The intent of Planned Unit Developments (PUDs) is to permit greater flexibility and consequently more creative design of various types of development than are possible under conventional zoning regulations. It is the intention of this Article to allow flexible land use composition and design without sacrificing the basic principles of sound zoning practice. The basic zoning districts and their permitted uses as established in this Ordinance will form the land use base for designing a combination of uses permitted in each district in the form of clustering principal uses and activities at a higher density than would otherwise be possible under the respective district regulations on a preferred portion of a parcel while maintaining the overall density of development of the parcels consistent with the district regulations. Another option would be to combine the planning of land uses and activities from several districts as one project on the same clustering principle.

(Ord. of 11-12-1987, § 14.01)

PUD Districts shall be overlay districts in the zoning districts in which they are located and the following provisions, regulations and restrictions shall apply:

A.

Principal Permitted Uses.

1.

All principal permitted uses allowed in the RR and SR Residential Districts on parcels of at least 20 acres.

2.

All principal permitted uses allowed in the NSC Commercial Districts on parcels of at least five acres.

3.

All principal permitted uses allowed in the LI Light Industrial District on parcels of at least ten acres.

B.

Accessory Uses.

1.

Accessory buildings and uses customarily incidental to the above-named permitted uses.

2.

Signs—See Article XIX, "Sign Regulations."

C.

Special Uses.

1.

Recreational activity centers.

(a)

Golf courses.

(b)

Nature preserves.

(c)

Swimming pools.

(d)

Tennis or racquet club.

(e)

Utility structures and equipment necessary for the operation thereof (excluding outdoor storage).

(Ord. of 11-12-1987, § 14.02; Amd. No. 71, § 1, 9-13-2012; Amd. No. 82, § 5, 7-13-2017)

A.

Continuing Applicability of Information on Approved Site Plans. The location of all uses and buildings, all uses and mixtures thereof, all yards and transition strips, and all other information regarding uses of properties as shown on or as part of a site plan which is approved subsequent hereto, shall have the full force and permanence of the Zoning Ordinance as though such information were specifically set forth in the Zoning Ordinance. Such information shall be the continuing obligation of any subsequent interests in a PUD District or parts thereof and shall not be changed or altered except as approved through amendment or revision procedures as set forth in this Article. The approved plans and any conditions attached thereto shall control all subsequent planning or development. A parcel of land that has been approved as a PUD District shall not thereafter be developed or used except in accordance with the approved site plan and plats approved subsequent thereto.

B.

Construction. No construction, grading, tree removal, soil stripping, or other site improvements or change shall commence, and no permit shall be issued therefor, on a lot with, or under petition for, a PUD District classification, until the requirements of this Article have been met.

C.

Performance Bonds. Performance bonds will be required for all public and common improvements in developments and of all phased developments on a per phase basis. Cost levels to be used in setting bond amounts shall be based upon the findings regarding estimated cost as reported by the project engineer or architect, Township Engineer, public agency or PUD engineer.

(Ord. of 11-12-1987, § 14.03)

A.

An applicant for a PUD district may request a pre-application conference with Township officials prior to filing an application for developing a PUD District. The request shall be made to the Township Zoning Administrator, who shall set a date for the conference and shall inform the Township Board and Planning Commission members of the conference and invite their attendance. The Township Zoning Administrator shall also invite other officials who might have an interest in the proposed development, or who might assist the Township in the review process.

B.

The purpose of the conference shall be to inform Township and other officials of the concept of the proposed development and to provide the applicant with information regarding land development policies, procedures, standards, and requirements of the Township and other agencies. The applicant is encouraged to present schematic plans, site data and other information that will explain the proposed development.

C.

Statements made in the conference shall not be legally binding commitments.

(Ord. of 11-12-1987, § 14.04; Amd. No. 82, § 6, 7-13-2017)

A.

A site plan shall be submitted for approval for each phase of development. Preliminary site plans shall be submitted and reviewed in accordance with, and shall meet all provisions of Article XX, "Site Plan Review Procedures."

B.

The Planning Commission shall require the applicant to provide housing and commercial market analyses, traffic studies, and other information necessary for the Commission to properly and adequately analyze a PUD District request for recommendation to the Township Board with respect to this requirement.

C.

To that end, an impact assessment shall be prepared by the applicant and submitted to the Planning Commission concurrently with the site plan. This document shall be prepared in narrative form, with such accompanying charts, graphs, maps and/or tables as may prove necessary. Topics to be addressed shall include community impacts (i.e., additional traffic likely to be generated per 24-hour period, directional distribution of trips generated by the proposed development, additional police and fire service needs to be anticipated) and environmental impacts (i.e., soils to be found on the site, site topography, natural features of note that are located on the site and how each would be impacted by the proposed development).

