A.

This Section prescribes the intent of this Chapter and the ideal situation that can be created through a PUD. The intent should not be confused with the items required to qualify for PUD consideration, as those are stated in Section 16.02, Eligibility Criteria. The intent of this Chapter is to permit coordinated development on larger sites in order to achieve most or all of the following:

1.

Permit flexibility in the regulation of land development allowing for higher quality of projects through innovation in land use, variety in design, layout, and type of structures constructed; and to provide the needed flexibility to allow development that is compatible with the character and design of existing neighborhoods.

2.

Provide greater protection of the natural features in comparison to the impacts associated with a conventional development.

3.

Provide the opportunity to mix compatible uses or residential types so as to serve all residents of the Township, regardless of age or income.

4.

To provide common open space for residents of the development and the general public.

5.

Protect and preserve natural resources, such as Lake Michigan, the Black River, and natural features, including but not limited to: soils, topography, wetlands, woodlands, steep slopes, dunes, natural habitat, streams, rivers, and lake views.

6.

Promote efficient provision of public services, utilities, and transportation facilities.

7.

Provide convenient vehicular and non-motorized access throughout the development that is capable of connecting to off-site systems and minimize adverse traffic impacts.

8.

Encourage development of convenient recreational facilities as an integral part of residential developments, especially those that provide for access and enjoyment by the general public.

9.

Encourage development that is consistent with the goals stated within the Master Plan.

10.

Create better living, working, and local shopping environments that are appropriately located.

B.

A property owner shall not be entitled to Planned Unit Development approval. These Planned Unit Development regulations are not intended to be used for circumventing the more specific standards and requirements of this Ordinance, 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 as generally applied to the proposed uses, but with specific modifications that, in the judgment of the Township after considering the intent of this Chapter, assures a superior quality of development with benefits to the Township. If this improved quality is not determined by the Township to be present after the Township has reviewed the development and the intent of this Chapter, the site shall not qualify for the modifications allowable under this Chapter.

To be eligible for Planned Unit Development approval, the applicant must demonstrate that both A and E below will be met.

A.

Open space. At least 30 percent of the gross site area shall consist of common open space for passive or active recreational use. The area of land within the required Lake Michigan setback, as required in the district regulations section of the pertinent zoning district, must be maintained as common open space. Noncontiguous open space is not permitted, except where needed to protect significant natural features or to provide pockets of meaningful public spaces.

B.

Demonstrated benefit. While the Township encourages the provision of as many of the following benefits as possible, at least one of the following must be demonstrated in order for a development to qualify as a PUD:

1.

Preservation of significant natural or historic features (this benefit is not intended to permit development of a largely open, undeveloped parcel);

2.

Preservation of open space;

3.

Provide a complementary mixture of uses or a variety of housing types that present a design that is unique and innovative, or that provide a desired development type not otherwise prevalent in the community; or

4.

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

C.

Control of property, unified agreement. Multiple land owners involved in a proposed Planned Unit Development shall provide a signed agreement among all involved parties, which is approved by the Township's attorney that indicates their unified approach to the PUD concept.

D.

Previously granted variances, null and void. PUD approval shall supersede any previously granted variances obtained for the property, which shall become null and void.

E.

Public services. All PUDs shall be served by adequate public services, including water and sanitary sewer service provided by the South Haven Township and Casco Township Water and Sewage Treatment Authority, roads, police services and fire service.

A.

Any use permitted by right or special approval in any of the property's underlying zoning districts may be permitted within a PUD.

B.

Neighborhood commercial uses may be permitted in residential districts as part of a PUD, provided the following standards are met.

1.

Neighborhood commercial uses shall not encompass more than 15 percent of the site area. Each 1,000 square feet of commercial gross floor area shall be considered the equivalent of one residential unit.

2.

Any PUD containing neighborhood commercial uses shall be accessible by a paved County road or paved private road meeting County road standards.

3.

