2008)

All cluster developments shall be recorded as a Plat of Subdivision pursuant to the Michigan Land Division Act, P.A. 87 of 1997, as amended (formally the Michigan Subdivision Control Act) or as a Subdivision Plan (Exhibit C to the Master Deed) pursuant to the requirements of the Michigan Condominium Act, P.A. 59 of 1978, as amended.

(Ord. No. 316, 5-19-2008)

State Law reference— Condominium act, MCL 559.101 et seq.; land division act, MCL 560.101 et seq.

Permanent open space, for the terms of this Ordinance, shall mean permanently undeveloped by means of a conservation easement, plat dedication, restrictive covenant or other legal means that runs with the land, in a form acceptable to the Village Council. In acceptance of the plat/plan of subdivision, pursuant to the Michigan Land Division or Condominium Act, the Village Council shall consider the form of management and maintenance of the open space and apply such conditions to the approval of the Plat of Subdivision or Plan of Subdivision to assure that such open space shall be properly managed and maintained in perpetuity and that the conservation easement, deed restrictions or condominium dedication shall be adequately monitored and enforced by the organization or entity holding title to the easement or property rights of the designated open space.

(Ord. No. 316, 5-19-2008)

The Village Council may approve upon request by the developer and upon finding the proposed plan increases the amount of open space beyond twenty (20) percent of the total lot area, and when such increase complies with the standards for a Special Land Use found in Article XI, Section 19.03, subparagraph 1increase in the number of units allowable by the terms of the underlying zoning district. The increase in the number of units shall not exceed fifty (50) percent of the gross density, the total number of units allowable by the terms of the underlying zoning district.

(Ord. No. 316, 5-19-2008)

Upon a finding by the Village Council that a particular property proposed for development as a cluster development has significant natural features; specifically topography, plant and/or animal habitat, wetlands, the Village Council may recommend the strict terms of this section of the Ordinance be waved by the Board of Appeals for the purpose of protecting and preserving the unique and significant natural features of the property.

(Ord. No. 316, 5-19-2008)

Upon approval of a Cluster Development pursuant to this Article, the Village Clerk shall indicate the subject property on the Official Zoning Map as a Cluster Development (overlay) District by designating the property "CD" and including the data of the rezoning approval in the record of maps amendments.

(Ord. No. 316, 5-19-2008)