The intent of this chapter is to provide an optional method for residential land development which allows for flexibility in the application of the standards governing the types of residential structures permitted and their placement on the property. A Planned Unit Development will provide for the development of residential land as an integral unit which incorporates within a single plan the location and arrangement of all buildings, drives, parking areas, utilities, landscaping and any other improvements or changes within the site. Deviation from the specific site development standards of this Zoning Code may be allowed, so long as the general purposes for the standards are achieved and the general provisions of the zoning regulations are observed. A Planned Unit Development shall be designed to achieve compatibility with the surrounding area, and shall also be designed to encourage innovation and variety in the design, layout and type of residential development; to achieve economy and efficiency in the use of land, natural resources and energy; to provide for efficiency and economy in providing public services and utilities and to encourage the development of more useful open space.

   As used in this chapter:

   (a)   "Planned Unit Development" means a residential development, planned and developed as a unit, under unified control, developed according to comprehensive and detailed plans, including a program providing for the continual maintenance and operation of such improvements, facilities and services which will be for the common use of the occupants of the Planned Unit Development.

   (b)   “Common open space” means lands within the Planned Unit Development, under the common ownership of all residents in the Planned Unit Development, to be used for park, recreation or environmental amenity. These lands shall not include public or private streets, driveways or parking areas. Within these lands only facilities and structures for recreational purposes may be constructed, with the total impervious areas of roofs and paving constituting not more than 10% of the total open space.

   (c)   "Attached single-family dwelling" means a single-family dwelling unit attached to one or more single-family dwelling units by means of a common party wall or by a connecting wall or similar architectural feature, such as a garage or carport, and with such dwelling having its own doors which open to the outdoors.

   (d)   "Homeowners association" means an association of all owners of a project organized for the purpose of administering, managing and maintaining the common open space and common property and facilities. This association shall be described in all covenants, deeds or other recorded legal documents which affect the title to any land within the development.

   A Planned Unit Development will be developed in accordance with the following standards, except that upon a recommendation by the Planning Commission, Council may waive part or all of these requirements where, because of parcel size or shape or other extenuating factors, such a restriction would be to the detriment of quality development, and through site design any adverse effects to adjoining properties can be eliminated.

   (a)   Location and Minimum Lot Area. Planned Unit Developments may be located in any residential zoning district and shall be a minimum of three acres.

   (b)   Permitted Principal Uses. All uses permitted in the district for which the Planned Unit Development is located and approved.

   (c)   Allowable Densities. The maximum density (dwelling units per acre) shall not exceed the density of the zone in which the Planned Unit Development is located.

   (d)   Permitted Accessory Uses. Permitted accessory uses are:

      (1)   Common open space for passive or active recreation such as a golf course area specifically for the residents of the Planned Unit Development;

      (2)   Streams or ponds;

      (3)   Parking lots; and

      (4)   Other uses which, as the result of the plan review process, are determined to be designed to serve the residents of the Planned Unit Development.

   (e)   Common Open Space. At least 40% of the total land area within a Planned Unit Development shall be in common open space.

   (f)   Unified Control. All lands within a proposed Planned Unit Development shall be under the control of a single applicant, with that applicant being an individual, partnership, corporation or group of individuals, partnerships or corporations. All buildings, structures, landscaping and other improvements in a Planned Unit Development shall be under the unified control of the same applicant.

   (g)   Access and Circulation.

      (1)   Public roadway access and roadways shall be constructed in accordance with the standards, regulations and specifications adopted by the Eaton County Road Commission, the Michigan Department of Transportation and the Village.

      (2)   Private roadway access and roadways shall be constructed in accordance with the standards, regulations and specifications adopted by the Eaton County Road Commission, the Michigan Department of Transportation and the Village.

   (h)   Parking Standards.

      (1)   One and one-half spaces are required for one bedroom units and two spaces are required for units of two or more bedrooms. Guest parking shall be as dictated by project design.

      (2)   Design and layout shall be as follows:

         A.   Parking must be arranged so as to be compatible with the surrounding development in the District. Parking for residents and guests must be considered in the overall design. Private drives and garages are allowed.

         B.   Parking lot size shall be as follows:

            1.   Parking space dimensions shall be in accordance with Section 1288.10.

            2.   A single parking area shall contain not more than 20 parking spaces.

            3.   Within a parking area, not more than ten spaces shall be permitted in a continuous row without being interrupted by landscaping.

         C.   Separate parking or storage areas shall be provided to accommodate motor homes, campers, boats and similar vehicles and equipment. Such areas will be screened from both within and without the Planned Unit Development.