The mix of uses provided in any PUD shall be compatible with existing uses in the vicinity, and shall compliment the established local character. Any of the permitted or special uses allowed in the Neighborhood Commercial District may be considered within a PUD. Drive through uses and vehicle service stations are expressly prohibited, unless allowed in the underlying zoning.

4.

Neighborhood commercial uses are subject to the greenbelt requirements of Section 3.33, Greenbelts, Buffers and Landscaping.

5.

Neighborhood commercial uses proposed within residential districts shall be located to minimize potential impacts on nearby residential uses. Where possible, neighborhood commercial uses should be located at least 100 feet from any residential use or district on the same side of the street. If residential uses are located within 100 feet on the opposite side of the street, the buffer requirements of Section 3.33, Greenbelts, Buffers and Landscaping, shall also apply.

6.

Where feasible and appropriate for traffic safety purposes, driveway access to neighborhood commercial uses should be provided via side streets or internal road systems. Direct access from County roads should be avoided if possible. Needed road improvements, including center turn lanes or bypass lanes, shall be provided as deemed appropriate by the Township or Allegan County Road Commission.

C.

Attached single-family residential uses. The number of units permitted in the density calculations may be developed as attached single-family buildings, provided the total number of units does not exceed the allowable density according to Section 16.08.A, Allowable Residential Density, and the following conditions are met.

1.

Attached units may be considered when an additional public benefit, such as increased open space, public views or other amenities are provided above what is required.

2.

The intensity and amount of permitted attached buildings shall be proportionate to the public benefit provided. Except for senior housing developments, no building shall contain more than four dwelling units.

3.

The building is designed to provide individual ground-floor entrances to each unit. No common hallways, such as those provided for motels or apartments, will be allowed.

4.

Provision of senior housing shall constitute a public benefit, and may be developed into higher density multiple-family buildings if approved by the Planning Commission and Township Board. In considering the appropriate form of residential development, the type of senior housing provided (i.e. assisted living, nursing care, age targeted residential, etc.) and the public benefits provided shall be considered.

A.

Pre-application meeting.

1.

An applicant desiring to submit an application for a Planned Unit Development may attend a pre-application meeting with the Planning Commission.

2.

The purpose of the pre-application meeting is to determine general compliance with PUD requirements, identify any significant issues before the applicant prepares more detailed plans, and comment on the feasibility of moving forward with the proposed project.

B.

Application. The applicant shall prepare and submit to the Township a request for rezoning along with information listed in Section 16.05, Preliminary PUD Submittal Requirements. Materials shall be submitted at least 45 days prior to the meeting at which the Planning Commission can first review the request.

C.

Planning Commission public hearing. The Planning Commission shall review the PUD rezoning request, the PUD site plan, and conduct a public hearing in accordance with the requirements of Section 21.07.B and the Zoning Act.

D.

Planning Commission recommendation. The Planning Commission shall review all required documents, public hearing comments, technical reviews from Township staff, comments from consultants and applicable review agencies, and compliance with the standards and requirements of this Ordinance. The Planning Commission shall make a recommendation to the Township Board to approve, approve with conditions, or deny the request.

E.

The recommendation to the Township Board shall be based on the following standards, documents and analysis.

1.

The PUD shall satisfy the intent of Section 16.01, Description and Intent, and Section 16.02, Eligibility Criteria. If the application does not meet these requirements, the Planning Commission shall recommend denial of the application.

2.

The PUD shall satisfy the site plan review criteria of Section 17.07, Review Standards.

3.

All planned unit developments shall meet the standards of Section 16.03, Permitted Uses, Section 16.05, Preliminary PUD Submittal Requirements, and Section 16.08, Development Standards.

4.

The PUD shall be designed and constructed in a manner harmonious with the character of adjacent property and the surrounding area. The applicant shall demonstrate that 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.

5.

Architecture should provide coordinated and visually appealing styles, building forms, and building relationships.

6.

The proposed uses and densities shall not exceed the Township's ability to provide adequate public services, including public facilities, and utility capacities.

