Minimum area. The minimum area required to qualify for a planned unit development and a permit allowing same shall be not less than 10 contiguous acres of land.

Ownership. The tract of land for a project must be either in single ownership or be the subject of an application filed jointly by the owners of all properties included in the proposed planned unit development. The holder of a written option to purchase land or the holder or vendee of an executory land contract shall, for the purposes of such application, be deemed to be an owner of such land.

Location. Planned unit developments shall be allowed within any zone of the Township, provided that planned unit developments located in either I-1 or I-2 Zones shall contain structures and uses which are particularly compatible with industrial uses. No uses first permitted in R-1, R-2, R-3, R-4, R-5, C-1 or C-2 Districts shall be permitted in an industrial planned unit development.

Control act, subdivision. In the event subdivision is proposed which would otherwise require application of the Subdivision Control Act of the State of Michigan or its amendments or successor legislation [now Land Division Act (MCL 560.101 et seq.)], the said act or acts shall be complied with prior to the final issuance of a planned unit development permit.

Other control statutes. Any and all other statutes, whether federal, state or local, permits, certificates or approvals of any kind shall be acquired before the issuance of a planned unit development permit.

Application. The application shall be filed with the Zoning Administrator who shall review the application and its contents as set forth above and if it conforms to § 450-703 of this article and with Article V, the application and its contents shall be forwarded to the Planning Commission.

Copies required. Seven copies of the application shall be provided by the applicant for use of the Planning Commission.

Conferences, preapplication. The Planning Commission shall give notice to the applicant of his right to preapplication conferences. Said preapplication conferences shall be held with the Planning Commission at its regular meetings or special meetings held for that purpose, all of which shall comply with the Open Meetings Act[1] of the State of Michigan, and may include the submission of preliminary site plans and other written material. No such conference, or statements, discussions or memoranda had or made at said conference shall constitute in any way any commitment by the Planning Commission to finally issue a planned unit development permit. No commitment or indication shall be given by the Planning Commission at any such conference indicating probability or lack of probability of the issuance of a permit. The purpose of such conferences shall be solely to familiarize the Planning Commission with the project contemplated by the applicant.

Public hearing. Notification and the holding of a public hearing shall be accomplished by the Planning Commission in accordance with the procedural and notice requirements of Act 110 of the Public Acts of 2006, Section 502 (MCL 125.3502), as amended.

Further procedures. All procedures set forth in this chapter in connection with site plan submissions and approvals shall be followed simultaneously with these procedures.

Final consideration. Within a reasonable time following the public hearing, the Planning Commission shall meet for final consideration of the request at an open meeting, and deny or approve with conditions, the request for planned unit development.

Decision report. In making its decision, the Planning Commission shall prepare a report stating its conclusions on the request, the basis for its decision, the decision itself, and any conditions relating to an affirmative decision if any.

Approval — multi-phased plan. Final approvals may be granted on phases of a multi-phased planned unit development if each phase contains the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development and residents and occupants of the surrounding area. Each phase so considered by the Planning Commission shall meet all the standards set forth in this chapter and in Act 110 of the Public Acts of 2006 (MCL 125.3101 et seq.), as amended.

Density of area (zone) occupancy. Density of buildings or uses in a planned unit development shall comply with area, yard, setback and height requirements of zoning districts in which said uses are allowed, unless the applicant can demonstrate through competent expert opinion and evidence that sanitary sewer, storm sewer, water supply, utility and other installations alleviate the negative effects of higher densities than otherwise allowed in such use districts.

Codes for consideration. The Planning Commission may use such nationally or state-wide recognized building, engineering, scientific or other codes or standards arriving at decisions concerning the effects of various uses and their location on the users and occupants of the planned unit development as well as the users and occupants of the surrounding and adjacent areas and the community.

Nuisances uses. The Planning Commission shall insure that no use or combination of uses in a planned unit development creates any disturbance, nuisance or adverse effects on human habitation or occupancy within or without the development. Such effects may include noise, glare, emissions and other environmental effects.

Utility installation. The Planning Commission shall require unless reasonable substitutes can be found (which substitutes comply with health department requirements), that water, sanitary sewer and storm drainage facilities are installed and connected as part of the site development. All electric, telephone transmission, cable television and other wires shall be placed underground in a planned unit development.

Compatible mixed uses. The mixing of various land uses within a planned unit development shall be compatible, so that for example, commercial uses would be such that would serve surrounding residential uses, as opposed to commercial uses which serve transient automobile traffic which would be incompatible with residential uses.

Ratio of dwelling to other units. The Planning Commission shall require a reasonable ratio between the number of dwelling units permitted and the amount of open space, recreation and park area required within the planned unit development. Setback, yard and lot area requirements, if reduced, as above, below the requirements of similar districts shall be taken into account, however, in arriving at the total open space to be required and in arriving at the reasonable ratio to be determined by the Planning Commission.

Mixture of uses. The Planning Commission shall not approve a planned unit development which mixes or mingles industrial uses with any other kind of use allowed by this chapter.

Open space requirements. Open space shall be set aside within the planned unit development in a permanent manner. Open space shall be sufficient in size and suitably located for the uses proposed within the planned unit development. Access shall be adequate and satisfactory arrangements shall be required for the maintenance of such open land by private developers or the applicant, and not by the Township.

Landlocked areas. No land being set aside within the planned unit development for anything but open space or buffer area shall be landlocked or without adequate access to a public street.

Public access. No planned unit development shall be closed to the public, and all streets shall meet Township and county standards, and shall be open for public access whether or not they are privately owned and maintained.

Access format. The Planning Commission shall determine the adequacy and arrangement of vehicular traffic access and circulation, including the size and location of intersections, road widths, channelization, traffic controls and pedestrian movement.

Parking format. The Planning Commission shall insure that the location, arrangement, appearance and sufficiency of off-street parking meets the standards of this chapter and is reasonably related to the uses proposed within the planned unit development.

Entrances, lighting. The Planning Commission shall review and approve the location, arrangement, size and entrances of buildings, walkways and lighting.

Landscaping. The Planning Commission shall determine the adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring screen between adjacent uses and adjoining land.

Compatibility. The planned unit development must be compatible with the basic plan of the Township known as the Egelston Township general development guide.

Variance of lot area permitted. The lot area for various uses shall not be reduced below 90% of the normal requirements which would be required for a use if established in a normal zoning district providing for said use.

Formula for number of dwellings in PUD unit. The maximum number of dwelling units permitted within the project shall be determined by dividing the net multiple use development area by the minimum residential lot area per dwelling unit required by the district in which the project is located. In the event the project lies in more than one zoning district, the number of dwelling units shall be computed for each district separately.

Security for compliance with requirements. To ensure compliance with this chapter and any conditions, limitations or requirements imposed by the Planning Commission as necessary to protect natural resources or the health, safety, and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area, the Planning Commission may require a cash deposit, certified check or irrevocable bank letter of credit or surety bond covering the estimated cost of furnishing such condition, limitation or requirement conditioned upon the faithful completion of the required improvement. Such security shall be deposited with the Township Clerk at the time of the issuance of the permit authorizing the commencement of such construction or activity. Where the improvement required will take more than six months to be completed, the Planning Commission may authorize a rebate of any cash deposit in reasonable proportion to the ratio of the work completed as the work progresses.