      (3)   Parking lots and loading areas shall be screened from adjacent roads and buildings with hedges, fences, walls, dense plantings or berms.

      (4)   All parking lots shall be adequately lighted. Lighting shall be so arranged as to direct light away from any residential buildings.

   (i)   Yard Requirements; Site Perimeter.

      (1)   Where a Planned Unit Development abuts a residential zoning district, all structures shall be at least 30 feet from any perimeter boundary line, except that such structures in excess of 40 feet in length shall be set back an additional foot for every five feet of building length parallel to such boundary line.

      (2)   Where a Planned Unit Development abuts a zoning district other than a residential zoning district, all structures shall be set back at least 25 feet from any perimeter boundary line.

      (3)   Where a Planned Unit Development abuts a residential zoning district, no intensive recreational building or facility shall be located within 50 feet of any perimeter boundary line.

      (4)   Except for single-family detached dwelling units, where a Planned Unit Development abuts a residential zoning district, no parking area shall be within 50 feet of any perimeter boundary line.

   (k)   Lot Sizes. Lot sizes may be reduced from the regulation of the specific zoning district within which they are located. Provisions may be made for developments without lot area.

   (l)   Dwelling Unit Access. Dwelling units may front on and take access from private roadways which are part of the commonly held lands within the development.

   (m)   Improvements and Utilities. Improvements and utilities shall be required in accordance with Section 1292.04.

   (n)   Landscaping. Acceptable landscaping shall be provided in open spaces around buildings and within parking areas.

   (o)   Solid Waste Disposal. A satisfactory solid waste disposal system shall be provided.

(Ord. 2002-5. Passed 12-9-02; Ord. 2009-6. Passed 11-9-09.)

   (a)   Required Improvements.

      (1)   Water supply system. When a proposed Planned Unit Development is located adjacent to or reasonably near the service area of a public water supply system, fire hydrants or other required water system appurtenances shall be constructed in such a manner as to adequately service all lots shown on the approved site plan both for domestic use and fire protection. In the event of the nonexistence or nonavailability of a public water supply system, a development water supply system, if considered economically feasible (as determined by the Planning Commission with the advice of the designated Village Engineer and approval by Council) shall be installed by the developer. If it is not feasible to install any type of public water supply system in a proposed development (in the judgment of the Planning Commission with the advice of the designated Village Engineer and the County Health Department), then the developer shall, with the approval of the Planning Commission, install individual wells in accordance with the requirements of the Barry-Eaton District Health Department.

   The sizes of watermains, the location and type of valves and hydrants, the amount of soil cover over the pipes, and other features of the installation shall be approved by the designated Village Engineer, and shall conform to the accepted standards of sound practices for municipal water supply and fire protection systems.

   All easements and water supply improvements shall be dedicated to the public and accepted by Council for administration, operation and maintenance. No proprietary rights of any type or description shall be retained by the developer or owners of the Planned Unit Development. In the event that land reserved for well sites is not used for that purpose and it is appropriate for lot development, such land shall revert to the developer for such use.

      (2)   Sanitary sewer system. Planned Unit Developments shall be served by the public sanitary sewer system and shall meet the design requirements of the Village.

      (3)   Storm drainage. Each site shall be provided with adequate storm drainage. Open drainage courses and stormwater retention ponds may be permitted if properly engineered.

(Ord. 2002-5. Passed 12-9-02; Ord. 2009-6. Passed 11-9-09.)

   Applications shall be filed with the Village as follows:

   (a)   Applicant. An application for approval of a Planned Unit Development shall be submitted by or on behalf of an applicant who has a demonstrable legal interest in all of the lands within the proposed development.

   (b)   Preapplication Conference. An applicant shall meet with the Planning Commission staff prior to the submission of a formal application. The purpose of the conference is to review the procedure necessary for the submission of an application. Special problems concerning utilities, street access, site design and zoning will be identified to enable the developer to better plan for the project. Time requirements for plan approval shall be reviewed.

   (c)   Preliminary Plan Application. Before submitting a final plan, an applicant shall submit a preliminary plan of the Planned Unit Development in accordance with this section. Such plan shall show the name, location and principal design elements so as to enable the Village to make a determination as to whether the Planned Unit Development is in conformity with this Zoning Code. The approval of a preliminary plan shall confer on the applicant the conditional right that the general terms and conditions under which the preliminary plan approval was granted will not be changed.

   (d)   Final Plan Application. Upon approval of a preliminary plan application, a developer shall prepare and submit a final plan application in accordance with this section. Upon approval of a final plan application by Council, the developer may obtain necessary building permits for the construction of the Planned Unit Development.