7.

When proposed construction is to be phased, the project shall be designed in a manner that allows a phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of users of the open space and the residents of the surrounding area.

8.

Where adjoining areas are not subdivided, the arrangement of roads within the proposed PUD shall be required to be extended to the boundary line of the project to make provision for the future projection of roads into adjoining areas. If adjoining areas are subdivided or developed, roads within a proposed PUD should be arranged to connect to existing roads to allow the flow of traffic between developments to the extent deemed appropriate by the Township.

9.

To encourage a true integration of mixed uses and improved efficiency in land use, the overlap in parking requirements may be permitted between uses that have alternating peak-parking demands or where the mixture of uses on a site would result in multi-purpose trips.

10.

The Planning Commission may recommend and the Township Board may require the development provide such amenities as play areas and school bus turn-outs.

11.

The conclusions of the Natural Features Analysis and impacts shown in the Developed Features Analysis shall be considered.

12.

The Development Agreement shall be reviewed and considered.

13.

The Township attorney's comments on the proposed PUD shall be considered.

14.

The design guidelines prepared for the subject project shall be considered.

F.

Township Board decision. Following receipt of the Planning Commission's recommendation, the preliminary PUD application shall be considered by the Township Board. The Township Board shall conduct a public hearing in accordance with the requirements of Section 21.07.B, Ordinance Amendments. Following the public hearing, the Township Board shall take one of the following actions on the request.

1.

If the application is determined to be insufficient, does not fully respond to Planning Commission issues, or more information is required, the request may be tabled. The Township Board shall direct the applicant to prepare additional information, revise the PUD plan, or direct the Township staff or consultants to conduct additional analysis which shall be submitted through the Planning Commission. The application shall not be removed from the table until the conditions causing its tabling have been satisfied.

2.

If the Township Board, during its review process, believes there is new information that might modify the recommendation of the Planning Commission, the application shall be returned to the Planning Commission with the new information for its reconsideration. The Planning Commission shall provide a recommendation within 30 days, or such longer time as is established by the Township Board, after the Township Board has determined it would like further review. No additional public hearings are required, unless otherwise provided by the Zoning Act.

3.

Approval or approval with conditions.

a.

Upon determination that a PUD site plan is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, the Township Board shall approve the preliminary PUD site plan.

b.

The Township Board may impose reasonable conditions with the approval of a PUD. Conditions of any approval are attached to the land and will remain through subsequent owners. The applicant shall submit a revised PUD site plan to the Planning Commission that demonstrates compliance with the conditions.

c.

Approval of the preliminary PUD plan shall constitute approval of the rezoning and the Zoning Map shall be changed to indicate the zoning of the property as a PUD District. Final approval shall only occur after all site plan and development agreement requirements are met. Further no building or zoning compliance permits shall be issued for any part of a PUD project before final approval is granted.

d.

Approvals shall include a letter of credit or similar guarantee in order to ensure the completion of the project.

e.

Approval of the preliminary PUD site plan shall be valid for a period of two years. Application for Final PUD site plan for the first phase of an approved preliminary PUD site plan must be submitted within one year from the date of approval. The date of PUD preliminary plan approval is considered to be the date that an amended site plan, showing any changes required as a condition of approval, is submitted and approved by the Township. The amended site plan shall be submitted by any deadline established by the Township. Application for final PUD site plan for any subsequent phases must be submitted by deadlines established by the Township Board.

4.

Denial. Upon determination that a PUD site plan does not comply with standards and regulations set forth in this Ordinance or other applicable ordinances or laws, or requires extensive revision in order to comply with the standards and regulations, the Township Board shall deny the application and forward its rationale to the Planning Commission. Resubmittal of a denied application shall be considered a new application.

The preliminary PUD site plan shall set forth the proposed uses to be developed in the PUD. The following specific information shall be provided.

A.

Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement, and copies of any easements and other encumbrances that affect the property.

B.

