(a)

The purpose of this article is to allow and encourage alternative designs for residential developments, site condominiums or subdivisions in order to maintain the open and natural space and protect the small-town character of the village.

(b)

The village encourages use of land development options to conventional developments because they promote the location of dwelling units to be sited on those portions of a property most suitable for development, while leaving substantial portions as undeveloped open space. These developments may also include a variety of lot sizes ranging from large farm or estate lots to small lots resulting in the preservation of contiguous open space and important environmental resources.

(c)

The standards for permitted uses in each district are designed to protect these features. By allowing the use and application of flexible development standards, developments shall be designed to protect and enhance the natural features to an equal or greater degree than if the development were to proceed under the standard guidelines for permitted uses in each underlying land use district. Provisions outlined in this article are adopted pursuant to Public Act No. 110 of 2006, known as the Michigan Zoning Enabling Act.

(d)

Subject to section 42-217, property owners can utilize either the cluster housing or planned development provisions to develop their property as residential. Planned development provisions may also be used for nonresidential developments pursuant to the provisions of this section.

(Ord. No. 202, art. 9(intro. ¶), 11-6-2017)

The planned development (PD) option is intended to allow, with village approval, private or public development, which is substantially in accord with the goals and objectives of the village master plan and future land use map. In reviewing a PD plan, the planning commission shall consider the following objectives:

(1)

The development allowed under this article shall be considered as an optional means of development in the village.

(2)

Use of the PD option will allow flexibility in the control of land development by encouraging innovation through an overall development plan to provide variety in design and layout; to achieve economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities; to encourage useful open spaces suited to the needs of the parcel in question; and provide proper housing including workforce housing, employment, service and shopping opportunities suited to the needs of the residents of the village.

(3)

It is further intended the planned development may be used to allow nonresidential uses of residentially zoned areas; to allow residential uses of nonresidential zoned areas; to permit densities or lot sizes which are different from the applicable district; and to allow the mixing of land uses that would otherwise not be allowed, provided other community objectives are met and the resulting development would promote the public health, safety and welfare, reduce sprawl, and be consistent with the village master plan and future land use plan map.

(4)

It is further intended the development will be laid out so the various land uses and building bulk will relate to one another and to adjoining existing and planned uses in such a way that they will be compatible, with no material adverse impact of one use on another.

(Ord. No. 202, art. 9, § 1, 11-6-2017)

To qualify for the planned development option, it must be demonstrated that all the following criteria will be met:

(1)

The use of a planned development shall not be for the sole purpose of avoiding the applicable zoning requirements. Any permission given for any activity or building or use not normally allowed shall result in an improvement to the public health, safety and welfare in the area affected.

(2)

The planned development shall not be used where the same land use objectives can be carried out by the application of conventional zoning provisions or standards. Problems or constraints presented by applicable zoning provisions shall be identified in the PD application.

(3)

The planned development option may be granted only when the proposed land use will not materially add service and facility loads beyond those considered in the village master plan, and other public agency plans, unless the proponent can prove to the sole satisfaction of the village that such added loads will be accommodated or mitigated by the proponent as part of the planned development.

(4)

The planned development must promote the goals and objectives of the village master plan and meet any combination of four of the following objectives:

a.

To permanently preserve open space or natural features because of their exceptional characteristics or because they can provide a permanent transition or buffer between land uses.

b.

To permanently establish land use patterns which are compatible or which will protect existing or planned uses.

c.

To accept dedication or set aside open space areas in perpetuity.

d.

To provide alternative uses for parcels which can provide transition buffers to residential areas.

e.

To foster the aesthetic appearance of the village through quality building design and site development, provide trees and landscaping beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements.

f.

To bring about redevelopment of sites where an orderly change of use or requirements is determined to be desirable.

g.

To promote the use of smart growth designs such as Traditional Neighborhood Design (TND) consistent with the principles of the Congress for New Urbanism.

h.

To promote sustainable development especially on parcels with active farmland and orchards as defined by MCL 324.36201(h).

(Ord. No. 202, art. 9, § 2, 11-6-2017)

(a)

Any person owning or controlling land in the village may make application for consideration of a planned development. Such application shall be made by presenting a request for a preliminary determination to whether a parcel qualifies for the PD option.

(b)

A request shall be submitted to the village. The submission shall include the information required below.

(c)

Based on the documentation presented, the village planning commission shall make a preliminary determination, within 45 days from receipt of the application, about whether a parcel qualifies for the PD option under section 42-206. The submittal must include:

(1)

Proof the criteria set forth in section 42-206, are or will be met.

(2)

A schematic land use plan containing enough detail to explain the role of open space; site drainage and stormwater mitigation, location of land use areas, streets providing access to the site, pedestrian and vehicular circulation within the site; dwelling unit density and types; and buildings or floor areas contemplated, as applicable.

