Traditional zoning, with its rigid separation of uses into different zones under very restricted placement controls, has been recognized as being inappropriate to many types and sizes of developments. Planned unit developments (PUD) modify the traditional forms of zoning to permit a developer to secure advantages which can be passed on to the general public by virtue of more desirable and more economical development. This chapter 10 provides a controlled degree of flexibility in the placement of structures, and lot sizes, and uses, while maintaining superior planning and development standards. The PUD provisions shall be applied as a zoning district, in accordance with the regulations of this chapter.

(Ord. of 2-1-2018, § 10.01)

(a)

The PUD objectives are intended to guide the applicant in the preparation of the land use and development plan and they shall be used as a basis for the evaluation of the proposed PUD. The following objectives shall be considered in reviewing an application for PUD zoning in order to realize the inherent advantages of coordinated, flexible, comprehensive, and long-range, planning and development of the PUD:

(1)

To provide more desirable living, shopping and working environments by preserving the natural character of open fields, stands of trees, brooks, ponds, floodplains, shorelines, hills, and similar natural assets.

(2)

To encourage, with regard to residential use, the provision of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units.

(3)

To encourage developers to use a more creative and imaginative approach in the development of residential areas.

(4)

To provide more efficient and aesthetic use of open areas.

(5)

To encourage innovation in the physical development pattern of the township by providing a variety of housing arrangements with well-designed access and circulation.

(6)

To ensure compatibility of design and function between neighboring properties.

(7)

To promote efficient provision of public services and utilities.

(8)

To allow a process to consider the open space development option per the Zoning Enabling Act.

(b)

Planned unit developments are not intended to be used for circumventing the more specific standards and requirements of this chapter, or the planning upon which they are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning requirements, but with specific modifications that, in the judgment of the township, ensure a superior quality of development. If this improved quality is not clearly apparent, an application shall not qualify for the modifications allowable under this chapter.

(Ord. of 2-1-2018, § 10.02)

To be eligible for planned unit development approval, the applicant must demonstrate that all of the following criteria will be met:

(1)

Demonstrated benefit. The PUD shall provide one or more of the following benefits not possible under the requirements of another zoning district:

a.

Preservation of significant natural or historic features.

b.

Preservation of agricultural lands.

c.

A complementary mixture of uses or a variety of housing types.

d.

Common open space for passive or active recreational use. Noncontiguous open space is permitted but in no case shall the project open space be less than ten percent of the total site area.

e.

Redevelopment of a nonconforming site where creative design can address unique site constraints.

(2)

Control of property, unified agreement. Landowners involved in an application for a proposed planned unit development must provide a signed agreement among all involved parties, which is approved by the township's attorney, that indicates their unified approach to the PUD development concept.

(Ord. of 2-1-2018, § 10.03)

(a)

Process. An application for a PUD shall consist of the following minimum requirements:

(1)

A fully completed and signed application form as provided by the township.

(2)

The application review fee and any other fees required by the township.

(3)

A legal description of the property to be included in the PUD.

(4)

Twelve copies of a parallel plan and a preliminary plan, or final plan, as applicable, completed in accordance with the requirements of this chapter.

(5)

A planned unit development approval shall require a rezoning from the existing zone district to the PUD district. The rezoning shall not be considered until approval of a final PUD plan has been granted.

(6)

Within one year from the preliminary plan approval the applicant shall submit a final PUD application and a petition for PUD rezoning. Failure to submit the application within this time will void the preliminary plan approval.

(7)

A table of modifications.

(b)

PUD review steps. Review of PUD proposals shall be processed in accordance with the following steps:

(1)

Preliminary PUD development plan and rezoning.

a.

Preapplication conference.

b.

Preliminary plan and rezoning request submission.

c.

Planning commission review, public hearing, and recommendation.

d.

Township board review and decision.

(2)

Final PUD development plan.

a.

Preliminary development plan submission.

b.

Planning commission review, public hearing (if determined), and recommendation.

c.

Township board review, public hearing (if determined), and decision.

