Buchanan Township City Zoning Code
ARTICLE XIV
PUD Planned Unit Development
§ 300-14.01 Description and purpose.
A.
To permit, as a form of special use permit, planned unit developments designed to encourage creativity and flexibility in the use and design of structures and land in the Township of Buchanan.
B.
A planned unit development (PUD) is intended to accomplish the following:
(1)
Result in a more efficient pattern of development, with shorter streets and utility networks.
(2)
Preserve existing natural assets, such as stands of trees, floodplains, lake frontage, scenic vistas, prime farmland, and other open spaces.
(3)
Accomplish a more desirable development plan than would be possible through the strict application of the minimum requirements of this chapter.
(4)
Encourage the utilization of open space and the development of recreational facilities generally located within a reasonable distance of all units.
(5)
Provide for supportive mix of land uses and amenities such as day care, office, neighborhood retail, and similar uses, which in the opinion of the Planning Commission, are in conformance with the goals and objectives of the master plan and will enhance the residential stability and economic base of the Township of Buchanan through the application of a special use permit.
(6)
Provide a mechanism for clustering of residential uses and permanent preservation/dedication of important open spaces and prime farmland.
§ 300-14.02 General requirements.
A.
Minimum project area. The minimum project area in all districts shall be 10 acres.
B.
The development must have direct access to a publicly maintained road.
C.
The principal permitted use shall be residential development, consistent with the zoning district of the proposed PUD.
D.
Nonresidential land uses may be integrated into the proposed PUD through approval of the special use permit. Commercial uses may be limited to the development of not more than 10% of the total project area. Examples of commercial uses may include retail stores, personal service establishments, bed-and-breakfast establishments, business or professional offices, golf courses with restaurants and retail components, and day care facilities. However, all proposed commercial uses must meet the intent of the provisions of Article XXIV, Special Use Permit, and be subject to reasonable terms established as part of the special use permit process.
E.
Each principal building in the proposed PUD must be connected to water and sewer facilities that are approved by the Berrien County Health Department and the EGLE.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Each site shall be provided with adequate storm drainage. Open drainage courses and storm retention ponds shall be reviewed and may be permitted by the Berrien County Drain Commissioner.
G.
All utilities including telephone, electric, and cable, within the PUD, shall be located underground.
H.
The minimum area, dimensions and setbacks of individual buildings and lots may be reduced, provided the total number and density of dwellings shall be increased by not more than 15% greater than that which would ordinarily result under the district regulations. Land accruing from reduction in lot requirements shall be laid out, developed and perpetually reserved for open space, recreational and conservation purposes, with such land dedicated to the municipality or conveyed to another competent public or private entity.
I.
Under no circumstances shall industrial uses be permitted within a planned unit development.
J.
Common open space.
(1)
Common open space shall not include proposed street rights-of-way, open parking areas or commercial areas. Common open space may contain accessory structures, bicycle and/or walking paths, agricultural uses, wetlands, improvements necessary or desirable for religious, educational, non-commercial, recreational or cultural uses.
(2)
The area of common open space within a PUD project shall not be less than 20% of the total land area of the project. However, when a water or wetland feature exists on the subject site, water and/or wetlands shall not account for more than 50% of the required open space.
(3)
Open spaces shall be conveniently located in relation to dwelling units.
(4)
Open spaces shall have reasonable, minimum dimensions which are usable for the functions intended and which will be maintainable. Open space designs which emphasize perimeter walking paths as the primary open space feature are not permitted.
(5)
All public areas and facilities which are to be dedicated to a public agency shall be so dedicated prior to approval of a final development plan, unless a binding agreement is provided in lieu of that dedication.
(6)
Legal instruments setting forth the manner of permanent maintenance of common open space and facilities shall be submitted to the Township Attorney for review before the Township Board approves the final development plan. Such instruments may include dedication to permanent conservation easements or homeowner associations.
