This article is intended to:

(1)

Allow flexibility of design on relative large scale parcels which would not ordinarily be possible under conventional zoning ordinance regulations;

(2)

Achieve economies of design relating to vehicular and pedestrian circulation, utility extensions, dwelling unit siting, etc;

(3)

Encourage the preservation of desirable natural features including woodlots, streams, floodplains and major open spaces; and

(4)

Allow a mix of land uses based on an approved comprehensive plan on a single site, including a variety of housing types and compatible commercial facilities and both open space and indoor recreational uses.

(Ord. No. 62, § 7-15.01, 8-11-1984)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agreement means prepared by the landowner, reviewed by the township attorney and approved by the township board which specifically details the development plans of the PUD, the covenants and restrictions proposed for the PUD, the staging of developments and the improvements to be placed in the development.

Common open space means a parcel of land, an area of water, or a combination of land and water within the site designated for a PUD, designed and intended for the use and enjoyment of residents of the PUD. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefits and enjoyment of residents of the PUD.

Developer means synonymous with the term "landowner" for the purposes of this article.

Homeowners' association means an association to which all residents are required to belong as a condition of the deed, and which is set up with its own rules for self-government and assessment of dues for purposes related to maintenance of open space and provisions of other necessary internal services.

Landowner means the legal or beneficial owner of all the land proposed to be including in a PUD. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purposes of this chapter. (See Developer).

Plan means any or all or the three possible plan stages of a planned unit residential development, which are defined as follows:

(1)

Proposal for PUD designation. The proposal of a landowner for the designation of an area for planned unit residential development.

(2)

Tentative development plan. Any plan submitted for approval to the board subsequent to or together with the submission of a proposal for PUD and prior to submission of a final development plan for approval.

(3)

Final development plan. That plan for development of a PUD or divisible geographic section thereof, approved subsequent to the approval of the proposal for PUD designation and the tentative development plan by the board under the provisions of this chapter.

Planned unit development means an area of land controlled by a landowner, to be developed as a single entity containing a minimum of 80 acres, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one residential district of this chapter.

Single ownership means the proprietary interest of a single individual, partnership, or corporation, or other legally recognized entity in the state.

Tentative preliminary plat means a map showing the salient features of a proposed subdivision of land submitted to the planning commission for the purposes of preliminary consideration in accordance with the township subdivision, lot split and land division chapter (chapter 18 of this Code).

(Ord. No. 62, § 7-15.02, 8-11-1984)

(a)

The provisions of this section shall apply only to a tract of land of 80 or more acres, located in the R-1A, R-1B, R-2 or RM districts, which tract is under single ownership, and for which an application for a PUD is made as provided in this section.

(b)

Notwithstanding the provisions of subsection (a) of this section, and application for a PUD on a tract of land of less than 80 acres may be filed, but no tentative approval of such an application shall be granted by the board unless the board shall find upon a showing by the landowner that the minimum area required in subsection (a) of this section should be waived because a PUD is in the public interest, and that one or more of the following conditions exit:

(1)

Because of unusual physical features of the property itself or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise applicable is necessary or appropriate in order to conserve a physical or topographic feature of importance to the township;

(2)

The property has an historical character of importance to the community that will be protected by employing the PUD provision; or

(3)

The property is adjacent to or across a street from property, which has been developed or redeveloped as a PUD, and a PUD will contribute to the maintenance of the amenities and values of the neighboring property.

(Ord. No. 62, § 7-15.03, 8-11-1984; Ord. No. 198, art. 8, 8-16-2006)

(a)

A plan that is consistent with the statement of intent for a planned unit development and the following general standards shall be deemed to have qualified for consideration as a PUD.

(b)

The plan shall be consistent with the following general standards for the use of land; the use, type, bulk, design and location of buildings; the density of use, common open space and public facilities requirements; and development of geographic divisions of the site:

(1)

The PUD provision may be employed only when municipal sanitary sewers and water mains are provided to all appropriate segments of the proposed development.

(2)

The plan may provide for a variety of permanent housing types including single-family homes, apartments, townhouses, condominiums, etc.

a.

A parcel of land must contain a minimum of 80 acres and be located in an R-1A, R-1B, R-2 or RM district.

b.

The maximum density allowed shall be determined based on the following average land areas per type and size of dwelling unit:

Plans presented showing one-, two- or three-bedroom units which include a den, library, or other extra room shall count such extra room as a bedroom for the purpose of computing density. The area used for computing density shall be the total site area exclusive of any proposed or existing dedicated public right-of-way of either interior or bounding roads.

c.

