Sec. 5A.01. This Chapter provides enabling authority and standards for the submission, review, and approval of applications for Planned Unit Developments. It is the intent of this chapter to authorize the consideration and use of Planned Unit Development regulations for the following purposes:

a)

To encourage the use of land in accordance with its character and adaptability.

b)

To promote the conservation of natural features and resources including prime agricultural land.

c)

To encourage innovation in land use planning and development.

d)

To promote the enhancement of housing, employment, shopping, traffic circulation, and recreational opportunities for the people of Dorr Township.

e)

To promote and ensure greater compatibility of design and use between neighboring properties.

f)

To provide for the regulation of legal land uses not otherwise authorized within this Ordinance.

g)

To encourage the availability of open space, as a part of the development of residential lands, and to promote the development of passive and recreational land uses.

The provisions of this Chapter are not intended as a device for ignoring the Zoning Ordinance or the planning upon which it has been based. To that end, provisions of this Chapter are intended to result in land use development substantially consistent with the underlying zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this Chapter to ensure appropriate, fair, and consistent decision-making.

Sec. 5A.02. A Planned Unit Development may be approved in any location within Dorr Township by the Township Board. Any land use authorized in this Ordinance may be included in a Planned Unit Development, as a principal or accessory use, as well as any other legal land use not otherwise authorized in this Ordinance, subject to adequate public health safety and welfare mechanisms being designed into the development, and the following.

Sec. 5A.03. 

a)

In order to be eligible for PUD rezoning, the proposed area shall consist of a minimum of two acres except in the case of a two-family or multiple family dwelling project for which the minimum area requirement shall be one acre.

Sec. 5A.04. 

a)

Density: The density for residential uses shall not exceed the maximum density allowed for the zoning district in which the PUD is to be located. In each case, the maximum density for residential uses shall be determined by the Township Board after review by the Planning Commission based on the standards contained in Section 5A.05(i).

b)

Dwelling Unit Computation: The density permitted by the Township Board shall be multiplied by the net development area of the site in order to determine the maximum number of dwelling units permitted for the site. The net development area is determined by subtracting the following from the gross or total site area:

1)

Area within existing road rights-of-way.

2)

One-half of the land within the 100-year floodplain.

3)

One-half of areas permanently inundated by water.

c)

Open Space: The Planning Commission may require that up to 10 percent of the gross acreage devoted to residential uses in a PUD be set aside as open space for the benefit and use of all residents. If such open space is required, the applicant shall provide documentation which demonstrates to the satisfaction of the Township Board that such open space areas are preserved and maintained.

For the benefit of the residents of the PUD, the Planning Commission may also require recreational amenities or facilities such as basketball and tennis courts, play structures, bike paths, ball fields and other similar recreational amenities.

d)

Mixed Uses: Residential and non-residential uses may be permitted within the same PUD district upon demonstration to the Township Board that such uses meet the intent of this chapter. It shall also be demonstrated that the non-residential uses will not negatively impact the residential uses and that the non-residential uses will be separated and buffered from residential uses in a manner consistent with good land planning principles.

The permitted density for residential uses in a mixed use development shall be determined by the Township Board upon recommendation of the Planning Commission.

e)

Applicable Regulations: The Township Board upon the recommendation of the Planning Commission may waive or modify or otherwise vary the applicable regulations of the underlying zoning district relative to lot size, lot width, setbacks, structure height, signs, parking and loading, landscaping, general provisions and other applicable regulations. Such waiver or modification shall be based on the application of site planning criteria to achieve integration of the project with the characteristics of the project area. In making these determinations, the criteria considered shall include the following:

1)

Number and type of dwelling units.

2)

Proximity to adjacent existing and future land uses. The extent to which the PUD is buffered from adjacent and nearby existing land uses, by landscaping or other means.

3)

Presentation of existing vegetation or other natural features on site.

4)

Topography on the site.

5)

Provision of public or community water and sanitary sewer.

6)

Approval of the Allegan County Health Department for private or community septic systems and wells.

7)

Appropriateness of the lots as building sites.

8)

Overall design of the project relative to its compatibility with nearby existing or proposed land uses.

Sec. 5A.05. 

a)

Preapplication Conference. Before submitting an application for a PUD, an applicant may meet with the Planning Commission to submit information regarding a proposed PUD and to confer with the Planning Commission about the proposed application and the PUD.

b)

Application for PUD Approval. An application for PUD rezoning shall be in accordance with the application procedures for site plan review as required by Chapters 14A and 19 of this Ordinance.

c)

Preliminary Development Plan.