Written documentation. Written documentation that the proposal meets the standards of Section 16.01, Description and Intent and 16.02, Eligibility Criteria. The application shall clearly state how each requirement is being met by the proposal.

C.

Application form and fees. A completed application form as required by the Township and applicable application/review fee. A separate escrow deposit shall be required for administrative charges to review the PUD submittal.

D.

Preliminary PUD site plan. Ten copies of a site plan meeting the requirements of Section 17.03.A, Site Plan Submittal.

E.

Natural features analysis. A separate plan sheet shall be submitted indicating locations of significant natural, historical, and architectural features, including but not limited to slopes, drainage patterns, viewsheds, unstable soil conditions, waterfront character, surface and groundwater resources, vegetation, and any other features within a minimum 100 feet of the site, depending on the scope of the project.

F.

Developed features analysis. A separate sheet indicating how the proposed Preliminary Site Plan will affect the above natural, historical, and architectural features, the extent of any proposed mitigation, and any impacts on neighboring properties.

G.

PUD development agreement. A draft of the written development agreement specifying the terms and understanding of the PUD development including:

1.

A survey of the acreage comprising the proposed PUD.

2.

Anticipated conditions upon which the PUD approval may be based and a description of all waivers from Township regulations which have been requested, approved, and shown on the plan.

3.

The proposed type, such as a subdivision or site condominium, of future development parcels within the PUD.

4.

The arrangement of ownership of land and the legally-binding means selected to protect any areas designated as common areas or open space.

5.

Provisions assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose; the Township may require conveyances or other documents to be placed in escrow to accomplish this.

6.

Provisions to provide for the financing of all improvements shown on the plan such as roads and utilities. These provisions must indicate when these improvements will be constructed or provided, and in the case of a phased PUD, financing for each phase shall be detailed separately. Additional financing may be required by the Township Board to ensure adequate facilities and financing to install them are provided in case later phases of development are not completed. This may require the installation of temporary cul-de-sacs, provision of escrow monies for final asphalt, or other improvements deemed necessary for each phase to stand alone if future phases are not realized; the Township may require conveyance or other documents to be placed in escrow to accomplish this.

7.

Assurances by a means satisfactory to the Township Board that the cost of maintaining all streets, utilities, and common open spaces has been secured; the Township may require conveyances or other documents to be placed in escrow to accomplish this.

8.

Provisions to ensure adequate protection of natural features and assurance for replacement of any trees and woodlands in kind; the Township may require conveyance or other documents to be placed in escrow to accomplish this.

9.

Any other concerns, and appropriate follow-up, raised by the Planning Commission or Township Board regarding the construction and maintenance of the PUD.

10.

The preliminary PUD plan shall be incorporated by reference and attached as an exhibit.

11.

A map showing the timing of all phases and projected dates of the completion of improvements that will be dedicated to the public, such as roads, utilities, and park areas. The developer shall be required to submit a bond and timeline, or other financial assurance in a form acceptable to the Township, in an amount sufficient to complete any future public improvements in the event they are not completed by the developer within the timeframe specified.

12.

A response to any comments or conditions forwarded by the Township attorney.

H.

Phased plan. If a multi-phased PUD is proposed, identification of the areas included in each phase must be provided along with the associated timing. For residential uses, the number, type, and density of proposed housing units within each phase shall be identified.

I.

Additional information. The Planning Commission or Township Board may request additional graphics or written materials as needed to assist in their review such as, but not limited to; aerial photography; market studies; and research of potential impact on public primary and secondary schools and utilities.

A.

Application. The applicant shall prepare and submit to the Township a request for Final PUD approval and ten copies of a Final PUD site plan meeting the requirements of Section 17.03.B, Final Site Plan Review. The applicant shall also submit all information required in Section 16.05, Preliminary PUD Submittal Requirements. A copy of the Development Agreement, meeting the conditions of preliminary PUD approval, shall also be submitted for review and approval. Materials shall be submitted at least 45 days prior to the meeting at which the Planning Commission can first review the request.

B.