(c)

Deviations from minimum requirements. District regulations applicable to a land use in a PUD may be altered from those of the district in effect immediately prior to the PUD rezoning, which shall be limited to, modification from the lot area and width, building setbacks, height, lot coverage, minimum floor area, landscaping, lighting, signs, and parking. The applicant for a PUD shall identify, in writing, all intended deviations from the prior zoning being proposed. Deviations may be approved during the preliminary PUD development plan review by the township board after the planning commission recommendation. These adjustments may be permitted only if they will result in a higher quality of development or better integration of the proposed use with surrounding uses. The application shall demonstrate and justify how the proposed deviations achieve the purposes of PUD expressed in sections 24-307 and 24-308 and the recommendations of the township master plan.

(Ord. of 2-1-2018, § 10.04)

Preapplication conference. The purpose of a preapplication conference with township officials and the zoning administrator is to review the concept of the proposed PUD, discuss the review process, and determine the eligibility of the request.

(1)

Conference request. A request for a preapplication conference shall be made to the zoning administrator.

(2)

Requirement materials. As part of the preapplication conference, the applicant shall submit a copy of a sketch plan that shows the property location, boundaries, significant natural features, vehicular and pedestrian circulation, and land use for the entire site.

(3)

Guidance. The zoning administrator shall advise the applicant of the conformance of the PUD concept with the objectives of the township, whether the concept qualifies under the requirements of this chapter, and whether the general concept is substantially consistent with the township master plan. Formal action shall not be taken at a preapplication conference and statements made at the preapplication conference shall not be considered binding commitments or an approval of the concept.

(Ord. of 2-1-2018, § 10.05)

(a)

Application. Applications for PUD review approval shall include 12 copies of the following materials at least 30 days prior to the meeting at which the planning commission will review the application. The zoning administrator may, subject to the concurrence of the planning commission, waive any of the application requirements contained in this section if it is determined that such information is not necessary to determine compliance with the provisions of this chapter.

(b)

Submittal requirements.

(1)

Preliminary plan. The preliminary plan may be in general, schematic form containing, at a minimum, the following:

a.

A legal description of the site, reflecting area size and boundary line dimensions. A current, properly notated surveyor's map may be acceptable.

b.

The preliminary plan shall show enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed.

c.

Existing and proposed land uses and their approximate location, character, density, and type, including the character and approximate net residential density being proposed.

d.

Existing topographic character of the site.

e.

Circulation patterns, including roadways, drives, parking areas, and pedestrian ways.

f.

Public uses, including schools, parks, open space, etc.

g.

Existing floodplains, bodies of water, wetlands and other unbuildable areas.

h.

Existing significant natural features and planned open space.

(2)

Project narrative and supplemental information. A written statement shall also be submitted with the preliminary plan containing, at a minimum, the following information:

a.

An explanation of the character of the PUD, the way it has been planned to take advantage of the PUD regulations, and the manner in which it reflects the PUD objectives of this chapter.

b.

Stages or phases in which the project will be built, including the expected starting and completion dates of each phase.

c.

A general indication of the expected schedule of development.

d.

A general indication of the expected public interest to be served by the PUD and conformance of the PUD to the township master plan.

e.

A general statement regarding conformance to the development requirements for the PUD as stated in this chapter.

f.

An indication of any contemplated private deed restrictions or covenants.

g.

A description of how the PUD meets the requirements of section 24-309.

(3)

Fee. An application fee as established by the township board is required.

(c)

Planning commission review.

(1)

Initial review. The planning commission shall review the preliminary development plan at a regular or special meeting. Upon determination by the planning commission that the application meets the requirements of this chapter, a public hearing shall be set. Notice of the public hearing shall conform to the requirements of section 103 of the State of Michigan Zoning Enabling Act.

(2)

Public hearing and recommendation. The planning commission shall review the preliminary PUD plan in consideration of public hearing comments, technical reviews from township staff and consultants, correspondence from applicable review agencies, and compliance with the standards of this chapter, and other applicable township standards and requirements. The planning commission shall recommend approval, approval with conditions or denial of the preliminary PUD plan and rezoning to the township board. The recommendation shall be based on the following:

a.