1)

An applicant for PUD rezoning shall submit a site plan in accordance with the requirements for Preliminary Site Plan Review as set forth in Chapter 14A of this Ordinance.

2)

If required by the Planning Commission, the preliminary or final development plan shall include any of the following:

(i)

An environmental impact assessment. Such assessment shall describe the effect and impact, whether adverse or otherwise, that the proposed PUD will or may have upon or with respect to the following matters.

1)

The lands involved and the adjacent and nearby lands; streams, rivers, wetlands, and the quality and volume of surface and groundwater; wildlife and trees, and other significant vegetation; the effect, if any, on surrounding property values.

2)

Population in the immediate area and the Township; local school systems; traffic congestion.

3)

Additional costs to governmental units and school districts, police and fire protection; storm water drainage; water supply and sewage disposal.

4)

Noise, vibration, dust and dirt, litter, smoke, odor, light, and glare.

5)

General appearance and character of the area; historic structures and places; archeological site and artifacts.

6)

Such other matters as the Planning Commission may request to be included. If requested by the Planning Commission, the environmental impact assessment shall include statements or comments from the following public agencies or officials concerning those aspects of the proposed land use within their respective responsibilities and jurisdictions: County health department; county road commission; county drain commissioner; department of national resources; intermediate school district; local board of education; county sheriff's department; local fire department and other appropriate agencies.

(i)

Traffic impact study.

(ii)

A community impact analysis.

(iii)

An economic feasibility study for the principal uses of the proposed PUD.

(iv)

An analysis of the nature and effect of any private utility systems, including septic tanks and drain fields, storm water control and retention facilities, and water supply and distribution systems.

d)

Review of Preliminary Development Plan. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD. A copy of the Planning Commission's recommendations as contained in the minutes of the Planning Commission shall be forwarded to the Township Board. The recommendations of the Planning Commission shall be based on the following considerations:

1)

The requirements of this Ordinance.

2)

The setback and placement of buildings and structures.

3)

Ingress to and egress from the PUD and proposed buildings and structures therein, including motor vehicle and pedestrian safety and convenience, traffic flow and control and emergency access.

4)

Off-street parking and loading areas where required.

5)

Screening and buffering, including type, dimensions and character of materials used therefore.

6)

Area and location of yards and other open spaces.

7)

Refuse and service area.

8)

Water supply and sanitary sewage disposal, including locations, availability and compatibility, the preservation of natural resources and natural features.

9)

Open spaces and recreational area.

10)

Drainage courses, food [flood] plains, lakes, streams, and wetlands.

11)

Gross density of the development.

12)

Impact and adverse effects, if any, upon adjacent and nearby lands, the surrounding area and the Township.

13)

Other aspects and effects of the PUD, as reasonably deemed appropriate by the Planning Commission.

e)

Advisory Public Hearing. In the course of its consideration of the preliminary development plan, the Planning Commission may, it is discretion, convene an advisory public hearing in order to receive public comments concerning the preliminary development plan. For such hearing, the Planning Commission shall give notice as required by PA 110 of 2006 as amended and Section 19.03 of this Ordinance.

f)

Final Development Plan.

1)

After receiving the recommendations of the Planning Commission on the preliminary development plan, the applicant for PUD rezoning shall submit a Final Development Plan to the Township office in accordance with the requirements for Final Site Plan Review as contained in Chapter 14A of this Ordinance. Copies of the plan shall be forwarded to the Planning Commission.

2)

The final development plan shall contain all of the information required for Final Site Plan review unless the same is waived by the Planning Commission as not being reasonably necessary for the consideration of the PUD plus the following:

(i)

All of the drawings, narrative, studies, assessments, and other information, and materials comprising the preliminary development plan, including all of the recommendations of the Planning Commission thereon, or if the applicant has not incorporated all of such recommendations, the final development plan shall indicate such fact and shall state the basis or grounds upon which such recommendation have not been included.

(ii)

Projected time for completion of the entire PUD; proposed phasing, if any, of the PUD and the projected time for completion of each phase.

(iii)

Any other information reasonably required by the Planning Commission in connection with its review of the PUD and consideration of the rezoning of the lands in accordance with the PUD plan.

g)

Public Hearing on Final Development Plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning in accordance with the plan. The giving of public notice for the public hearing and the convening of the public hearing shall proceed in accordance with PA 110 of 2006 as amended and Section 19.03 of this Ordinance.

h)

Consideration of Final Development Plan by Planning Commission. After a public hearing, the Planning Commission shall make recommendations concerning the final development plan and the modifications in the final development plan, to the Township Board. The recommendations of the Planning Commission shall then be transmitted to the Township Board.

i)

Standards for Approval. In making a recommendation to approve a PUD, the Planning Commission must find that the proposed PUD meets the following standards:

1)

Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

2)

The PUD will not result in a significant increase in the need for public services and facilities and will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.