(Ord. of 11-12-1987, § 14.05)

A.

An application for a PUD District shall be made by the owner(s) of record of the subject parcel. The applicant shall provide evidence of full ownership of all land in a PUD or execution of a binding or conditional sales agreement, prior to receiving a recommendation of approval of the application and site plan by the Township Planning Commission.

B.

The application shall be filed with the office of the Township Clerk, who shall transmit the application and the site plan to the Township Planning Commission. The application shall be filed at least ten business days prior to the first Planning Commission meeting at which it will be reviewed to determine if it is complete.

C.

The Township Planning Commission shall hold a public hearing on the completed application and site plan. The public hearing shall be held, and notice shall be given, as provided in MCL 125.3103.

D.

At the public hearing the applicant shall present evidence regarding adherence to all pertinent standards and requirements. To this end evidence and expert opinion shall be submitted by the applicant in the form of maps, charts, reports, models and other materials, and/or in the form of testimony by experts who can clearly state the full nature and extent of the proposal. Materials shall be submitted in sufficient quantity for review by the Planning Commission and other Township officials. Materials submitted shall include the required site plan and any complementary sources of information necessary to satisfy the requirements detailed in Section 14.07.

E.

The Planning Commission shall undertake its review and consideration of the application and site plan, and shall submit a report thereon, to the Township Board within 65 days after it has found the application to be complete. This report shall contain the Planning Commission's analysis of the application and site plan, findings regarding standards, suggested conditions of approval, if applicable, and its recommendations. Materials and information to be considered in this study and review process may include input from such agencies as the Livingston County Health Department, Livingston County Road Commission and Livingston County Drain Commission.

F.

At the time of making its recommendations to the Township Board, the Planning Commission shall also transmit the application to the Livingston County Planning Department who shall conduct its review and send its comments to the Township Board.

G.

The Township Board shall review the application and site plan and the Township and County Zoning Officials' reports thereon, and shall approve, approve with conditions, deny, or table for future consideration the application and site plan. Changes in the application or site plan desired by the Township Board shall be referred to the Township Planning Commission for review and recommendation prior to the Township Board action thereon. The Township Board may attach conditions to its approval of a PUD proposal.

H.

If the application and site plan are approved by the Township Board, the applicant and all owners of record of all property included within the PUD shall sign a statement that the approved application and area plan shall be binding upon the applicant and owners of record or their assigned agents and upon their heirs, successors, and assigns, unless future changes are mutually agreed to by any future Township Board and future applicant and owners of record or the assigned agents or their heirs, successors and assigns.

(Ord. of 11-12-1987, § 14.06; Amd. No. 1, 8-11-1988; Amd. No. 82, §§ 7—10, 7-13-2017)

The following requirements expand upon and/or are in addition to the requirements detailed in Article XX, "Site Plan Review Procedures." They shall, in all cases, be adhered to by developments in a PUD District.

A.

District Location and Minimum Size.

1.

All development in this District shall be limited to tracts of land having an area of at least the minimum number of acres required for the respective types of PUD Districts.

2.

All development in this District shall be restricted to sites having access from a hard surfaced roadway that is accepted and maintained by the Livingston County Road Commission except that developments proposed for the RR Rural Residential District do not have to have access from a hard surfaced road.

B.

External and Internal Circulation and Access.

1.

Access points to a PUD shall be located no less than 540 feet apart when measured parallel to the adjoining roadway, and in no case shall any such point of ingress or egress be closer than 270 feet from either side lot line of the parcel.

2.

Each lot or principal building shall have internal vehicular access from a public road or private road approved by the Township Board.

3.

Each lot or principal building shall have pedestrian access from a public or private sidewalk, where deemed necessary by the Township Board, upon recommendation of the Township Planning Commission, as part of the site plan.

4.

As property is developed as a PUD District, a pathway system linking all principal residential, commercial and industrial units both with on-site amenities (e.g., recreation areas, shopping, places of employment) and (unless it is demonstrated to the Planning Commission that such a system would be inappropriate or unnecessary to the development) with adjoining parcels must be provided. The pathway system shall be designed so as to be appropriate to nonmotorized transport modes (e.g., bicycling, walking). The pathway shall be no less than four feet in width and it shall be constructed of materials (e.g., crushed limestone) suited to walking and to nonmotorized vehicular use.