Whether all applicable provisions of this chapter are met.

b.

Whether the qualifying conditions in section 24-309 are met.

c.

Conformance of the PUD request with the township master plan.

d.

The overall objectives of PUD as stated in section 24-308.

e.

The development requirements and permitted uses for the PUD. The PUD shall not change the essential character of the surrounding area, unless called for in the township master plan.

f.

Compatibility of the proposed PUD and its specific uses with existing and proposed development in the surrounding area.

g.

The proposed lot dimensions and building and yard requirements shall result in a higher quality of development than would be possible using conventional zoning standards.

h.

The uses conducted within the proposed PUD, the PUD's impact on the community, and other aspects of the PUD are consistent with the township master plan.

i.

The PUD shall not place demands on public services and facilities more than current or anticipated future capacity.

(3)

Conditions. The recommendations of the planning commission concerning the preliminary development plan may include, but need not be limited to, the following:

a.

Additions, deletions or changes to the preliminary development plan which are deemed necessary to comply with the standards for approval.

b.

Request for additional information to be provided as part of the final development plan submittal.

(4)

Applicant. A copy of the recommendations pertaining to the preliminary development plan shall also be transmitted to the applicant.

(d)

Township board review.

(1)

Township board action. Following receipt of a recommendation from the planning commission on the preliminary PUD development plan and rezoning, the township board shall review the application and approve, deny, or approve with conditions.

(2)

Conditions. In accordance with the Michigan Zoning Enabling Act, reasonable conditions may be attached to the approval of a PUD for the purpose of 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; protecting the natural environment and conserving natural resources; ensuring compatibility with adjacent uses of land; promoting the use of land in a socially and economically desirable manner; and furthering implementation of the township master plan. Conditions attached to the approval shall be incorporated into the PUD adoption ordinance.

(3)

Rezoning. Upon approval by the township board, the property, subject to the preliminary development plan, shall be rezoned to PUD, which shall become effective after notification and publication according to the Michigan Zoning Enabling Act.

(e)

Requirements after final approval. After final approval, the following requirements shall also be met, if applicable:

(1)

Where the provisions of Public Act No. 288 of 1967 (Land Division Act) or the Condominium Act shall apply, the applicant shall thereafter submit the information and plans as may be required by the Act and all other local procedures or regulations pertaining to planning approval. Subdivision platting or site condominium review may run concurrently with final PUD plan review.

(2)

The township board shall cause to have legal documents or contracts prepared which involve the township and are required as a result of the conditions contained in the final approval. These include, but are not limited to, provision of public services, arrangements for the perpetual maintenance and protection of designated open space and description of the approved building designs and density. All legal documents and contracts shall be executed and recorded in the office of the county register of deeds.

(3)

The preliminary PUD plan shall not be considered effective until the applicant submits a written acceptance of the approval. This must be provided within seven days of approval to provide sufficient time for publication in the newspaper and establishment of an effective date of the PUD rezoning.

(Ord. of 2-1-2018, § 10.06)

(a)

General requirements. Within one year from the preliminary PUD plan review, the applicant shall submit an application for a final PUD plan. A preliminary PUD plan approval shall expire after the one-year time period, unless a request for an extension is submitted and approved by the township board.

(b)

Application. Applications for PUD review approval shall include 12 copies of the following materials at least 30 days prior to the meeting at which the planning commission will review the application. The zoning administrator may, subject to the concurrence of the planning commission, waive any of the application requirements contained in this section if it is determined that such information is not necessary to determine compliance with the provisions of this chapter.

(c)

Submittal requirements.

(1)

Site plan. A final site plan as specified in chapter 12 of this chapter for the entire PUD or for one or more phases of the PUD.

(2)

Project narrative and supplement information.

a.

A development schedule indicating the approximate date for commencement of construction.

b.

Agreements, provisions, or other covenants which will govern use, maintenance, and continued protection of the PUD and any of its common use or open space areas.