3)

The PUD will be compatible with the Master Plan of the Township and consistent with the intent and purposes of this chapter.

4)

The PUD will not result in significant adverse effects upon nearby adjacent lands, and will not significantly change the essential character of the surrounding area.

5)

A PUD shall be designed and laid out so as to provide for the preservation of natural resources and natural features wherever reasonably possible.

j)

Final Consideration of PUD by Township Board. The Township Board shall review the final development plan and the recommendations submitted by the Planning Commission. The Township Board shall determine whether the final development plan complies with the standards, conditions, and requirements of this Ordinance and, in addition, shall determine whether the proposed project promotes the intent and purpose of this Ordinance; insures that the proposed project will be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed project; and insures that the proposed project will be consistent with the public health, safety, and welfare needs of the Township. Upon a determination that a proposed project meets such standards, conditions, and requirements, the Township Board may approve the final development plan and grant the rezoning request.

k)

Conditions of Approval. The Township Board may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to insure that public services and facilities affected by a proposed project will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements.

1)

They shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well being of those who will use the proposed project under consideration, residents, and landowners immediately adjacent to the proposed project, and the community as a whole.

2)

They shall be related to the valid exercise of the police power, and the purposes which are affected by the proposed project.

3)

They shall be necessary to meet the intent and purpose of this Ordinance, be related to the standards established in the Ordinance for the proposed PUD under consideration, and be necessary to insure compliance with those standards.

The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Township Board and the property owner. The Township Board shall maintain a record of conditions which are changed.

l)

Effect of Rezoning. If the Township Board approves the final development plan and the proposed application for rezoning, it may rezone the property involved in accordance with PA 110 of 2006 as amended. The granting of a Planned Unit Development rezoning application shall require an amendment of the Zoning Ordinance and the Zoning Map constituting a part of this ordinance. All approval granted under this chapter, including all aspects of the final plan and conditions imposed, shall constitute part of the Zoning Ordinance.

(Ord. of 1-15-2009)

Sec. 5A.06. 

a)

An approved Final PUD Development Plan and any conditions imposed upon Final PUD approval shall not be changed except upon the mutual consent of the Township Board and the applicant except as otherwise noted below.

b)

Minor Amendments. A minor change may be approved by the Zoning Administrator who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions of the plan.

The following items shall be considered as minor changes:

1)

Reduction of the size of any building and/or sign.

2)

Movement of buildings and/or signs by no more than ten feet.

3)

Plantings approved in the site plan landscape plan may be replaced by similar types of landscaping.

4)

Changes of building materials to a higher quality.

5)

Changes in floor plans which do not alter the character of the use.

6)

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

7)

Changes required or requested by the Township for safety reasons.

8)

Changes which will preserve the natural features of the site without changing the basic site layout.

9)

Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Zoning Administrator to be not material or significant in relation to the entire site and which the Zoning Administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.

The Zoning Administrator may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator may consult with the Chairperson of the Planning Commission.

c)

Should the Zoning Administrator determine that the requested modification to the approved site plan is not mitior, resubmission to the Planning Commission for all amendment shall be required and conducted in the same manner as an original application.

Sec. 5A.07. The Township Board, after recommendation by the Planning Commission, or in its own discretion, may require reasonable performance guarantees or assurances deemed satisfactory in the circumstances and authorized by law. The amount of the performance guarantee shall be determined by the Township Board based on a recommendation from the Planning Commission. Such arrangements shall have such sureties or guarantors as are satisfactory to the Township Board, and shall be conditioned upon faithful compliance with all of the provisions and requirements of the PUD and construction and placement of all of the improvements therein. In its discretion, the Township Board, upon recommendation by the Planning Commission, may rebate or refund a proportionate share of the amount specified in a performance bond, letter of credit, or other written assurance, based upon the percent or other portion of improvements completed, as verified by the Planning Commission or appropriate Township official.

Sec. 5A.08. Each PUD shall be under construction within one year after the date of approval of the final development plan and adoption of a zoning ordinance amendment by the Township Board. If this requirement is not met, the Planning Commission may, in its discretion, grant an extension not exceeding one year, provided that the PUD applicant submits reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the PUD. If the PUD has not been commenced within the above-stated period of time, or within any authorized extension thereof, any building permits issued for the PUD or any part thereof shall be of no further effect, at the conclusion of said periods of time, and the Planning Commission and Township Board may then, in their discretion, initiate proceedings for the rezoning of the lands to some other zoning district.