      (1)   Two copies of the applicant's name, address, phone number, proof of property interest and the name, address and phone number of the architect, engineer or designer preparing the application;

      (2)   Two copies of a written legal description of the total site area proposed for development;

      (3)   Ten copies of a site plan and supporting maps and drawings containing the following information, at a scale of not more than one inch equals 100 feet and sufficiently dimensioned so as to identify the size and location of the various elements of the plan, including:

         A.   A location map;

         B.   Site topography, existing and proposed, at intervals not greater than two feet;

         C.   The location of all existing and proposed buildings and structures;

         D.   Public and private roadways within and adjacent to the site;

         E.   Walkways within and adjacent to the site;

         F.   Park areas, driveways and loading and service areas;

         G.   Open areas and a description as to use;

         H.   A written tabulation of statistical data concerning the site, including the number of dwelling units by type, the area of all parcels created, the area of all common open space and the number of parking spaces provided;

         I.   A general plan of landscaping within the site, with specific details of plan size to be shown for any landscaping provided to comply with any required screening within the project;

         J.   The location and screening of any outside trash containers;

         K.   The location and size of all existing utilities and drainage facilities;

         L.   The general location and size of all proposed utilities and drainage facilities; and

         M.   The dimensions of all parcels to be created as a part of the development;

      (4)   Two copies of building elevation drawings showing the architectural style to be used in the development;

      (5)   The organizational structure of the homeowner's association to be formed for the operation and maintenance of all common open space and common property and facilities within the development, for review by the Village Attorney;

      (1)   Two copies of the applicant's name, address, phone number, proof of property interest, and the name, address and phone number of the architect, engineer or designer preparing the application;

      (2)   Two copies of a written legal description of the total site area proposed for development;

      (3)   Two copies of a letter of transmittal setting forth the proposed development schedule, including the sequence of any phases of development;

      (4)   Ten copies of a site plan and supporting maps and drawings containing the following information at a scale of not more than one inch equals 100 feet, and dimensioned so as to identify the size and location of the various elements of the plan, including:

         A.   A location map;

         B.   Site topography, existing and proposed at intervals not greater than two feet;

         C.   The location of all existing and proposed buildings and structures;

         D.   Public and private roadways within and adjacent to the site;

         E.   Walkways within and adjacent to the site;

         F.   Park areas, driveways and loading and service areas;

         G.   Open areas, and a description as to use;

         H.   A written tabulation of statistical data concerning the site, including the number of dwelling units by type, the area of all parcels created, the area of all common open space and the number of parking spaces provided;

         I.   A general plan of landscaping within the site, with specific details of plan size to be shown for any landscaping provided to comply with any required screening within the project;

         J.   The location and screening of any outside trash containers; and

         K.   The dimensions of all parcels to be created as part of the development;

      (5)   The organizational structure of the homeowner's association to be formed for the operation and maintenance of all common open space and common property and facilities within the development;

      (6)   Two copies of all covenants pertaining to the development; and

      (7)   Plans and specifications for all sanitary sewer, storm drainage, water and roadways within the project. Such plans and specifications shall be prepared by a professional engineer in accordance with the standards of the Michigan Department of Public Health, as they pertain to public utilities.

(Ord. 2009-6. Passed 11-9-09.)

   (b)   Planning Commission Action. After a study of the application for a Planned Unit Development, and within sixty days of receipt of such application, the Planning Commission shall recommend to Council the approval, approval with modification or disapproval of the project. The Planning Commission shall prepare a report explaining its action and any modifications and conditions of approval or denial. The decisions of the Planning Commission shall be based on:

      (1)   The standards incorporated in Section 1292.03 and any other applicable standards set forth in the ordinances and regulations of the Village;

      (2)   A determination that the development is not detrimental to the health, safety and welfare of the community; and

      (3)   A determination that the development will not be detrimental or injurious to the character of the neighborhood in which it is to be located and that the development is compatible with such neighborhood.

   The review period may be extended upon receipt of a written request by the applicant. Materials and information to be considered in this study and review process may include input from such agencies as the County Health Department, utilities and drain officials and other agencies required to review the Planned Unit Development.

(Ord. 2009-6. Passed 11-9-09.)

   (a)   Within forty-five days after receipt of a recommendation from the Planning Commission, Council shall review the application and site plan and shall approve, approve with modification or disapprove of the proposed Planned Unit Development. Changes in the application or site plan desired by Council shall be referred to the Planning Commission for review and recommendation prior to Council's action thereon. The basis for Council action and any conditions of the approval of the Planned Unit Development shall be set forth in writing as a part of official Council action.