(3)

Fee. An application fee as established by the township board.

(d)

Planning commission review. The final PUD plan and all of its phases shall conform substantially to the reviewed preliminary plan. Should the planning commission find that major alterations to the preliminary plan or any phase of the PUD have been made, the commission may elect to treat the application as a new preliminary plan in accordance with the procedures in section 24-312. The final PUD plan shall also conform to the site plan review standards of chapter 12 of this chapter.

(Ord. of 2-1-2018, § 10.07)

(a)

No building permits may be issued until the final approval is granted and the written acceptance has been received.

(b)

The zoning administrator shall inspect the development at each stage to ensure reasonable compliance with the conditions of the final PUD approval, the final site plan and the approved schedule of improvements.

(c)

If the PUD is to be developed in phases, the final site plan may be prepared for one or more phases. Approval of the final PUD shall be completed prior to the development of an individual phase. All phases must be generally consistent with the approved preliminary sketch plan for the PUD.

(Ord. of 2-1-2018, § 10.08)

(a)

Following approval of the final site plan the zoning administrator may approve certain minor deviations. The applicant or landowner who was granted site plan approval shall notify the zoning administrator of any proposed amendment to the approved site plan in writing, accompanied by a site plan illustrating the proposed change. The request shall be received prior to initiation of any construction in conflict with the approved plan.

(b)

The zoning administrator shall determine whether the change is major, warranting review by the planning commission, or minor, allowing administrative approval, as noted below.

(c)

The zoning administrator may approve the proposed revision upon finding the change would not alter the approved design or provisions of the PUD would not reduce the area devoted to open space, and all applicable regulations of this chapter will be met. The zoning administrator shall inform the planning commission of the approval in writing.

(d)

The zoning administrator shall consider the following when determining a change to be minor:

(1)

For residential buildings, the square footage of structures may be reduced or increased by ten percent of the originally approved area, provided the overall density of units does not increase, the minimum square footage and parking requirements are met, and the buildings do not extend into any required open space or required setback.

(2)

Gross floor area of nonresidential buildings may be decreased; or increased by up to three percent or 2,000 square feet, whichever is smaller, of the originally approved area, provided parking requirements are met, and the building does not extend into any required open space or required setback.

(3)

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

(4)

Relocation of a building by up to five feet, if consistent with required setbacks, open space and other requirements.

(5)

Height of buildings may be lowered.

(6)

Designated woodlands or areas not to be disturbed may be increased.

(7)

Plantings on the approved landscape plan may be replaced by similar types of landscaping on an equal or greater basis; any trees shown as preserved on the final site plan and subsequently lost during construction shall be replaced on a caliper per caliper basis on the site. For example, a 12-inch in diameter tree could be replaced with six two-inch in diameter trees.

(8)

Improvements or slight relocation of site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing or pedestrian/bicycle paths, where appropriate.

(9)

Changes of building materials to another of higher quality, or a slight change in the color of the exterior material, as determined by the zoning administrator.

(10)

Grade change of up to one foot, after review by the township engineer.

(11)

Modification of entry design, sign placement or reduction in size of signs, which is consistent with the intent of the approved PUD plan.

(12)

Internal rearrangement of parking lots which does not affect the number of parking spaces or alter access locations or design.

(13)

Changes to the location of accessory buildings and structures, when the new location will be consistent with the building envelope identified on the approved plan.

(14)

Changes required or requested by the county or state for safety reasons.

(e)

Should PUD approval or any regulatory modifications are not subject to variance approval the zoning administrator determine that a requested amendment to the approved final PUD site plan is major, re-submittal to the planning commission shall be required. Should the planning commission determine that the modifications are inconsistent with the approved preliminary PUD plan, a revised preliminary sketch plan shall be submitted according to the procedures outlined in this chapter. In all cases, a change in use to a more intensive use than approved in the preliminary sketch plan shall be considered major and require resubmission of a new preliminary sketch plan.

