Buchanan Township City Zoning Code
ARTICLE XV
Open Space Preservation Option
§ 300-15.01 Description and purpose.
The intent of this chapter is to encourage the long-term preservation of open space, agricultural land, other natural features, and the rural character of the Township of Buchanan in accordance with Section 506 of the Michigan Zoning Enabling Act, Act 110 of 2006, MCLA § 125.3506, as amended.
An open space preservation development shall result in a recognizable and substantial benefit both to the residents of the property and to the overall quality of life in the Township. The benefits can be provided through site design elements in excess of the requirements of this chapter, such as high quality architectural design, extensive landscaping, provision of transition areas from adjacent land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major thoroughfares, and buffering development from lakes, rivers, streams and wetlands.
§ 300-15.02 Eligibility criteria.
This chapter shall be applicable to residential properties zoned AG, Agricultural District and the R-1 Low Density (Rural) Residential District. The minimum project size shall be 10 acres.
The provisions in this section shall supplement the existing regulations applicable within the AG and R-1 Zoning Districts in the event an owner of property elects to submit for development approval under the open space option provided in this article.
Property meeting the eligibility requirements of this article may be developed, at the owner's option, with the same number of dwelling units on a portion of the land as specified herein that, as determined by the approving body, could have otherwise been developed on the same land under current ordinances, laws and rules, subject to and in accordance with the regulations of this article.
§ 300-15.03 Application and review requirements.
An open space preservation development shall be subject to the application and procedural requirements of a preliminary plat if the land is proposed to be developed as a subdivision under the Land Division Act, a condominium plan pursuant to Article XVI of this chapter if the land is proposed to be developed as a site condo project, and/or otherwise incorporated into a site plan pursuant to Article XXIII in accordance with the requirements of this chapter. Such property shall be subject to all applicable requirements of the underlying zoning district except as modified by this article.
The "approving body," as referenced in this article, shall mean the body designated in this chapter as having the authority to grant final plan approval to the proposed development.
In addition to all other submittals and information required under this chapter, all open space option plans submitted to the Township shall include a resource inventory that contains the following:
§ 300-15.04 Density calculation.
The density of dwelling units shall not exceed the density customarily developable in the zoning district in which the proposed development is located, developed with a conventional layout and with all applicable laws and ordinance being observed.
A parallel plan shall be submitted to the reviewing authority in order to establish the maximum permitted density. The parallel plan shall identify how a parcel could be developed under the conventional standards of the specific zoning district in which the property is situated, and the requirements of all other applicable state and Township regulations and standards. The parallel plan shall provide lots with building envelopes of sufficient size, taking into consideration sanitary sewage disposal capacity, topography, easements or encumbrances, drainage retention/detention areas, along with all necessary roads and road-related improvements, without impacting natural areas and features required to be preserved under applicable law and ordinance. All unbuildable areas and areas with limitations to development must be accurately identified on the parallel plan, including, but not limited to, wetlands, watercourses, drains, floodplains, steep slopes, woodlands and similar features. It is not the intent of this provision to generally require detailed engineering in the preparation of this plan; however, it must be a realistic plan of development, taking into consideration the actual assets and constraints of the property.
The reviewing authority shall make the determination that a parallel plan is acceptable once it meets all applicable Township Ordinance requirements and, based on the parallel plan, determine the number of units permitted under the open space option provided in this chapter.
§ 300-15.05 Design requirements.
The following design requirements shall apply to a proposed open space development under this chapter. The design requirements shall be incorporated into a preliminary plat if the land is proposed to be developed as a subdivision under the Township of Buchanan Subdivision Ordinance or the Land Division Act, a condominium plan consistent with Article XVI of this chapter if the land is proposed to be developed as a condominium project, and otherwise incorporated into a site plan in accordance with the requirements of Article XXIII of this chapter.
A minimum of 50% of the gross site area (not including existing road right-of-way) shall be preserved as permanent open space in an undeveloped state in the manner set forth in § 300-15.06.
Permanent open space shall include the site's most significant natural, environmental, agricultural and/or cultural features including, but not limited to, the following:
The applicant for an open space development shall be entitled to an approval under this chapter provided the following aspects of the proposed development plan shall be reviewed following a public hearing by the approving body:
The area and width of the resulting individual lots and building setback requirements under the open space option shall be reasonable and rationally related to the type of development proposed and shall comply with the standards, requirements and intent of the specific zoning district in which the proposed development is located to the maximum extent feasible. In no event shall a lot size be reduced more than 50% of the required lot size, and lot width and setback may be reduced no greater than 33% of the required lot width and setback in the district. Factors to be considered in determining the reasonableness of the area, width and setback requirements shall include the amount of open space, the density as determined by the approving body under the parallel plan, and the required setbacks, minimum lot width, and maximum lot coverage for the particular zoning district. Final area, width and setback requirements under the open space option plan shall be approved by the approving authority in the manner set forth in § 300-15.03 above.
Lot layout and configuration shall result in lots or units feasible for development and use of residences, and in the maintenance of a reasonable buffer between an open space development hereunder and adjacent public thoroughfares and other land which is developed, or may be developed, for noncluster residential development. Each lot or unit shall be depicted on the plan with a proposed building envelope in which a proposed residence may be constructed and used, including all likely improvement, without the necessity of the granting of a variance by the Zoning Board of Appeals.
Open space areas shall be accessible to all lots in the development, either directly from the internal road network or, if approved in the discretion of the approving body, directly from another manner of access providing perpetually existing and maintained pedestrian accessibility to all lots.
Preserved open space shall be connected with adjacent open space, public land, and existing or planned bike paths, where feasible, as determined by the approving body.
Approval of an open space option development does not constitute a change in the zoning of the property, and except as specifically provided in this chapter, all other regulations applicable within the zoning district of the property and development shall apply.
Restrictions.
Nothing in this chapter shall allow the construction of multifamily residential units in a single-family residential district.
Nothing in this chapter shall allow a development to result in the creation of a nuisance, danger or hazard to the health, safety and welfare of any person or property.
Any development proposed utilizing the open space option provided in this chapter shall, to the greatest extent feasible while remaining consistent with the requirement of Section 506 of the Act, MCLA § 125.3506, and comply with all zoning regulations and design standards applicable to the property.
§ 300-15.06 Open space maintenance and preservation.
All open space shall remain perpetually in an undeveloped state by means of a conservation easement to be recorded with the Berrien County Register of Deeds. All such conservation easements shall clarify ownership, access/use rights, and perpetual maintenance, and shall be approved by the approving body prior to final approval of the development, and shall be received and approved as to substance and form by the Township Attorney prior to acceptance by the approving body.
Nothing in this chapter shall be construed to require the property owner to convey fee title ownership of the open space to the public.