5.

Standards of design and construction for public and private roads may be modified to adequately provide the service required. Right-of-way standards may also be modified, especially where the site plan provides for separation of pedestrian and vehicular traffic and adequate off-street parking facilities. Modifications of proposed public streets shall first be approved by the County Road Commission Engineer.

6.

Public and private roads shall be designed and constructed according to established standards for public streets as established by the County Road Commission except that such standards may be modified as provided in Subsection B.5. If private roads are to be dedicated to a public agency in the future, the applicant(s) shall first agree to bear the full expense of making the roads suitable for public acceptance.

C.

Open Space Regulations.

1.

A land, water or land/water area constituting not less than 25 percent of the total land area, or land area, plus no more than 300 feet into or no more than one-half the width or distance across a natural surface water area of the waterfront parcel shall be designed as permanent open space. The required open space must be set aside by the developer in the form of an irrevocable conveyance whereby the open space area must be developed according to the approved site plan and may never be changed to any other use. Further, this conveyance must provide that the open space is for the use and enjoyment of the residents, occupants and users of the district and such open space shall be considered as an integral component of the over-all Planned Unit Development. The development shall provide for perpetual and mandatory maintenance of the open space through the use of deed restrictions that shall provide for participation in said maintenance cost by each resident (be they residential or commercial) within the Planned Unit Development.

2.

Buildings, parking lots, drives and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited therein.

3.

Open space areas shall be conveniently located in relation to dwelling units and functions intended.

4.

Open space areas shall have minimum dimensions which are usable for the functions intended and which will be maintainable.

5.

The Township Board may require, upon recommendation of the Planning Commission, that unique natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unusual wildlife habitats, ponds, streams, and marshes be preserved as part of the open space system.

D.

Landscaping and Parking.

1.

The parking and loading requirements set forth in Article XVIII, pertaining to off-street parking, shall apply except that the number of spaces required may be reduced if approved by the Township Board, upon recommendation of the Planning Commission, as part of the site plan. Such reduction shall be based upon specific findings.

2.

A landscaped strip no less than 20 feet in width shall be required when a freestanding physical structure containing a commercial and/or office use is located adjacent to a residential use. The strip shall be located between the two uses and shall be landscaped with trees and ground cover.

E.

Utilities.

1.

Each principal building shall be connected to public or common water and sanitary sewer lines or to on-site facilities approved by the Township Board.

2.

All development will be required to provide adequate fire protection system as determined and approved by the Township Fire Department and Township Board. In all cases where an on-site system is proposed, detailed drawings, plans and/or other background materials as well as written approval from the appropriate County or State agencies must be presented to the Planning Commission before action can or will be taken on any PUD request. Maintenance of any and all approved common on-site systems shall be ensured by use of deed restrictions that shall provide for participation in maintenance costs by each owner of the Planned Unit Development served by such a system.

3.

Each site shall be provided with adequate storm drainage. Open drainage courses and stormwater retention ponds may be permitted.

4.

Electrical, telephone, and cable television lines shall be placed underground. Surface mounted equipment for underground wires shall be shown on the final site plan and shall be screened from view.

5.

Standard sidewalks and/or a system of streetlights may be required of developments in the PUD District. Maintenance of either shall be ensured through implementation of a system of deed restrictions providing for participation in maintenance costs by all owners of the development.

F.

Site Design, Layout and Density Criteria.

1.

All density requirements shall be completed on a total gross area basis, unless the water area is completely enclosed on the parcel.

2.

Existing natural water areas (i.e., streams, ponds, lakes and/or similar water bodies) may be included in density calculations up to 300 feet of their surface width as measured from the shoreline, or where such water areas are proposed for construction by the applicant, 50 percent of the total water area to be constructed may be included in density calculation, but in no case shall the included surface water area exceed 20 percent of the total land area of the PUD or any single or combination of phases of the PUD.

3.

Residential areas may contain several different types of dwelling units if it can be demonstrated to the satisfaction of the Planning Commission that the proposed combination by type will not interfere with the reasonable platting of any area to be platted.

4.

All principal buildings and all accessory buildings or structures shall be located at least 100 feet from any exterior public roadway right-of-way line, private road and/or area to be platted.

5.

The outdoor storage of goods and materials shall be prohibited in the PUD District.

G.

Legal Mechanisms to Ensure Facility and Open Space Maintenance.

1.