(f)

Decision granting of the zoning board of appeals. No decision regarding the PUD may be appealed to the zoning board of appeals, nor shall an application for variance be accepted. This provision shall not preclude an individual lot owner from seeking a variance following approval of the final PUD, provided the variance does not involve alterations to open space areas as shown on the final PUD site plan and otherwise meets the applicable review standards applicable to variances in this chapter.

(Ord. of 2-1-2018, § 10.09)

(a)

Permitted uses. The following uses of land and structures may be permitted within a PUD:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings, provided that these units make up no more than 20 percent of the total number of residential dwelling units in the PUD, or any phase of the PUD.

(3)

Multiple-family dwellings, provided that these units make up no more than 20 percent of the total number of residential dwelling units in the PUD, or any phase of the PUD.

(4)

Golf courses, indoor tennis clubs, athletic clubs, and marinas, including ancillary commercial activities such as pro shops, restaurants (excluding those with drive-through facilities), and similar uses, open only to members and their guests.

(5)

Any permitted use or special land use within the C district, subject to township approval, provided that:

a.

The total site of the PUD where the commercial uses are located is at least ten contiguous acres;

b.

The gross area designated for commercial use, including parking, access ways, and yards or open space, shall not exceed ten percent of the gross site area of the PUD;

c.

All of the uses are integrated into the design of the project with similar architectural and site development elements, such as signs, landscaping, etc.;

d.

The uses shall not materially alter the residential character of the neighborhood and/or the PUD;

e.

All merchandise for display, sale or lease shall be entirely within an enclosed building; and

f.

Buildings designed for commercial or office uses are constructed according to the following schedule:

1.

If the entire PUD contains fewer than 20 dwelling units, 75 percent of these units must be constructed prior to beginning construction of any nonresidential use.

2.

If the PUD contains more than 20 dwelling units, 50 percent of these units shall be constructed prior to beginning construction of any nonresidential use.

3.

In no case shall commercial uses be established without the construction and occupancy of at least 20 residential dwelling units or ten percent of the total number of residential units, whichever is greater.

(6)

Accessory buildings, structures, and uses, as regulated by section 24-85.

(7)

On-site service wind energy conversion systems (WECS), subject to section 24-105.

(b)

Design standards.

(1)

Density and height limits of the district from which the PUD was zoned shall not be increased by more than 25 percent.

(2)

The minimum lot area requirements for any residential lot may be reduced by ten percent of the underlying zone district requirement; provided, however, the township board may permit additional relaxation, not to exceed a total of 25 percent, based on demonstration that the project has been designed to protect and maintain the natural character of the site, and will not be harmful to surrounding land uses.

(3)

Utilities shall be underground to the maximum extent feasible.

(4)

Dead-ends or cul-de-sacs serving the development are discouraged. Eyebrow, court, or stub streets are preferred.

(5)

Where adjoining areas are not subdivided, the arrangement of streets within the PUD may be required to be extended to the boundary line of the project to make provision for the future projection of streets into adjoining areas.

(6)

Pedestrian gathering and seating plazas, greenways and tree lined drives shall be within parking lots and throughout the site to provide an inviting pedestrian environment, protection of the pedestrian from vehicular circulation for improve traffic operations and views.

(7)

Site amenities to create a pedestrian scale environment shall be provided such as bike racks, benches, information kiosks, art, planters, or streetscape elements to separate principal buildings from the parking lots.

(8)

Natural features shall be preserved to the maximum extent possible.

(9)

At least 15 percent of the site shall be set aside as dedicated common open space. At least one-third of the common open space shall be usable open space. The open space and access to it shall be permanently marked and designed so individuals in the development are not forced to trespass to reach the recreational or common open spaces. Open space shall be permanently protected and evidence of the method of protection provided to the township.

(10)

To reduce the potential for soil erosion, no building shall be sited on slopes steeper than 15 percent, within 100 feet of any ordinary high water mark, wetland, or on soil classified as being very poorly drained.

(c)

Open space.

(1)

Open space may be established to separate use areas within the PUD, where significant natural features may be preserved, and/or be used for passive or active recreation.

(2)

Open space, except for where trails and bike paths are located, shall have minimum dimension of 100 feet by 100 feet.