(7)
Where a homeowners' association is to be used to maintain common open spaces and facilities, the developer shall file a declaration of covenants and restrictions that will govern the homeowners' association. The provisions shall include, but shall not be limited to the following:
(a)
The homeowners' association shall be established before any dwelling in the PUD is sold;
(b)
Membership in the homeowners' association shall be mandatory for each dwelling unit buyer and for any successive buyer and shall be so specified in the covenants;
(c)
Restrictions shall be permanent;
(d)
The homeowners' association shall be made responsible for liability; and dwelling owners shall pay their prorated share of the costs and this requirement shall be specified in the covenants.
(e)
The parking requirements set forth in Article XIX, Parking and Loading Standards, shall apply, except the number of spaces may be reduced, if approved by the Township of Buchanan Planning Commission, as part of the final development plan. Such reductions shall be based upon specific findings.
§ 300-14.03 Informal preliminary conferences.
A.
Prior to a formal application, the applicant is required to have one informal preliminary conference with the Township Zoning Administrator, Planner, Attorney, the Township Supervisor, and a member of the Township Planning Commission. The purpose of the conference is to discuss the proposed development, review procedures, requirements and standards of the Township. The applicant is encouraged to present concept plans, site data and other information that will explain the proposed development. Statements made in these conferences shall not be legally binding.
B.
Application. Following the preliminary conference, the applicant shall file, on a form provided by the Township, an application for a PUD special use permit along with two paper sets and one digital copy of preliminary development plans and the application fee to the Township Clerk. The application shall, at a minimum, contain the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The applicant's name, address, and phone number.
(2)
Proof that the applicant is the owner of the property or has a legal or financial interest in the property (such as a sales agreement).
(3)
The name and address of all persons, firms or corporations having a legal or equitable interest in the property.
(4)
The address of the property.
(5)
The legal description and parcel identification number of the property.
(6)
Project descriptions.
(7)
Size of the property in acres.
(8)
The signature of the applicant and/or the agent of the property owner.
(9)
Two copies and one digital copy of the preliminary development plan, parallel plan, and impact assessment.
C.
Within 30 days of receipt of the completed application, application fee and preliminary development plan, the Township Zoning Administrator shall forward copies of the plan and the application form to the Township Engineer, planner and any other persons or agencies deemed appropriate. The balance of the plans and the original application form shall be distributed to the Planning Commission for review.
D.
Preliminary development plan. The preliminary development plan shall contain the following:
(1)
The date, North arrow, and scale, which shall not be smaller than one inch equals 50 feet.
(2)
The location sketch of the site in relation to the surrounding area. This sketch shall label the land uses on all adjacent property.
(3)
The legal description of the property.
(4)
The parcel size in acres or square feet.
(5)
All lot and property lines, with dimensions.
(6)
The location of all existing and proposed structures on the site.
(7)
The location of all existing and proposed streets, driveways, alleys, parking areas and easements, including the total number of parking spaces, parking calculations and typical dimensions.
(8)
The size, location and proposed use of all areas devoted to open space.
(9)
The general landscape concept, showing tree masses to be preserved, added buffer areas, screening, and similar features.
(10)
All wetland areas, floodplain boundaries and bodies of water.
(11)
Existing topographical contours at a minimum of two-foot intervals.
(12)
General layout of all proposed utilities including: water, sewer, telephone, gas and electrical services.
E.
The applicant shall also provide a written statement describing each of the following:
(1)
The general character of the PUD.
(2)
The gross residential densities and percent of the proposed PUD area to be covered by buildings and parking areas.
(3)
The acres allocated to each use.
(4)
The method and responsibility for maintenance of open areas, private streets, recreational amenities and parking areas.
(5)
All environmentally sensitive areas.
F.
Parallel plan. The applicant shall also prepare a parallel design plan for the project consistent with the requirements of the specific zoning district. A bonus of up to 15% of the permitted density may be granted based on the quality of design and preservation of upland, usable open space.
