Sec. 5B.01. The intent of this Chapter is to offer an alternative to traditional subdivision design by encouraging innovation and offering flexibility in the design of residential developments, which may incorporate the permanent preservation of open space, agricultural lands and other valuable natural and cultural resources. Flexibility is permitted in lot area and required yards, but it is also intended that each CS-PUD development will afford reasonable protection to uses that are near and adjacent to the CS-PUD development.

(Ord. of 2-3-2000)

Sec. 5B.02. A CS-PUD may be approved by the Township Board following a recommendation from the Planning Commission in any location zoned as A, B-1, B-2, RE, RA or PUD, or any area master planned for Rural Agricultural, Rural Estate, Low Density Residential, or Medium Density Residential within Dorr Township in accordance with the procedures of this Ordinance. The granting of a CS-PUD rezoning application shall require an amendment of the Zoning Ordinance and Zoning Map. An approval granted under this chapter shall constitute part of the Zoning Ordinance.

(Ord. of 2-3-2000)

Sec. 5B.03. The procedure for a CS-PUD development shall be subject to the Application and Processing Procedures set forth in Section 5A.05 of Chapter 5A, PUD-Planned Unit Development District. In addition to those requirements for preliminary plan review required in Section 14A.04, the preliminary site plan shall be prepared with the following information and in the following manner:

STEP 1 Identify Areas to be Preserved

(a)

Prepare a site plan of the proposed CS-PUD development that identifies the Primary Conservation Areas and Secondary Conservation Areas which shall include:

Primary Conservation Areas

(1)

Wetlands.

(2)

Floodplains.

(3)

Soils that will not sustain on-site septic systems.

(4)

Steep slopes (20 percent or over).

Secondary Conservation Areas

(1)

Significant wildlife habitats.

(2)

Woodlands.

(3)

Farm land.

(4)

Meadows and hedgerows.

(5)

Farm buildings and fences.

(6)

Historic, cultural, and archeological features.

(7)

Views into and out from the site.

(8)

Any other area which, due to significant natural or cultural features, is determined to be worthy of preservation.

(b)

Next, identify on the plan those areas or features of the Secondary Conservation Areas which shall be preserved as Dedicated Open Space in addition to the Primary Conservation Areas. These areas shall together constitute at least 40 percent of the site according to the requirements of Section 5B.08 herein.

(The remaining areas are potential development areas where house sites may be located.)

(c)

Next, determine the number of house sites permitted for the site according to the requirements of Section 5B.05 herein.

STEP 2 Locate House Sites On the same site plan, illustrate the tentative location of house sites. Within conservation subdivision developments, house sites are identified before determining the location of lot lines and streets. The location of house sites shall be based upon the following criteria:

(a)

House sites shall be located within the potential development areas identified in Step 1 and beyond the boundaries of those areas identified as Primary Conservation Areas or that portion of the Secondary Conservation Areas which shall become Dedicated Open Space.

(b)

Houses should be placed so that the predominant view from the house is of open space and not of dwellings on the opposite side of the street.

(c)

Houses should be placed so that scenic views are left unblocked or uninterrupted, particularly as seen from the public road right-of-way.

(d)

Avoid siting new construction on prominent hilltops or ridges by taking advantage of lower topographic features. Avoid siting two-story walk-out dwellings with the rear of the dwelling facing the public road right-of-way thus giving the appearance of a three-story dwelling and detracting from the rural view.

STEP 3 Locate Streets and Trails On the same site plan illustrate the location of streets and trails. The following criteria shall apply when locating streets and trails:

(a)

Avoid crossing wetlands, wildlife habitat, or other sensitive natural areas with streets. Travel lanes may be split into a boulevard-style street with natural areas between the travel lanes.

(b)

Avoid long straight street segments that encourage speeding; curving roads or shorter straight segments at 90 degrees to each other (a traditional town-like arrangement) are preferable.

(c)

Whenever possible, street systems should be designed to produce terminal vistas (views) of open spaces, village greens, water features, meadows or playing fields.

(d)

Where possible, streets should allow single loading of house sites, which allows all homes views of open spaces within the development.

(e)

Every effort should be made to connect each street with another so that dead ends are minimized, to provide safe and efficient access for emergency and public service vehicles, and to avoid conditions where certain residential streets become collectors that carry the majority of neighborhood traffic.

(f)

Where cul-de-sacs are unavoidable, they should be provided with pedestrian and bike linkages to nearby streets or adjoining neighborhoods. These cul-de-sacs should be designed with a central island where existing trees can be preserved or native species can be planted.