The overall unit type mix may include a maximum of 30 percent multiple-family units when located in a single-family or two-family residential district (R-1A, R-1B or R-2).

d.

Consistent with the purpose of providing design flexibility in a PUD, the size, width and area of lots, and the height, placement and coverage of buildings may be varied from that which would ordinarily be required in division 12, article III of this chapter, schedule of district regulations, subject to approval of this development plan under this section, provided that adequate provision shall be made for light, air, access, fire protection, safety, sanitation and open space.

e.

Minimum floor areas per dwelling unit shall conform to division 12, article III of this chapter, schedule of district regulations.

f.

Spacing between multiple-family dwellings to be included as a part of the PUD shall conform to the development requirements of section 38-442.

g.

Parking spaces and areas shall be provided in accordance with section 38-619.

(3)

All subdivision developed, as a part of a PUD shall be designed in accordance with the standards provided in this section and as specified in the township subdivision, lot split and land division chapter (chapter 18 of this Code).

(4)

Each PUD shall be provided a minimum of 12 percent of the gross project area as common open space, which space shall be readily accessible and available to occupants of those dwelling units for whose use the open space is intended. All common open spaces shall be of a size, configuration, and function and in a location satisfactory to the planning commission. Development phases shall be so designed as to provide a proportional amount of open space in each phase.

(5)

Both public and private nonresidential uses, of an education or recreational nature, including golf courses, tennis clubs, swim clubs, riding trials, and necessary appurtenant facilities and structures designed as an integral part of the overall development plan may occupy appropriate portions of the site. The area occupied by such uses may be employed, at the discretion of the planning commission and the board, to satisfy up to 25 percent of the gross common open space requirements.

(6)

Common open spaces and open spaces employed as public and/or private recreational areas shall be maintained as such by deed restrictions, conveyances, dedications, or other such means as may be recommended by the township attorney.

(7)

The developer shall establish a homeowners' association to which all residents of the PUD must belong and shall relinquish control of the platted common open space to the homeowners included in the homeowners' association are sold to the general public or within three years of the commencement of construction, whichever occurs first.

(8)

Commercial uses generally permitted in the neighborhood business district (C-1), together with such other uses deemed consistent by the planning commission with the overall development plan, may occupy up to five percent of the gross site area. Planned commercial sites are to be located at an intersection of two major thoroughfares or a major thoroughfare and a collector street. The approval of commercial sites depends on the market potential of the area. Therefore, it is the burden of the landowners to submit sufficient evidence to justify the need for commercial development within a proposed PUD.

(9)

A minimum of 25 percent of the total number of single-family units in any PUD must be constructed and ready for sale prior to the construction of any multiple-family or commercial portions of the project, except that site grading, roadway construction, and truck utility installation relating to multiple-family and commercial portions of the project may be undertaken concurrent with single-family subdivisions and open space uses, either public or private, may be constructed and operated concurrent with single-family subdivision.

(10)

The height of particular buildings shall not be a basis for denial or approval of a plan, provided any structures in excess of 25 feet shall be designed and sited to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services.

(11)

The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.

(12)

The architectural style of buildings shall not be a basis for denying approval of a plan unless the development is in an area previously designated by the township board as an historical area.

(13)

The plan shall contain proposed covenants, easements and other provisions relating to the bulk, location and density of such residential units, nonresidential uses and public facilities and provisions for the ownership and maintenance of the common open space as are necessary for the welfare of the PUD and are consistent with the best interests of the entire township. Such covenants, easements and other provisions, which are a part of the plan as finally approved, shall inure to the benefit of the township for all purposes.

(14)

The township board upon recommendation of the planning commission, may approve phased development of the PUD, and in such case specify reasonable periods for the development of each phase. Deviations from the number of dwelling units per acre established for the entire PUD may be permitted within certain development phases as long as the number of dwelling units per acre authorized for the entire development is not affected. The time span for completion of the entire development and commencement date for each section thereof may be modified from time to time by the township board upon the showing of good cause by the landowner, provided that in no case shall extension of time exceed 12 months. The landowner shall make such easements, covenants and other arrangements and shall furnish such performance bonds as may be required to ensure performance in accordance with the event of abandonment of such plan before completion.

(15)

All portions of the PUD, including one-family lots, multiple-family projects, commercial areas, and public and private open spaces shall be platted in conformance with the requirements of the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and with the township subdivision, lot split and land division chapter (chapter 18 of this Code).

(Ord. No. 62, § 7-15.04, 8-11-1984; Ord. No. 198, art. 8, 8-16-2006)

(a)

The township board and planning commission may formulate administrative regulations regarding general procedures and form of application as may be desirable, provided that they are consistent with the provisions of this section.