Legal instruments setting forth the manner of permanent maintenance of common area and facilities shall be submitted to the Township Attorney for review before the Township Board approves a final site plan or final plat.

2.

Where a home owners association (HOA) or an association of commercial establishments (ACE) or association of industrial establishments (AIE) is to be used to maintain common area and facilities, the developer shall file a declaration of covenants and restrictions that will govern the HOA, ACE or AIE with the site plan. The provisions shall include, but shall not be limited to, the following:

(a)

The HOA, ACE, or AIE shall be established before any building or structure in the PUD is sold or occupied.

(b)

Membership in the HOA, ACE, or AIE shall be mandatory for each building unit buyer and for any successive buyer and shall be so specified in the covenants.

(c)

Restrictions shall be permanent.

(d)

The HOA, ACE, or AIE shall be made responsible for liability.

(e)

Building unit owners shall pay their pro rata share of the costs and this requirement shall be specified in the covenants. Assessments levied by the HOA, ACE, or AIE may become a lien on the individual properties.

H.

Project Phasing.

1.

If the proposed development is to be constructed in phases, a narrative description of that phased process that describes all work to be done in each phase should be submitted to the Planning Commission when the site plan is submitted.

2.

A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrian access, adequate utility services, and open spaces and recreation facilities.

(Ord. of 11-12-1987, § 14.07; Amd. No. 82, § 11, 7-13-2017)

The Planning Commission shall determine and shall provide evidence in its report to the Township Board to the effect that the application, site plan and supplementary informational materials submitted by the applicant meet the following standards:

A.

The proposed development shall conform to the Township Master Plan or any part thereof, or shall represent land use policy that, in the Planning Commission's opinion, is consistent with the adopted Township Master Plan.

B.

The proposed development shall conform to the intent and all regulations and standards of a PUD District.

C.

The proposed development shall be adequately served by public facilities and services such as: highways, roads, sidewalks, streetlights, police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal; or that the persons or agencies responsible for the proposed development shall be able to properly provide such facilities and services.

D.

Common open space, other common properties and facilities, individual properties, and all other elements of a PUD are so planned that they will achieve a unified open space and recreation area system, with open space and all other elements in appropriate locations, suitably related to each other, the site and surrounding lands.

E.

The applicant shall have made provisions to ensure that public and common areas will be or have been irrevocably committed for that purpose. Provisions shall have been made to provide for financing of improvements shown on the plan for open space and other common areas and facilities, and that proper maintenance of such improvements is ensured.

F.

Traffic to, from, and within the site will not be hazardous or inconvenient to the project or to the surrounding area. In applying this standard the Planning Commission shall consider, among other things, convenient routes for pedestrian traffic; relationship of the proposed project to main thoroughfares and road intersections; and the general character and intensity of the existing and potential development of the surrounding area.

G.

The mix of housing unit types and densities, and the mix of residential and nonresidential uses, shall be acceptable in terms of convenience, privacy, compatibility, and similar measures.

H.

The Planning Commission shall determine, where applicable, that noise, odor, light, or other external effects which are connected with the proposed use will not adversely affect adjacent and surrounding area lands and uses.

I.

The proposed development shall create a minimum disturbance to natural features and land forms.

J.

Roads shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each road. The property shall have adequate access to public roads. The plans shall provide for logical extensions of public roads and shall provide suitable road connections to adjacent parcels, where applicable.

K.

Pedestrian circulation shall be provided within the site and shall interconnect all use areas where applicable. The pedestrian system shall provide for a logical extension of pedestrian ways outside the site and to the edges of the PUD where applicable.

(Ord. of 11-12-1987, § 14.08; Amd. No. 82, § 12, 7-13-2017)

Preliminary and final site plan may be amended in accordance with the process detailed in Section 20.11.

(Ord. of 11-12-1987, § 14.09)

The Township Board shall have the authority to deny or table an application for tentative approval of a preliminary plat if, in its opinion and after a report thereon from the Planning Commission, such plat will result in premature development of the area involved, or will result in improper scheduling of various public improvements such as, but not limited to, roads, utilities, and schools.

(Ord. of 11-12-1987, § 14.10)

Time limits set forth in Article XX, "Site Plan Review Procedures," may be extended upon showing a good cause, and by written agreement between the applicant and the Planning Commission.

(Ord. of 11-12-1987, § 14.11)

Performance guarantees shall be provided in accordance with Section 20.16.

(Ord. of 11-12-1987, § 14.12)

Violations shall be dealt with in the manner detailed in Section 20.17.

(Ord. of 11-12-1987, § 14.13)