(g)

Whenever possible, streets within a CS-PUD should be designed to connect with adjoining properties. In considering whether or not to require a private or public street to connect with an adjoining property, the Planning Commission and Township Board shall consider the following criteria:

(1)

The road extension is necessary to provide a secondary means of access for emergency vehicles.

(2)

The road extension is a logical method to achieve the safe and efficient movement of vehicles and pedestrians between residential areas and to reduce the amount of vehicle trips which would otherwise need to utilize the public street system to access adjoining residential areas.

(3)

The road extension would not result in future traffic from off-site creating unsafe situations for the residents of the project proposed by the applicant.

If such a connection is required the applicant shall construct the road to the adjacent property line at the time that the private road is built or the applicant shall record an agreement to construct the road connection when the adjacent property develops and the Planning Commission determines the necessity of the road connection.

Upon completion of the connection the applicant shall record a statement that the connection shall remain open at all times for the uninterrupted movement of people and vehicles.

(h)

Conservation subdivision developments shall, where feasible and appropriate, provide a trail system that provides pedestrian and bicycle linkage throughout the development, that takes advantage of the Primary and Secondary Conservation Areas, and that provides linkage to future neighborhoods and developments that may occur adjacent to the development.

(i)

Within Conservation Subdivisions, individual house sites may be served by individual or shared driveways from existing roads. All lots need not be served by a continuous road system but may be served by several non-connected roads.

STEP 4 Draw Lot Lines.

(a)

On the same site plan draw the location of lot lines within the development. Modifications of the applicable regulations may be modified per Section 5B.04 herein. Lot sizes and widths shall allow for adequate separation of wells and septic systems.

(b)

Additional information.

(1)

In addition to the drawing required by Section 5B.03(a)—(d) above, the applicant shall provide documentation from the Allegan County Health Department that the building sites are acceptable for on-site well and septic systems.

(2)

If the applicant is also seeking approval for a private road, information required by Section 4.16 herein shall also be submitted.

(c)

Review of Preliminary and Final Site Plan.

(1)

The Commission shall review the plan according to the requirements of Section 5A.05(d) herein. The Commission may conduct a site inspection in order to provide more direction to the applicant in preparing a final CS-PUD site plan.

(2)

The applicant shall revise the Preliminary Site Plan in accordance with the recommendations of the Planning Commission and submit this plan for additional review by the Commission. Upon acceptance of the Preliminary Site Plan by the Commission, the applicant shall prepare a Final Site Plan in accordance with the requirements of Section 5A.05(f) of the Ordinance.

(3)

The Planning Commission shall schedule a public hearing and make a recommendation to the Township Board in accordance with the requirements of Section 5A.05 of the Zoning Ordinance.

(Ord. of 2-3-2000)

Sec. 5B.04. Land and buildings in a CS-PUD may only be used for the following uses or combination of such uses:

(a)

Single family detached dwelling units.

(b)

Two-family attached dwelling units (duplexes) provided that such dwellings shall not constitute more than 20 percent of the total dwellings in a CS-PUD.

(c)

Multi-family dwelling units up to 12 units per building but only if the land requested for rezoning to CS-PUD is designated for such use in the Township Master Plan.

(d)

Other uses may be allowed by the future land use recommendation of the Township Master Plan and the recommended zoning district as listed in the table in Section 5B.06 below.

(e)

Limited farming activities if conducted within the Dedicated Open Space, and only if the land is recommended for Rural Agricultural, or Rural Estate uses in the Township Master Plan. For purposes of this section, farming activities shall be limited to the growing of crops, fruits, and vegetables and the raising and keeping of farm animals. In permitting farming activities as part of a CS-PUD, the project shall demonstrate that the farming activities will not pose a nuisance or a hazard to the residents of the CS-PUD.

(f)

Golf courses, tennis courts, ball fields, bike paths, walking paths, playground, community buildings, and similar recreational facilities as well as day care facilities, provided such uses are accessory to the residential uses in the CS-PUD and designed to be used primarily by residents of the CS-PUD.

(g)

Accessory uses, structures and buildings which are customarily associated with the uses specified above.