(b)

Fees for the reviews of a proposal for PUD designation, tentative development plan, or final development plan shall be in accordance with the schedule of fees adopted by resolution of the township board and amended from time to time.

(1)

Processing procedures.

a.

Step I - Proposal for PUD designation. A proposal for PUD designation of an area shall be reviewed by the planning commission, presented at a public hearing called by the commission, acted by the township board, and shall be processed in accordance with the following procedures:

1.

A developer submits 15 copies of the proposal for PUD designation, pays fees to the township clerk, and the clerk places the proposal for PUD designation on the planning commission agenda.

2.

The planning commission accepts the proposal and refers it to the appropriate reviewing agents (planner and engineer).

3.

Reviewing agents analyze the proposal and submit recommendations to the planning commission.

4.

The planning commission reviews the proposal and establishes a public hearing date. The planning commission shall establish the public hearing date within 60 days following the receipt of the developer's proposal for PUD designation from the township clerk.

i.

Describe the nature of the subject of the proposal for PUD designation.

ii.

State when and where the proposal for PUD designation will be considered.

iii.

Indicate when and where written comments concerning the proposal for PUD designation will be accepted.

5.

The planning commission holds the public hearing.

6.

Following the public hearing, the township planning commission forwards the proposal for PUD designation to the planning commission for review and recommendation.

7.

Following receipt of the recommendations of the planning commission, the township planning commission forwards the same, along with a summary of comments received at the public hearing and the township planning commission's recommendations to the township board. In making its recommendations to the township board, the planning commission shall evaluate the proposal to determine its conformance with the statement of intent for planned unit development (section 38-561) and with the standards and provisions of sections 38-563 and 38-564. The proposal shall also conform to the exhibit requirements as provided in subsection (b)(1)c of this section. A proposal, which meets all of such criteria shall be approved by the planning commission.

8.

The township board reviews the report of the public hearing and the planning commission recommendations, and within 30 days following receipt of the developer's proposal for PUD designation from the planning commission either approves, approves with modifications, or rejects the proposal for PUD designation. The township supervisor and clerk sign three copies of the proposal, send one to the township planning commission, and retain one for the township clerk's files. Following approval of the proposal for PUD designation by the township board, the PUD status of the property shall be identified on the zoning chapter map. Such identification shall simply illustrate the township's approved development policy in respect to the property.

9.

Following approval of the proposal for PUD designation, the developer proceeds to step II, tentative development plan.

b.

Step II - Tentative development plan. The tentative development plan is reviewed by both the planning commission and township board, is presented at a public hearing called by the planning commission, is acted upon by the township board and shall be processed in accordance with the following procedures:

1.

The developer submits 15 copies of the tentative development plan, pays fees to township clerk, and the clerk places the tentative development plan on the planning commission agenda.

2.

The planning commission accepts the plan and refers it to the appropriate reviewing agents, including the engineer, planner and attorney.

3.

Agents review the plan and submit recommendations to the planning commission.

4.

The planning commission reviews the tentative development plan and other agents recommendations and establishes a public hearing. The planning commission shall establish the public hearing date within 60 days following the receipt of the developer's tentative plan from the township clerk. Notice of such public hearing shall be given in accordance with the notification procedures outlined in subsection (b)(1)a.4 of this section.

5.

The planning commission holds the public hearing.

6.

The planning commission submits a report of the public hearing and the planning commission's recommendation to the township board. In making its recommendations to the township board, the planning commission shall evaluate the tentative development plan to determine if it is in conformance with the intent, standards and criteria for a PUD as set forth in this chapter and the exhibit requirements set forth in subsection (b)(2)b of this section. The planning commission shall approve a proposal, which meets all of such criteria.

7.

The township board reviews the report of the public hearing and the planning commission recommendations and, within 30 days following the receipt of the developer's tentative development plan from the planning commission, either approves or approves with modifications, the supervisor and clerk sign three copies of the proposal, give one to the developer, send one to the planning commission, and retain one for township clerk's files. In acting on the tentative development plan, the township board shall also evaluate the proposal in relation to the standards and criteria stated in subsection (b)(1)b.6 of this section.

8.

Following tentative approval by township board the developer prepares PUD agreement which is reviewed by the township attorney, planner and engineer.

9.

The township board and the developer review the PUD agreement and the supervisor, clerk and developer sign a minimum of three copies. Following the signing of the PUD agreement and distribution of one copy each to the developer, township clerk, and planning commission files, the developer proceeds to step III, final development plan (tentative preliminary plat). A final development plan (tentative preliminary plat) for some portion of the PUD must be submitted within 24 months following the approval of the tentative development plan. If no final development plan is accepted for platting within that period, the approvals of the proposal for PUD designation and the tentative development plan are automatically rescinded and traditional zoning will be applied. However, the township board, upon written application by the landowner for cause shown, may extend the designation for successive two-year periods. Except that no more than two such 24-month extensions may be granted.

c.