(3)

A plan to protect natural features or preservation of open space or greenbelts.

(d)

The village planning commission shall review the applicant's request for qualification. If approved, the applicant may then continue to prepare a PD plan on which a final determination will be determined.

(Ord. No. 202, art. 9, § 3, 11-6-2017)

(a)

A land use plan shall be proposed for the area to be included within the PD. The land use plan shall be defined by the zoning ordinance districts that are most applicable to the various land use areas of the PD.

(b)

Uses permitted and uses permitted subject to special land use in this chapter may be allowed within the districts identified on the PD plan. Conditions applicable to uses permitted subject to special approval shall be used as guidelines for design and layout but may be varied by the village planning commission provided such conditions are indicated on the PD plan.

(Ord. No. 202, art. 9, § 4, 11-6-2017)

The standards about height, bulk, density, and setbacks of each district shall be applicable within each district area designated on the plan except as specifically modified and noted on the PD plan.

(Ord. No. 202, art. 9, § 5, 11-6-2017)

(a)

The application, reports, and drawings shall be filed in paper and digital format. All drawings shall be provided to the village in the most recent release of a computer aided design format acceptable to the village planning commission. Other graphics and exhibits, text and tabular information shall be provided in a pdf format. The site plans must meet the scale requirements in article VII of this chapter and all submittal requirements in article VII of this chapter.

(b)

Submittal of proposed PD plan. An application shall be made to the village for review and recommendation by the village planning commission of the following:

(1)

A boundary survey of the exact acreage prepared by a registered land surveyor or civil engineer.

(2)

A topographic map of the entire area at a contour interval of not more than two feet. This map shall show all major stands of trees, bodies of water, wetlands and unbuildable areas. Should the topography of the site have significant slope, the village planning commission may increase the contour interval to no more than five feet; however, the integrity and intent of the map may not be compromised due to this interval change.

(3)

A proposed development plan showing the following:

a.

Land use areas.

b.

Vehicular circulation including major drives and location of vehicular access including cross sections of public streets or private places.

c.

Transition treatment, including minimum building setbacks to land adjoining the PD and between different land use areas within the PD.

d.

The general location of nonresidential buildings and parking areas, estimated floor areas, building coverage and number of stories or height.

e.

The general location of residential unit types and densities and lot sizes by area.

f.

Location of all wetlands, water and watercourses, proposed water detention areas and depth to groundwater.

g.

The boundaries of open space areas that are to be preserved or reserved and an indication of the proposed ownership.

h.

A schematic landscape treatment plan for open space areas, streets and border/transition areas to adjoining properties.

i.

A preliminary grading plan, showing the extent of grading and delineating any areas which are not to be graded or disturbed.

j.

A public or private water distribution, storm and sanitary sewer plan.

k.

A written statement explaining in detail the full intent of the applicant, showing dwelling unit types or uses contemplated and resultant population, floor area, parking and supporting documentation, including the intended schedule of development.

l.

Written documentation from the village fire department acknowledging their review of the plans and outlining any recommendations for modifications, if any.

(4)

If requested by the village planning commission, the applicant shall submit the following:

a.

Market study. Components of this study should include a definition of the market, analysis of data pertaining to the market problem, the type and amount of market supportable real estate, and absorption rate(s) needed to sell and/or occupy the property within the project.

b.

Traffic impact study. Components of this study should include an assessment of existing traffic counts and movements, forecast of additional traffic based on ITE traffic/trip generation manual, and improvements necessary to accommodate and/or mitigate the increased traffic resulting from the proposed project.

c.

Environmental impact assessment. Components of this study should include a statement of the purpose and need of the proposed project, description of the affected environment, range of alternatives to the proposed action, analysis of environmental impacts such as threatened or endangered species, air and water quality impacts, impacts to historic and cultural sites, and social and economic impacts.

(5)

A pattern book or design guidelines manual if requested by the village planning commission.

(Ord. No. 202, art. 9, § 6, 11-6-2017)

(a)

On receiving the report and recommendation of the village planning commission, and after a public hearing, the village planning commissions attorney will prepare a contract setting forth the conditions on which such approval is based. Once the contract is prepared it shall be signed by the village and the applicant.

(b)

The agreement shall become effective on execution after its approval. The agreement shall be recorded at the county register of deeds office.

(c)

Once an area has been included with a plan for PD and the village has approved such plan, no development may take place in such area nor may any use of it be made except under such plan or under an approved amendment, unless the plan is terminated.

(d)

An approved plan may be terminated by the applicant or the applicant's successors or assigns, before any development within the area involved, by filing with the village and recording in the county records an affidavit so stating. The approval of the plan shall terminate on such recording.

(e)

No approved plan shall be terminated after development begins except with the approval of the village planning commission and of all parties in interest in the land.

(f)

Within one year following approval of the PD contract by the village planning commission, final plats or site plans for an area embraced within the PD must be filed as provided. If such plats or plans have not been filed within the one-year period, the right to develop under the approved plan may be terminated by the village.