(3)

The designated open space shall be of functional value as it relates to opportunities for wildlife habitat, woodland preservation, agricultural use, recreation, visual impact, and access.

(4)

The open space and access to it shall be permanently marked and designed so individuals in the development are not forced to trespass to reach recreational or common open spaces.

(5)

Requirements for maintenance of the open space shall be provided. In the event that the open space is not adequately maintained, or is determined by the zoning administrator to be a public nuisance, the costs for maintenance shall be assessed upon the owners of the open space.

(6)

All land set aside as open space shall be deed restricted to ensure that the open space is preserved in perpetuity. Land set aside for agriculture uses may, at the discretion of the property owner, be converted to open space, but shall not be used as land for the construction of additional dwellings, nor used for any other development, unless an amendment to the PUD is applied for and approved.

(Ord. of 2-1-2018, § 10.10)

(a)

Residential density. The total number of dwelling units permitted within a PUD shall be computed by multiplying the maximum permitted density (units per acre) by the total acreage of the PUD property, excluding land within public or private road rights-of-way and public easements, floodplain and wetland areas, and areas permanently inundated by water.

(b)

Density bonus eligibility. Density bonuses are available for PUDs of ten acres or more.

(c)

Density bonus qualification. To qualify for a density bonus, the property proposed for a PUD shall meet one or more of the following:

(1)

The applicant must demonstrate that the property proposed for a density bonus contains significant and/or unique site conditions, significant natural features, or large open spaces which would otherwise be developed but which will be preserved as open space as a result of granting the density bonus.

(2)

The applicant must demonstrate, in writing and other appropriate material, that the proposed PUD, with its added density, meets the intent of this chapter, in addition to the PUD intent and objectives, as described in sections 24-307 and 24-308, and all other requirements of this chapter for a PUD.

(3)

The PUD provides one or more of the following features:

a.

Walking trails/bikeways/pathways through the entire MD/PUD and/or links to adjacent facilities of a similar nature.

b.

Active recreation areas (ball field, tennis court, small playground area or "tot lot," swimming pool, etc.) at a ratio of at least one facility per 25 dwelling units.

c.

Innovative design features, such as traditional neighborhood development, traffic calming measures, innovative stormwater management, and other similar features throughout the development.

(d)

Review. Density bonuses shall be approved in association with the preliminary PUD plan and rezoning. Where applicable, the township board, after recommendation by the planning commission, may award a smaller bonus than the maximum permitted below. In determining the amount, if any, of a density bonus to be awarded, the township board and planning commission shall consider the location, character, quality and extent of the elements provided.

(e)

Calculation. Open space preservation development may qualify for density bonuses in accordance with the following, provided the total density bonus shall not exceed a maximum of 100 percent of the units otherwise permitted:

(1)

Not less than 30 percent open space: Five percent density bonus.

(2)

Not less than 35 percent open space: Ten percent density bonus.

(3)

Not less than 40 percent open space: 15 percent density bonus.

(4)

Not less than 45 percent open space: 20 percent density bonus.

(5)

Not less than 50 percent open space: 25 percent density bonus.

(6)

Not less than 55 percent open space: 35 percent density bonus.

(7)

Not less than 60 percent open space: 45 percent density bonus.

(8)

Preserving natural features such as wooded areas, wetlands, floodplains, and unique vegetation areas will qualify for up to a 30 percent density bonus, depending on the degree of preservation.

(9)

If, due to the use of setbacks, vegetative screen, topographic relief, or a combination of such elements, no dwelling units or other developed portion of the PUD, other than the entrance road, are visible from any perimeter road, will qualify for a bonus density of up to 25 percent.

(10)

Providing a natural vegetative buffer of at least 100 feet around the perimeter property lines of the PUD will qualify for a density bonus of up to 25 percent.

(11)

Including a restriction in the PUD agreement prohibiting the removal of tree cover (except for dead and diseased trees) beyond a 50-foot distance from all dwelling units (except for roads or other necessary utility and stormwater management elements of the MD/PUD) will qualify for up to a ten percent density bonus.