Planning Commission recommendation. The Planning Commission shall review the Final PUD site plan in consideration of technical reviews from Township staff, comments from consultants and applicable review agencies, and compliance with the standards and requirements of this Ordinance. The Planning Commission shall make a recommendation to the Township Board to approve, approve with conditions, or deny the request.

C.

For the Township's review of final site plans, the following standards and requirements shall apply.

1.

All standards of Section 16.08, Development Standards, must be met.

2.

Final site plans shall be substantially similar to the approved PUD preliminary plan.

3.

Each final site plan, whether submitted by phase or in total, shall meet the standards of this Chapter and generally be similar to the approved PUD preliminary plan regarding layout, density, open space, and land use. If engineering of the site causes the layout of the project to change significantly, the applicant must present a revised PUD preliminary plan for approval in accordance with Section 16.05, Preliminary PUD Submittal Requirements.

4.

Each final site plan submission shall include a revised phasing map illustrating completed portions of the project, and the site or phase in relation to surrounding developed land and the overall PUD.

5.

Any amendment to the development agreement referenced in Section 16.07, Final PUD Submittal Requirements, which is requested by the developer shall be submitted for review by the Township attorney and shall be subject to the approval of the Township Board. The Township Board may ask the Planning Commission to provide comment regarding relevant planning topics.

D.

If final site plans for at least the first phase of the project are not submitted and approved within a two-year period from final PUD approval then the right to develop under the approved PUD preliminary site plan shall terminate and a new application shall then be filed and processed for a PUD.

E.

Township Board decision. The Township Board shall review the Final PUD submission and either approve, deny, or approve with a list of conditions made part of the approval. The Township Board may require a resubmittal of the application reflecting the conditions for approval by the Zoning Administrator and Township consultants, if appropriate.

The Final PUD application shall include all of the following information:

A.

All information required in Chapter 16, Planned Unit Development and Chapter 17, Site Plan Review.

B.

Additional information. The Planning Commission or Township Board may request additional graphics or written materials as needed to assist in the review, such as but not limited to: aerial photography; market studies; research of potential impact on public primary and secondary schools and utilities; traffic impact studies; historic, or natural features inventories; drainage studies; parallel plans; preliminary architectural sketches; and estimated construction costs.

C.

PUD development agreement. A final written PUD development agreement shall be submitted meeting all the terms, understandings, and conditions of the preliminary PUD approval.

D.

PUD design guidelines. A written copy of the final PUD design guidelines proposed for the development. Such document shall include provisions for vehicular and pedestrian circulation, building design and architecture, landscaping, open space, lighting, and signage.

A.

Allowable residential density. The number of residential dwelling units permitted shall be determined based on the potential yield of the site, as it could be developed under conventional zoning regulations. It is the Township's intent, however, to encourage clustering of buildings and uses to maximize the efficient use of infrastructure. This Section seeks to provide incentives to encourage protection of natural features by allowing additional density elsewhere. This Section is not intended to permit development of a largely undeveloped parcel, as discussed below.

1.

Base density. The base density and number of dwelling units permitted in the PUD shall be determined by the Township through the submission of a parallel plan showing the number of dwelling units that may be developed under the existing zoning classification. The Planning Commission may require additional detail or information as it may determine necessary to evaluate the feasibility of the parallel plan. The parallel plan shall meet the following minimum requirements:

a.

The parallel plan shall contain enough detail to permit the Planning Commission to evaluate the feasibility of developing each lot.

b.

All buildings shown on the parallel plan shall be located on buildable lots, which, for the purposes of this Section shall mean lots that are of sufficient size and shape to meet existing zoning requirements, to accommodate principal buildings, and to include required roads and driveways.

c.

All required setbacks, easements and rights-of-way, and areas of wetlands, water bodies, and other unbuildable areas shall not be included within building envelopes, but may be included in the lot area calculations.

d.