(Ord. of 2-3-2000)

Sec. 5B.05. Requirements applicable to lot area, lot width, building setback, structure heights, signs, parking and loading, private roads, landscaping, sidewalks, general provisions and other applicable regulations within a CS-PUD shall be determined by the Planning Commission and the Township Board in order to achieve the purposes of this section, and in order to achieve the intent of the site design principals in Section 5B.03. (Minimum floor area shall be as regulated by the existing zoning of the site or by the zoning recommended for the site in the Township Master Plan.) In determining these requirements, the Planning Commission and Board shall base their decisions upon the criteria listed in Section 5A.04(e) and the following criteria:

(a)

Whether the modifications help to preserve the best features of the site which contribute to rural or community character.

(b)

Whether the modifications maintain or improve habitat for wildlife.

(c)

Whether the modifications maintain valuable open space for the residents.

(d)

Whether the modifications result in building placement which enhances the views into and out of the site.

(e)

Whether on-site well and septic system placement will satisfy the requirements for approval of the Allegan County Health Department.

(f)

Whether the modifications will result in building or road placement which would have a significant positive or negative impact on adjacent properties with regard to drainage, pedestrian or driver safety, or privacy.

(g)

Whether access for emergency vehicles is available to all dwellings.

(Ord. of 2-3-2000)

Sec. 5B.06. 

(a)

The area which is requested for rezoning to CS-PUD shall only be developed in accordance with the density and land uses recommended by the Township Master Plan or by the existing zoning of the property. The permitted number of dwellings per acre (density) for the proposed CS-PUD shall be based on the density requirements of the zoning district which is recommended within the future land use category proposed by the Master Plan or by the existing zoning of the property.

(b)

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), Standards for Approval. This density shall be calculated using the following table:

DENSITY TABLE

(c)

Formula to determine number of dwellings. To determine the number of dwelling units which may be constructed within the CS-PUD, multiply the permitted density from the Density Table by the total acreage of the site excluding one-half those areas within the 100-year flood plain, wetland areas and areas permanently inundated by water such as lakes, ponds, streams and rivers, one-half of the areas with existing slopes of 20 percent or more and one-half of the area of any golf course. The Planning Commission and the Township Board may in their discretion allow fewer dwelling units than would otherwise be permitted by this section.

The determination of the existence of wetlands and floodplain areas on a parcel shall be demonstrated to the satisfaction of the Planning Commission through a written determination by the Michigan Department of Natural Resources or by an analysis performed by a professional biologist, ecologist, environmental engineer or similar professional person deemed acceptable to the Planning Commission.

(d)

Formula for additional dwellings. Additional dwellings beyond that which is allowed by Section 5B.06(b) may be permitted at the discretion of the Township Board and Planning Commission if the development provides additional amenities or preserves additional open space which would result in a significant recognizable benefit to the Township and residents of the CS-PUD. Items which could be added to a CS-PUD so it may be eligible for consideration for additional dwelling units shall include one or more of the following items as well as similar items:

(1)

Provision of recreational facilities such as playground areas with play equipment, ball fields, golf course, bike path, walking path, man-made lake, community building or similar recreation facility.

(2)

Additional landscaping to preserve or enhance the rural view along the roadway.

(3)

Enhancement of existing wetlands, subject to applicable regulations.

(4)

Provision of additional unique open space or mature stands of trees which would be of recognizable benefit to Township residents.

(5)

Provision of a public or private community water and/or sanitary sewer system.

(e)

If additional dwelling units are permitted, the maximum number of dwelling units shall be determined by multiplying the density permitted in the Density Table by the total acreage of the site including wetlands, floodplain, bodies of water, steep slopes, golf courses, and portions of the site within existing road right-of-way. In no case shall the number of dwelling units exceed what is permitted by this subsection.

(Ord. of 2-3-2000)

Sec. 5B.07. The minimum size of a parcel that may be approved for a CS-PUD shall be ten acres of contiguous land.

(Ord. of 2-3-2000)

Sec. 5B.08. The proposed CS-PUD shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, performance guarantees, covenants and/or deed restrictions that indicate that the development will be completed in its entirety, as proposed.

(Ord. of 2-3-2000)

Sec. 5B.09. 

(a)

A minimum of 40 percent of the gross parcel area shall be designated as dedicated Open Space. All areas identified as Primary Conservation Areas shall be preserved as Dedicated Open Space, however, only one-half of the Primary Conservation Area shall be contributed to that 40 percent of Dedicated Open Space required by this section. The remainder of the land to be counted as Dedicated Open Space shall consist of Secondary Conservation Areas as defined in Section 5B.03(b) and other lands if necessary, except as noted in Section 5B.09(b).

(b)

The following areas shall not be considered eligible for Dedicated Open Space for the purposes of this section:

(1)

The area within any public road right-of-way.