(g)

Approval of PD by the village planning commission shall also constitute an approved revision of the official zoning map, which shall delineate the boundaries of the approved PD and its date of approval.

(Ord. No. 202, art. 9, § 7, 11-6-2017)

Before any permits are issued for the PD, final plats or site plans and open space plans for a project area shall be submitted to the village for review and approval based on the requirements outlined in article VII of this chapter.

(Ord. No. 202, art. 9, § 8, 11-6-2017)

Fees for review of PD plans under this article shall be established by resolution of the village board.

(Ord. No. 202, art. 9, § 9, 11-6-2017)

Approval of a PD under this article shall be considered an optional method of development and improvement of property subject to the mutual agreement of the village and the applicant.

(Ord. No. 202, art. 9, § 10, 11-6-2017)

Proposed amendments or changes to an approved PD plan shall be presented to the village planning commission. The commission shall decide whether the proposed modification is of such minor nature as not to violate the area and density requirements or to affect the overall character of the plan and, in such event, may approve or deny the proposed amendment. If the commission decides the proposed amendment is material in nature, the commission shall review the amendment under the provisions and procedures of this article as they relate to final approval of the planned development.

(Ord. No. 202, art. 9, § 11, 11-6-2017)

The intent of this section is to permit development of single-family residential subdivisions allowing for a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and 50 percent of the resultant land area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, or other legal means that runs with the land, as prescribed by the village.

(Ord. No. 202, art. 9, § 12, 11-6-2017)

(a)

The village may approve the clustering or attaching of buildings on parcels of land under single ownership and control, which have characteristics that would make sound physical development under the normal subdivision approach impracticable because of parcel size, shape or dimension or the site has natural characteristics that are worth preserving or that make platting difficult. In approving an area for cluster development, the subject property shall meet all of the following conditions:

(1)

A percentage of the land area specified in the zoning ordinance, but not less than 50 percent, will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, or other legal means that runs with the land, as prescribed by this chapter.

(2)

The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the option provided by this subsection would also depend upon the extension.

(3)

The parcel to be developed contains a minimum of two contiguous acres.

(4)

Development of the parcel will not promote sprawl and is consistent with the intent of the village master plan and future land use map.

(b)

To qualify a parcel for development for cluster housing, the village shall determine that the parcel has met the "conditions" as stated above and the request shall be supported by written and graphic documentation, prepared by a landscape architect, engineer, professional community planner, or architect.

(Ord. No. 202, art. 9, § 13, 11-6-2017)

(a)

The number of dwelling units within the cluster housing development shall not exceed the permitted number of dwelling units if developed as a conventional subdivision pursuant to applicable local, state and federal regulations.

(b)

Up to 50 percent of water bodies, if any, within the parcel may be included in the calculation of gross site acreage provided the land bordering to the water is substantially left as open space.

(c)

Parcels where 50 percent or more of the land will remain as active farmland or orchard, as defined by MCL 324.36201(h), would be entitled to a dwelling unit bonus of 20 percent.

(Ord. No. 202, art. 9, § 14, 11-6-2017)

Diversity and originality in parcel layout shall be encouraged to achieve the best possible relationship between buildable and open space (defined as open space, active agricultural and/or orchard areas). The village planning commission shall evaluate proposals to determine whether the proposed site plan meets the following site design and layout objectives:

(1)

As practical, preserves and maintains existing fields, meadows, and creates sufficient buffer areas to minimize conflicts between residential and nonresidential land uses.

(2)

Designs around and preserves sites of historic, archaeological, or cultural value, insofar as needed to safeguard the character of the feature.

(Ord. No. 202, art. 9, § 15, 11-6-2017)

(a)

The area in open space (including recreation areas and water as mentioned above) accomplished by using one-family cluster development shall represent at least 50 percent of the total parcel area.

(b)

Ownership of open space may remain with the owner of the parent parcel, a homeowners' association made up of parcel owners in the development, the village, or another entity selected by the property owner and approved by the village.

(1)

A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, recreation, protection of natural resources, or similar conservation purposes, pursuant to MCL 324.2140—324.2144, shall be granted to the village, with the approval of the board of trustees. The board may require that the conservation easement be enforceable by the village if the municipality is not the holder of the conservation easement. The conservation easement shall be recorded in the office of the register of deeds prior to or simultaneously with the recording of any plat or master deed in the office of the register of deeds.

(2)

The conservation easement shall prohibit residential, industrial, or commercial use on the open space land (except in connection with agriculture, forestry, and recreation).

(Ord. No. 202, art. 9, § 16, 11-6-2017)

After approval of a preliminary plan and cluster option, a final site plan shall be submitted conforming to the requirements of article VII of this chapter.

(Ord. No. 202, art. 9, § 17, 11-6-2017)