In evaluating the feasibility of the parallel plan, the Planning Commission shall consider whether or not the plan would have been approved under the processes normally used to review site plans or subdivision plans, including such factors as access, lot orientation, road layout, and other considerations the Planning Commission deems appropriate.

e.

The Township planning consultant shall review the parallel plan to ensure it meets Ordinance requirements before it is reviewed by the Planning Commission. The applicant may choose to have the parallel plan prepared by the Township planning consultant.

2.

Density bonuses. The Planning Commission may recommend a density bonus up to 30 percent of the base density, upon demonstration that the development will provide two or more of the elements or amenities listed below. The extent of any density bonuses shall relate to the extent of the demonstrated benefit, giving higher consideration to the provision of the primary benefits, as listed below.

a.

Automatic density bonus. Provision of at least ten percent affordable or senior housing shall constitute grounds for additional density, as determined by the Planning Commission and Township Board. The amount of bonus granted shall be based on the form and type of senior housing provided.

b.

Primary priority Township benefits. The Planning Commission may give a bonus consideration to developments that provide two or more of the following:

(1)

Provision of public access to Lake Michigan.

(2)

Provision of open space for the general public.

(3)

Inclusion of public pedestrian pathways and non-motorized elements that interconnect to adjacent properties and pathways.

(4)

Inclusion of ten percent additional open space above the minimum required.

(5)

Preservation of 50 percent of the shoreline frontage areas as common open space.

(6)

Preservation of significant natural features, such as steep slopes, site topography, wetlands, woodlands, important wildlife habitat, dunes, streams, and natural vegetative buffers. These shall be identified on the Natural Features Analysis, as required in Section 16.05.E, Preliminary PUD Submittal Requirements.

(7)

Inclusion of low-impact design stormwater systems, parking areas, and green buildings. Design elements such as rain gardens, pervious pavement products, or grass pavers, and LEED certifications shall contribute to low impact design.

(8)

Provision of or financial contributions to off-site improvements needed to offset potential impacts, such as increased traffic, utility use, or need for additional services.

(9)

Providing open views of the water, without sacrificing the natural environment.

c.

Secondary priority Township benefits. While still significant, the following amenities may be considered as grounds for density bonuses for developments that provide two or more of the following:

(1)

Provision of alternative energy sources.

(2)

Preservation of active agricultural lands.

(3)

Donation of valuable recreation land to the Township or other public entity for enjoyment by the general public.

B.

Dimensional standards. To encourage flexibility and creativity consistent with the intent of the PUD, the Township Board, after recommendation from the Planning Commission, shall determine appropriate lot dimensions and building and yard requirements under the following:

1.

Base zoning regulations. Unless modified by the Planning Commission and Township Board, according to the PUD standards, all Ordinance requirements for the underlying zoning district shall remain in full force.

2.

Regulatory flexibility. To encourage flexibility and creativity, the Planning Commission and Township Board may grant specific departures from the requirements of the Ordinance as a part of the approval process. Yard, lot width, and bulk standards may be modified, provided that such modifications result in preservation of open space, enhanced buffering from adjacent land uses, screening along major roadways, preservation of natural features, a more efficient use of land, higher quality building and site design, or improved compatibility with adjacent land uses.

3.

Approval of waivers. Any regulatory waivers shall be approved through a finding by the Planning Commission and Township Board that the modification shall result in a higher quality of development than would be possible using conventional zoning standards. The granting or denial of regulatory waivers is not subject to the variance or appeal jurisdiction of the Zoning Board of Appeals.

4.

Table of waivers. A table shall be provided on the site plan which specifically details all modifications from the established zoning district's lot area, height and setback regulations, off-street parking regulations, general provisions, or other Ordinance provisions which would otherwise be applicable to the uses and development proposed in the absence of this Chapter. This specification should include Ordinance provisions, from which waivers are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which waivers are sought. Only those waivers consistent with the intent of this Ordinance and the Master Plan shall be considered.

C.

Driveway access and circulation.

1.