Step III - Final development plan (tentative preliminary plat).

1.

The final development plan of all or a portion of the total PUD is reviewed by the planning commission and acted upon by the township board to ensure substantial compliance with the tentative development plan. The final development plan must be prepared in the form of a preliminary plat in detail sufficient to be granted tentative preliminary plat approval in conformance with the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), the township subdivision, lot split and land division chapter (chapter 18 of this Code), and the conditions established in the tentative development plan and PUD agreement, and shall not:

i.

Vary the proposed gross residential density or intensity of use in any portion of the PUD by more than ten percent;

ii.

Involve a reduction of the area set aside for common space;

iii.

Increase by more than ten percent the floor area proposed for nonresidential use; or

iv.

Increase by more than five percent the total ground area covered by buildings.

2.

The final development plan shall be processed in accordance with the following procedures:

i.

The developer submits 15 copies of the final development plan, pays fees to township clerk, and the clerk places the final development plan on the planning commission agenda.

ii.

The planning commission accepts the plan and refers it to the appropriate reviewing agents (engineer, planner and attorney).

iii.

Agents review the plan and submit recommendations to the planning commission.

iv.

The planning commission reviews the final development plan (tentative preliminary plat) and recommendations, ensures conformance with the approved tentative development plan and PUD agreement, and within 30 days, following the receipt of the developer's final development plan from the township clerk, approves, or if the final development plan differs from the tentative development plan by more than the limits prescribed in the PUD article, requires modifications to ensure conformance.

v.

Following approval of a final development plan by the planning commission, the planning commission chairman signs a minimum of seven copies and distributes one copy to the developer, five copies to the township clerk, and retains one for the planning commission files, and the developer proceeds to step IV "A" and "B." The planning commission shall withhold final approval of the required site plans for multiple-family and commercial sites until the required percentage of single-family homes have been constructed. (See Step IV "B").

d.

Step IV - "A" plat approval by township board. Following the approval of a final development plan (tentative preliminary plat) by the planning commission, the developer begins processing the plat through the township board in conformance with the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.) and the lot split and land division chapter (chapter 18 of this Code). Construction of the initial phase of the PUD shall be completed within two years following final preliminary plat approval by the township board. This time limit may be extended for a reasonable period to be determined by the township board, upon written application by the landowner for cause shown. If, however, this time limit is not met and an extension is not granted, the PUD agreement is automatically rescinded.

e.

Step IV - "B" site plan approval. The planning commission, following the construction of the required percentage of single-family homes, may now grant site plan approval previously withheld in step III.

(2)

Exhibit requirements.

a.

Step I - Proposal for PUD designation. The following minimum information must be provided by the developer at the time of filing of a proposal for PUD designation:

1.

Statement of purpose and objectives, including:

i.

A discussion of the rationale for employing the PUD procedure rather than developing the project conventionally.

ii.

Description of the existing site characteristics.

iii.

Discussion of the proposed character of the development.

iv.

Discussion of the proposed means of serving the development with sewer and water.

2.

A generalized development plan and program, including:

i.

An overall vicinity map at a minimum scale of one inch = 2,000 feet showing the relationship of the PUD to its surroundings, including section lines, parcel boundaries, major roads, collector streets, etc.

ii.

A generalized graphic depiction at a minimum scale of one inch = 200 feet of the following:

Major access roads serving the site, including right-of-way widths, and existing and proposed surfacing.

Existing utility lines, including sanitary sewer, storm sewer, water main, and gas and electric service.

Existing adjacent land uses and structures.

Proposed collector road pattern.

Areas to be developed for various uses.

Areas to be preserved in a natural state.

iii.

A development program, including: (the developer may submit any other data or graphics which will serve to further illustrate the proposed PUD):

Total project area.

Total project density.

Areas and densities of various residential types.

Areas of land uses proposed for commercial sites.

Area and percent of developed and undeveloped open spaces.

Minimum single-family lot area and minimum dimensions.

Proposed project phasing boundaries.

Estimated timing schedule by phase to completion.

b.

Step II - Tentative development plan. The following minimum information must be provided by the developer at the time of the filing of a tentative development plan:

1.

A physical development plan prepared at a minimum scale of one inch = 100 feet. The plan shall include:

i.