(12)

Providing passive recreation opportunities for the residents of the PUD, including trails, boardwalks, nature interpretive markers, and similar amenities, throughout the site will qualify for up to a ten percent density bonus.

(13)

Combining three or more parcels under different ownership for the PUD project will qualify for up to a ten percent density bonus.

(14)

Use of innovative stormwater management techniques (as determined by the township engineer), such as rain gardens, pervious surface paving, vegetative swales, or green roofs, will qualify for up to a 20 percent bonus.

(f)

Development regulations. The following development regulations apply to PUDs of ten acres or over where a density bonus is to be awarded:

(1)

Principal and accessory buildings shall maintain at least a 50-foot setback from the boundaries of the MD/PUD site, unless a greater distance is required by this chapter.

(2)

Lot sizes for detached single-family dwellings may be reduced from the minimums specified elsewhere in this chapter, but shall not be less than 7,000 square feet in area. There shall be no minimum yard setback requirements, provided no principal buildings shall be closer than ten feet to any other building.

(3)

No building site shall be permitted to gain direct access to any public or private street not constructed or planned as part of the MD/PUD.

(4)

Natural vegetation on single-family residential lots shall be preserved to the greatest degree possible:

a.

The total clearance zone area of any single-family residential lot shall be limited to that necessary to construct buildings, drives, sidewalks, or other facilities or structures, but in any case, shall be limited to 15,000 square feet, or 40 percent of the area of the lot, whichever is less; unless density bonus points have been granted based on more restrictive requirements, in which case the more restrictive shall prevail.

b.

In any case, the planning commission, as part of final plan review, may allow additional lot clearance zone area upon finding that the applicant has demonstrated that the limitation does not allow sufficient area for building and lot development, due to the presence of significant natural features or other limitations related to the physical features of the site.

c.

Clearance zone areas shall be clearly staked on each lot by the developer and approved by the zoning administrator prior to any construction activity or land clearing and no disturbance of the site shall take place outside of the clearance zone. This does not prohibit, however, thinning of overgrowth and removal of noxious species.

(5)

A development setback of at least 75 feet shall be provided from any abutting perimeter street not part of the MD/PUD. No building envelope shall be permitted within the development setback.

a.

No native or natural vegetation shall be removed from the development setback, except for that necessary for entrance streets or private roads. The planning commission may modify this requirement, provided the applicant demonstrates that the clearing of existing vegetation would contribute significantly to the intent of this chapter.

b.

No grading or changes in topography shall be permitted, except as may be necessary to construct entrance streets or private roads, or provide screening as required in this chapter.

c.

The required 75-foot setback may be reduced to not less than 25 feet, provided a yearround, opaque, natural screen is present or installed which shall afford the desired screening of the development from the street view. A screen shall consist of existing vegetation, land forms, or landscaped areas using native or natural materials, or a combination thereof, but shall not include fences or walls.

d.

The development setback area shall qualify as meeting the required open space.

(Ord. of 2-1-2018, § 10.1)

(a)

Intent. This section is intended to carry out the provisions of the "open space preservation" section of the Michigan Zoning Enabling Act.

(1)

Lands satisfying certain criteria may be developed, at the option of the landowner, with the same number of dwellings on a smaller portion of the land that could otherwise be developed under existing ordinances, laws, and rules on the entire land area.

(2)

This development option is intended to accommodate parcels of land that have physical assets such as tree stands, unique topographic conditions, water and/or swamp areas, or other readily identifiable land characteristics which should be preserved, or parcels where such development could provide a transitional area of low density residential use between a higher density residential use or any nonresidential use of land. Land designated for this development option must either be platted under the provisions of the Michigan Land Division Act or must comply with the Condominium Act (Public Act No. 59 of 1978, as amended) and all township ordinances.

(b)

Process. For a landowner to exercise the open space preservation option of the Michigan Zoning Enabling Act, the land involved must be processed as a planned unit development.

(Ord. of 2-1-2018, § 10.1)