Access shall be limited to one major entrance along any collector or arterial road, excluding any entrance designed solely for truck traffic. Additional access points shall only be considered if spaced at least 500 feet apart and a traffic impact study is provided that demonstrates overall traffic operations and safety will be improved.

2.

Main access points shall be spaced from existing signalized intersections to ensure proper spacing and efficient flow of traffic in case the main access point is signalized in the future.

3.

The site design shall direct traffic flow to use the main access points. Stacking or queuing depth at site access points shall be sufficient to accommodate expected peak hour volumes without conflict to inbound or internal circulation. Interior drives shall provide circulation between uses.

4.

Additional right-of-way shall be provided to accommodate improvements to the existing arterial roadway system that are planned or required to mitigate traffic associated with the PUD.

D.

Neighborhood commercial building design standards.

1.

Building facades shall utilize high quality architecture and landscaping that create an integrated, pedestrian-oriented environment. Where appropriate, neighborhood commercial areas shall be designed using traditional architecture that encourages pedestrian activity.

2.

Durable building materials which provide an attractive, quality appearance must be utilized.

3.

Buildings shall be constructed of quality materials that are characteristic of Michigan such as earth-toned brick, wood, native stone, or other high-quality products approved by the Township.

4.

Buildings shall possess architectural variety, but enhance the overall cohesive community character. The scale and proportion of existing structures in the area should be considered. Roof shape and materials shall be architecturally compatible with adjacent buildings and enhance the predominant streetscape.

E.

Open space requirements. All PUDs, in addition to the above requirements, shall meet the following requirements for open space.

1.

Designated open space shall be set aside through an irrevocable conveyance, approved by the Township attorney, such as a recorded deed restriction, covenants that run perpetually with the land, a conservation easement, land trusts. The dedicated open space shall forever remain open space, subject only to uses on the approved site plan. Further use of open space for other than recreation or conservation purposes, except for easements for utilities, shall be strictly prohibited. Any change in use of the open space from what is shown on the approved site plan shall require Township Board approval, and shall not diminish compliance with the requirements of this Chapter.

2.

Nothing herein shall prevent the conveyance of open space to a public agency or other non-profit entity for recreational or conservation use.

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.

The following land areas shall not be included as dedicated open space for the purposes of meeting minimum open space requirements:

a.

Area included within the boundaries of a lot or a site condominium unit.

b.

Residential yards or required setback areas for any use.

c.

The area of any public road right-of-way or private road easement.

d.

Surface water in detention or retention basins (unless designed to have the appearance of a natural wetland, in which case they may be counted for up to 50 percent of the required open space).

e.

Parking and loading areas.

f.

Any other undeveloped areas not meeting the intent and standards for open space stated in this Section, as determined by the Township Board.

6.

On-site common open space shall be planned in locations visible and accessible to all in the development. The Planning Commission shall determine if the proposed open space is usable and functional. The common open space shall either be centrally located, located to preserve natural features, located to buffer adjacent uses, or located to connect open spaces throughout the development, provided the following areas shall be included within the open space area:

a.

Any significant natural features.

b.

At least one-third of the required common open space shall be usable open space for residents of the development.

c.

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

d.

The required Lake Michigan setback, as required in the district regulations in the underlying zoning district, may be used in open space calculations, as long as it is part of the common open space for the PUD.

e.

A minimum 50-foot wide undisturbed open space setback shall be maintained from the edge of any stream or wetland; provided that the Township Board may permit trails, boardwalks, observation platforms, or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback.

f.

Where adjacent land includes open space, public land or existing or planned bike paths, open space connections shall be provided between the site and adjacent open space, public land or existing or planned bike paths. Trails between adjoining open space development, public land or existing or planned bike paths shall be constructed to allow future interconnection between developments.

7.

Allowable use(s) of the dedicated open space shall be indicated in the conservation easement or other legal instrument and shall prohibit the following unless prior approval is obtained from the Township Planning Commission:

a.

Dumping or storing of any material or refuse.

b.

Activity that may cause risk of soil loss.

c.