(1)
Lots in the parallel plan shall provide sufficient building envelope size without impacting wetlands regulated by the Michigan Environment, Great Lakes, and Energy Department (EGLE).
(2)
The Planning Commission shall review the design to determine the number of lots that could feasibly be constructed following the parallel design. This number shall set the maximum density number of dwelling units for the site allowable under the PUD provisions of this chapter.
(3)
Riparian lots shall not be reduced in size from the dimensions listed unless granted a variance by the Township Zoning Board of Appeals.
G.
Impact assessment:
(1)
The Planning Commission may require the applicant to prepare and submit an impact assessment. Preparation of the impact assessment shall be the responsibility of the applicant. The applicant shall use qualified professional personnel to complete the impact assessment. The impact assessment shall describe in detail the effect and impact that the proposed PUD will have, or may have, upon or with respect to any of the following:
(a)
Streams, rivers, wetlands, and the quality of surface water and groundwaters.
(b)
Public utilities.
(c)
Displacement of people and other land uses by the proposed use.
(d)
Character of the area.
(e)
Traffic.
(f)
Wildlife.
(2)
The impact assessment shall include statements and comments from the following public agencies or officials concerning any aspects of the proposed PUD within their respective responsibilities and jurisdictions:
(a)
Township Fire Department.
(b)
School districts represented within the Township.
(c)
The Michigan Environment, Great Lakes, and Energy Department, Department of Labor and Economic Growth, Department of Natural Resources and Department of Transportation.
(d)
Berrien County: Sheriff's Department; Health Department; Road Department; Drain Commissioner.
(e)
Such other agencies as determined appropriate by the Planning Commission.
(3)
The Planning Commission and Township Board of Trustees shall consider the criteria listed in § 300-14.04C in their evaluation of the impact assessment. Failure to comply with any of the criteria shall be sufficient justification to deny approval.
§ 300-14.04 Public hearing and preliminary approval procedures.
A.
Within 60 days after receipt of the completed application and fee the Planning Commission shall schedule a public hearing on the request. The public hearing shall be noticed and held consistent with § 300-28.02C, Publication and delivery of notice of public hearing, of this chapter.
B.
Within 60 days of the public hearing the Planning Commission shall recommend to the Township Board of Trustees, one of the following:
(1)
Approval of the preliminary development plan; or
(2)
Approval of the preliminary development plan subject to certain specified conditions; or
(3)
Denial of the preliminary development plan.
C.
In making a recommendation on the proposed PUD, the Planning Commission must address the following standards:
(1)
Granting the PUD will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.
(2)
The PUD will not result in a significant increase in the need for public services and facilities and will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.
(3)
The PUD will be compatible with the master plan of the Township, consistent with the intent and purpose of this chapter, and consistent with § 300-24.07F, Standards for granting special use approval, of this chapter.
(4)
The PUD will not result in significant adverse effects upon nearby or adjacent lands, and will not change the essential character of the surrounding area.
(5)
The PUD is designed and laid out to preserve natural resources and natural features to the fullest extent possible.
D.
Within 60 days after receipt of the Planning Commission's recommendation the Township Board of Trustees shall hold its own public hearing consistent with § 300-28.02C, Publication and delivery of notice of public hearing, of this chapter. Within 60 days of the public hearing, the Board shall:
(1)
Approve the preliminary development plan with or without conditions;
(2)
Deny approval of the preliminary development plan;
(3)
Refer the preliminary development plan back to the Township Planning Commission for further review.
§ 300-14.05 Final approval procedures.
A.
After the preliminary development plan has been approved by the Township Board of Trustees the developer shall prepare the final development plan. The applicant shall submit two sets and one digital copy of the final development plans to the Township Zoning Administrator. The Zoning Administrator shall forward copies of the final plan to the Township Fire Chief, Township Attorney, engineer, planner and others deemed appropriate. The balance of the plans shall be distributed to the Planning Commission for their review.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The final development plan shall include all of the information required on the preliminary development plan and all additional information requested by the Planning Commission.