   (b)   This review and approval by Council shall be based on:

      (1)   The standards incorporated in Section 1292.03 and any other applicable standards set forth in ordinances and regulations of the Village;

      (2)   A determination that the development is not detrimental to the health, safety and welfare of the community; and

      (3)   A determination that the development shall not be detrimental or injurious to the character of the neighborhood in which it is to be located and that the development is compatible with such neighborhood.

   (a)   Submission of Plan. A developer may submit to the Village for final plan approval all or part of the plan for which preliminary approval has been received. Any final plan for a part of the larger development shall be such that its proportional share of the common space shall be included in and contiguous to the area to be developed, and such partial development shall be capable of standing on its own with respect to necessary improvements, circulation, facilities and open space.

   (b)   Planning Commission Action. After a study of the proposed final plan for a Planned Unit Development or part thereof, the Planning Commission shall, within 60 days of the receipt of such plan, recommend to Council approval, approval with modification or disapproval of the project. The Commission shall prepare a report explaining its action. The Commission shall recommend approval of a final plan unless it is determined that such final plan is not in accordance with the approved preliminary plan, or unless such final plan, when a part of a total proposed plan, does not represent a proportion of all of the critical elements of such plan.

   (c)   Council Action. Within 60 days of the receipt of a recommendation from the Planning Commission, and after the execution of the agreement by the developer, as required in subsection (d) hereof, Council shall approve, approve with modification or disapprove of the final plan. A final plan shall be approved unless it is determined that it is not in conformance with the approved preliminary plan or that such final plan, when a part of the total proposed plan, does not represent a proportional part of all the critical elements of such plan. Council shall set forth in writing the basis for its decision and any conditions relating to an affirmative decision.

   (d)   Agreement Required. Prior to final plan approval by Council, the developer shall have executed and submitted, in duplicate to the Clerk, an agreement with the Village setting forth:

      (1)   The specific location and use of all common lands and common facilities within the development;

      (2)   The organizational structure of the homeowner's association and the provisions for implementation of transfer of control to such association from the developer;

      (3)   The methods for levying assessments on the common lands and facilities, both with respect to taxes, and operation and maintenance fee;

      (4)   Provisions enabling the Village to enter in and maintain such common lands and facilities when the developer or the homeowner's association has failed to do so, along with the procedure for assessing such costs back to the development;

      (5)   Provisions for a financial guarantee sufficient to cover the cost of any public and common improvements; and

      (6)   Provisions to allow the Village to enter and complete such improvements if the developer has failed to do so within the stated period of time.

   This agreement shall be approved as to form and content by the Village Attorney.

(Ord. 2002-5. Passed 12-9-02.)

   (e)   Release. Upon the written request of the developer for the release of all or a portion of the financial security provided for the completion of the improvements, and upon certification by the designated Village Engineer that the proportion of the financial security requested to be released is equal to or less than the proportion of the improvements installed at the date of such request, the Village may authorize the the release of such financial security to the developer or to such other source as shall be directed by the developer. Any written request from the developer seeking the release of a portion of the financial security shall be accompanied by written certification from the developer’s engineer or architect certifying what part of the improvements have, in fact, been completed.

(Ord. 2009-6. Passed 11-9-09.)

   Minor changes in the location, siting or character of buildings and structures may be authorized by Council, if required by engineering or other circumstances not foreseen at the time the final development program was approved. No change authorized under this section may increase by more than ten percent, or decrease by more than twenty percent, the size of any building or structure, or change the location of any building or structure by more than ten feet in any direction. Council shall not permit changes beyond the minimum or maximum requirements set forth in this Zoning Code.

   All other changes in the Planned Unit Development, including changes in the site plan and the development schedule, must be made under the procedures that are applicable to the initial approval of the Planned Unit Development.

   Any Planned Unit Development which will result in the creation of parcels of land under separate ownership, as defined in Act 288 of the Public Acts of 1967, the Subdivision Control Act, or Act 59 of the Public Acts of 1978, the Condominium Act, shall comply with such Acts, as amended.

   A Planned Unit Development proposal submitted to the Village shall not be reviewed or acted upon unless the required fee, as set forth in the Village General Fee Schedule, accompanies the proposal. Any expense incurred by the Village in excess of the fee collected for the examination or review of any document pertaining to the Planned Unit Development shall be reimbursed in total by the developer.

(Ord. 2009-6. Passed 11-9-09.)