(2)

The area within private road access easements.

(3)

Any easement for overhead utility lines unless adjacent to qualified open space.

(4)

Fifty percent of any lakes, streams, detention ponds, or other surface water bodies, wetlands, and floodplains.

(5)

The area within a platted lot or site condominium lot.

(6)

One-half of parking areas.

(c)

The applicant shall guarantee that all required open space areas of the development shall be maintained in perpetuity and in a manner approved by the Township as part of project authorization. Documents shall be presented that bind all successors and future owners in fee title to commitments made and approved at the time of authorization. This provision shall not prohibit the transfer of ownership or control, provided that notice of such transfer is provided to the Township, and that the land uses continue as approved in the final CS-PUD development plan, unless an amendment is approved by the Township Board.

(d)

Options for dedicating open space may include:

(1)

Recorded deed restrictions or covenants that run perpetually with the land.

(2)

Transfer to a non-profit land trust.

(3)

Conservation easements established per Public Act 197 of 1980 as amended.

(4)

Public dedication of open space.

(e)

Standards for Dedicated Open Space:

(1)

Dedicated open space shall be for use by all residents of the PUD, subject to reasonable rules and regulations. In the case of a golf course, stable or similar facility, membership shall be available to all residents of the PUD, subject to charges, fees and assessments for use.

(2)

The Dedicated Open Space may either be centrally located, along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces throughout the development.

(3)

If the site contains a lake, stream or other body of water, the Township may require that a portion of the Dedicated Open Space shall abut the body of water.

(4)

A portion of the Dedicated Open Space shall be located along the public road frontage abutting the site. The depth of this area shall be at least 50 feet not including public road right-of-way, and this area shall be left in its natural condition or landscaped to help reduce the view of houses on-site from the adjacent roadway and preserve the rural view.

(5)

A Dedicated Open Space area shall be configured such that the open space is reasonably usable by residents of the PUD. The minimum size of a Dedicated Open Space shall be 20,000 square feet; provided, however, that the Dedicated Open Space abutting a public street may be less than 20,000 square feet; and, further provided, that the Planning Commission may approve other Dedicated Open Space areas of less than 20,000 square feet if such areas are designed and established as pedestrian or bicycle paths or are otherwise determined by the Planning Commission to be open space reasonably usable by residents of the PUD.

(6)

Open space areas are encouraged to be linked with any adjacent open spaces, public parks, bicycle paths or pedestrian paths.

(7)

Open space areas shall be located so as to be reasonably accessible to the residents of the PUD. Pedestrian access points to the Dedicated Open Space areas on the interior of the PUD shall be provided and shall be clearly identified by signs or a visible improved path for safe and convenient access.

(8)

Grading in the Dedicated Open Space shall be minimal, with the intent to preserve existing topography where practical.

(9)

Dedicated Open Space may consist of ball fields, tennis courts, swimming pools and related buildings, community buildings and golf courses, and similar recreational facilities. These uses however shall not utilize more than 50 percent of the Dedicated Open Space.

(f)

The method selected to preserve the Dedicated Open Space shall:

(1)

Indicate the proposed allowable use(s) of the dedicated open space.

(2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space.

(3)

Provide standards for scheduled maintenance of the open space.

(4)

Provide for maintenance to be undertaken by the Township in the event that the dedicated open space is inadequately maintained, or is determined by the Township to be a public nuisance, with the assessment of cost upon the property owners.

(Ord. of 2-3-2000)

Sec. 5B.10. Any changes to an approved Final CS-PUD Development Plan shall be subject to the conditions for approval as stated in Section 5A.06 of Chapter 5A PUD Planned Unit Development of the Dorr Township Zoning Ordinance.

(Ord. of 2-3-2000)

Sec. 5B.11. Any requirements for performance guarantees for a CS-PUD shall be subject to the requirements stated in Section 5A.07 of Chapter 5A PUD Planned Unit Development in the Dorr Township Zoning Ordinance.

(Ord. of 2-3-2000)

Sec. 5B.12. Time limitations on development of a CS-PUD shall be subject to the requirements stated in Section 5A.08 of Chapter 5A PUD Planned Unit Development in the Dorr Township Ordinance.

(Ord. of 2-3-2000)

Sec. 5B.13. The outdoor parking of commercial vehicles on lots of less than two acres is prohibited as regulated by Ordinance No. 03-04, the Dorr Township Commercial Vehicle Parking Ordinance.

(Ord. of 5-6-2004; Ord. No. 03-04, 5-6-2004)