Existing site features:

An overall area map at a scale of not less the one inch = 2,000 feet showing the relationship of the PUD to its surroundings such as section lines and/or major streets or collector streets.

Boundaries of proposed PUD, section or corporation lines within or adjacent to the tract, and overall property dimensions.

Property lines of adjacent tracts of subdivided and unsubdivided land shown in relation to the PUD site, including those areas across abutting roads.

Locations, widths, and names of existing or prior platted streets and private easements within or adjacent to the PUD site, including those located across roads.

Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the PUD site.

Topography drawn as contours with a two-foot contour interval. Topography to be based on a USGS datum and be extended a minimum distance of 200 feet outside the PUD boundaries.

ii.

Proposed site features:

Layout of streets indicating proposed street names, right-of-way widths, and connections with adjoining platted streets and also the widths and locations of alleys, easements and public walkways.

Layout, numbers and dimensions of single-family lots, including building setback lines showing dimensions.

Layout of proposed multiple-family projects, including setbacks, buildings, drives, parking spaces, walkway systems, and landscaping.

Layout and indication of uses to be included in proposed commercial projects, including setbacks, buildings, drives, parking spaces, pedestrian ways, landscaping, percent of lot coverage.

Location and definition of function of both developed and undeveloped open spaces. Layout of facilities to be included on developed open spaces.

Depiction of major wooded areas and description of means to be employed to preserve them.

An indication of ownership, and existing and proposed use of any parcels identified as "excepted." If the developer has an interest or owns any parcel so identified as excepted the tentative development plan shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed PUD.

An indication of the system proposed for sewerage by a method approved by the township board and the township engineer.

An indication of the system proposed for water supply by a method approved by the township board and the township engineer.

An indication of storm drainage proposed by a method approved by the township, the township engineer, the county road commission, and if involving county drains the proposed drainage shall be acceptable to the county drain commissioner. Storm drainage must be provided to an approved outlet.

Conceptual site grading planned conceptual landscaping plan, including pedestrian circulation system.

Depiction of proposed development phases.

Tabulation showing:

Total site acreage, and acreage and percent of total project in various uses, including developed and undeveloped open spaces.

Total site density, density of single-family and multiple-family areas and percent of ground area covered by buildings.

Number of bedrooms per unit, by area and phase.

Acreage and percent of project in commercial areas, total number of square feet of building areas proposed for each building, building group, or use, and percent of ground area covered by buildings.

Acreage and numbers of single-family lots and multiple-family units to be included in development phases.

Architectural renderings of typical structures and landscape improvements, in detail sufficient to depict the basic architectural intent of the improvements.

An architectural model of the total area within the PUD at a scale sufficient to show both horizontal and vertical site relationships, including roads, single-family lots, multiple-family units, commercial and recreational structures, drives and parking areas developed and undeveloped open spaces, pedestrian circulation patterns, etc. (Completed model to be presented at public hearing and prominently displayed in PUD sales office.)

iii.

Supporting materials including:

Legal description of the total site.

A statement of the developer's interest in the land proposed for development.

A statement regarding the manner in which open space is to be maintained.

A statement regarding the developer's intentions regarding sale and/or lease of all or portions of the PUD, including land areas, units, and commercial facilities.

A statement of covenants, grants of easements (including easements for public utilities), and other restrictions to be imposed upon the uses of land and structures.

A statement of required modifications (variances) to the regulation which are otherwise applicable to the site.

A schedule indicating the time within which applications for final approval of each phase of the PUD are intended to be filed.

c.

Step III - Final development plan. The following minimum information must be provided by the developer at the time of the filing of a final development plan on all or a portion (phase) of a PUD:

1.

Final development plan.

i.

The preliminary plat of the phase proposed for development prepared in conformance with the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.) and the township subdivision, lot split and land division chapter (chapter 18 of this Code).

ii.

A detailed grading plan.

iii.

A detailed landscaping plan.

iv.

A detailed utilities layout.

v.

Tabulations showing:

Total phase acreage and percent of total PUD.

Acreage and percent of portion of phase and total PUD occupied by single-family, multiple-family, commercial, and developed and undeveloped open space.

Total phase density and percent of total PUD.

Number of bedrooms per unit by type.

Percent of ground area covered by buildings.

2.

Site plans. Detailed site plans (one inch = 100 feet minimum scale) for each multiple-family, commercial, and developed open space area including in the preliminary plat of the phase proposed for development.

3.

Supporting materials.

i.

Legal description of the total phase, each use area, and dedicated open space.

ii.

Copies of covenants, easements and other description to be imposed.

iii.

Proposed dates of construction start and completion of phase.

(Ord. No. 62, § 7-15.05, 8-11-1984)