Cutting or removal of live plant material in natural areas, except for removal of dying or diseased vegetation.

d.

Cutting, filling or removal of vegetation from wetland areas.

e.

Use of pesticides, herbicides, or fertilizers either within or adjacent to (within 100 feet of) water bodies and wetlands, unless required by the Michigan Department of Environmental Quality to manage nuisance species.

f.

Inclusion of a requirement that the dedicated open space shall be maintained by parties who have an ownership interest in the open space.

8.

Requirements for maintenance of the open space shall be provided through the Development Agreement and creation of a homeowner's association with bylaws or, in the case of a condominium, a condominium association. 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.

The two-year period for preliminary PUD approval may be extended for up to one additional year, if applied for in writing by the petitioner prior to the expiration of the PUD preliminary plan approval and granted by the Township Board, provided that the reasons for the delay are beyond the general control of the applicant.

A.

Approval of the preliminary PUD plan and final site plan confers upon the Zoning Administrator the authority to approve certain minor deviations when an applicant or landowner who was granted site plan approval notifies the Zoning Administrator of the 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.

Within 14 days of receipt of a request to amend the site plan, 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 proposed design or provisions of the Development Agreement referenced in Section 16.07, Final PUD Submittal Requirements; would not reduce the area devoted to open space, would not make any change to a portion of the PUD that is a benefit to the Township; and upon finding that all applicable regulations of this Ordinance will be met. The Zoning Administrator shall inform the Planning Commission and Township Board of the approval in writing within 30 days of the Zoning Administrator's decision; a failure by both to take action shall be deemed confirmation of the Zoning Administrator's decision. If the Zoning Administrator's decision is rejected by either the Planning Commission or the Township Board, the PUD amendment shall be subject to review as a new proposed PUD application.

D.

The Zoning Administrator shall consider the following when determining a change to be minor:

1.

For residential buildings, the square footage of dwellings 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 building(s) do not extend outside a designated building envelop, or into any required open space or required setback.

2.

Gross floor area of nonresidential buildings may be decreased or increased by up to ten 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 is allowed, 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.

8.

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

9.

Changes of building materials to another of higher quality, or a slight change in the color of the exterior material, may be approved.

10.

Grade change of up to one foot, after review by the Township engineer, may be approved.

11.

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

12.

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

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, and when it would not extend into any required open space or required setback, may be approved.

14.

Changes required or requested by the Township, County or State for safety reasons, may be approved.

E.

Where the Zoning Administrator determines that a requested amendment to the approved site plan is major, resubmittal 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 PUD site 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 PUD plan shall be considered major and require resubmission of a new preliminary PUD Plan.

A.

Deviations and amendments from the approved final PUD site plan shall be reviewed and approved in accordance with Section 16.10, Revisions to Approved PUD Plans.

B.

Should the Planning Commission determine that the deviations from the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the deviation shall be required and shall be subject to review by the Township Board, which shall determine whether or not to approve the submittal as a new preliminary PUD plan.

C.

Any deviation from the approved PUD site plan, except as authorized in this Section, shall be considered a violation of this Ordinance. Further, any such deviation shall invalidate the PUD approval.

The Township Board shall require a performance guarantee in accordance with Section 21.05, Performance Guarantees, to ensure compliance with the approved planned unit development, including but not limited to infrastructure, landscaping, open space areas, natural feature protection, and any conditions imposed for approval.

In the event meaningful site excavation or construction does not begin within the applicable time limits, or if conditions of the PUD are not met, then the Township Board may declare the PUD approval invalid and zoning of the property shall revert to its original zoning classification. Reversion of the PUD zoning shall be made according to the regular rezoning process as required in Section 21.07, Ordinance Amendments. Administration and publication costs for this purpose may be subtracted from any remaining escrow or permit fees submitted to the Township in association with the PUD application.

Decisions of the Planning Commission and the Township Board granting or denying a proposal for a PUD are not subject to appeal to the Zoning Board Appeals.