C.
The final development plan shall incorporate all recommendations of the Planning Commission pursuant to the Commission's review of the preliminary development plan, or shall indicate how the final plan fails to incorporate the Board's recommendations. The plan shall be sealed by a licensed architect, register surveyor or professional engineer. The design professional shall be licensed in Michigan. In addition, final development plan shall include the following:
(1)
Architectural renderings or specific statements as to the type and style of construction to be used in the proposed buildings along with the height and area of each building.
(2)
Projected time for completion of the entire project.
(3)
Proposed phasing, if any, and the projected time for completion of each phase.
(4)
Landscaping plans.
(5)
Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon.
(6)
Engineering plans showing, as necessary, water, waste disposal, drainage, exterior and street lighting, electricity, telephone and natural gas installations, and the nature and extent of earthwork required for site preparation and development.
(7)
Any other information required by the Planning Commission to assist in the evaluation of the proposed PUD.
(8)
Copy of the master deed and bylaws.
(9)
Copies of any easements, if applicable.
D.
Within 30 days of the receipt of the complete set of the final development plans the Planning Commission shall review the plans for their completeness, act upon the plans and send their recommendation to the Township Board.
E.
Within 30 days of the Township Board of Trustees receipt of the Planning Commission's recommendation, the Township Board shall review the final development plans and recommendation submitted by the Planning Commission. In making its decisions, the Township Board shall determine:
(1)
Whether the final development plan complies with the standards, conditions, and requirements of this chapter.
(2)
Whether the PUD promotes the intent and purposes of this chapter.
(3)
Whether the PUD will be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed project.
(4)
Whether the PUD will be consistent with the public health, safety, and welfare needs of the Township.
F.
Conditions. Reasonable conditions may be imposed upon the Township Board of Trustees' approval of a PUD.
§ 300-14.06 Application fee and escrow requirements.
The Township Board of Trustees shall, by resolution, establish a fee and escrow requirement for PUD applications under this chapter.
§ 300-14.07 Construction compliance.
Any permit issued for construction pursuant to the PUD shall be valid only so long as there is compliance with the final development plan as accepted by the Township Board of Trustees. Expiration of an approved final development plan shall be pursuant to § 300-14.09.
§ 300-14.08 Amendments and revisions; approval of minor changes.
A.
A developer may request a change in an approved final development plan. Except for those changes determined to be minor, as provided below, changes to an approved final development plan or any conditions imposed on a PUD shall be reviewed and approved, approved with conditions, or denied by the Planning Commission and the Township Board of Trustees pursuant to the procedures provided by this chapter for an original request.
B.
Minor changes to a final development plan may be approved by the Planning Commission without review and approval of the Township Board of Trustees. "Minor changes" are limited to the following:
(1)
Changes in residential floor area of not more than 5% provided that there is no increase in the number of units.
(2)
The relocation of building footprints by not more than three feet, unless a specific setback or separation distance is imposed as a condition of the PUD approval.
(3)
An increase in area portions of the site designated as "not to be disturbed."
(4)
The substitution of plant materials by similar types of landscaping on a one-to-one ratio, as determined by the Zoning Administrator.
§ 300-14.09 Expiration and extension of approval period.
A.
The approval of the final development plan for a PUD shall be for a period not to exceed two years from the date of the Township Board of Trustees final approval date. If no construction has begun within two years after the approval is granted, the approved final development plan shall be void. The Township Board of Trustees may require a new final development plan to be submitted and reviewed in accordance with the requirements for the original application. An extension of the time limit may be approved if the Township Board of Trustees finds that such extension or modification is not in conflict with the public interest.
B.
No zoning amendment passed during the time period granted for the approval of the final development plan shall in any way affect the terms under which approval of the planned unit development was granted.
