(a)

It is the intent of this article to offer an alternative to traditional subdivisions through the use of planned unit development legislation, as authorized by Michigan Zoning Enabling Act, Public Act No. 110 of 2006, as amended for the purpose of:

(1)

Encouraging the use of Township land in accordance with its character and adaptability;

(2)

Ensuring the permanent preservation of open space, agricultural lands, and other natural resources;

(3)

Providing recreational facilities within a reasonable distance of all residents of an open space community development;

(4)

Allowing innovation and greater flexibility in the design of residential developments;

(5)

Facilitating the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

(6)

Ensuring compatibility of design and use between neighboring properties; and

(7)

Encouraging a less sprawling form of development, thus preserving open space as undeveloped land.

(b)

These regulations are intended to preserve a traditional rural character to the land use pattern in the Township through the creation of small residential nodes contrasting with open space and less intensive land uses. This article is not intended as a device for ignoring the zoning regulations of the Township, the standards set forth therein, nor the planning concepts upon which this chapter has been based.

(c)

These regulations are intended to result in a specific development substantially consistent with zoning ordinance standards yet allow for modifications from the general standards to ensure appropriate, fair, and consistent decision making.

(d)

The open space community district is established as an overlay district applicable to the following single-family residential districts RAA, RA, WRF, and NR.

(Zoning Ord. 2020, § 14.1.1, 1-5-2021)

For the purposes of this article, the term "open space community" means a predominately single-family residential development in which dwelling units are placed together into one or more groupings within a defined project area. The dwelling units are separated from adjacent properties or other groupings of dwellings by substantial open space that is perpetually protected from development. Multifamily and commercial uses may be allowed as stated in section 36-426.

(Zoning Ord. 2020, § 14.1.2, 1-5-2021)

To be eligible for open space community consideration, the applicant must present a proposal for residential development that meets each of the following:

(1)

Recognizable benefits. An open space community shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the Township. The benefits can be provided through site design elements in excess of the requirements of this chapter, such as high quality architectural design, variety of housing types and sizes, providing additional amenities for public use, extensive landscaping, provide transition areas from adjacent residential land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major thoroughfares, and buffering development from lakes, rivers, streams and wetlands. This benefit should accrue, in spite of any foreseeable detriments of the proposed development.

(2)

Open space. The proposed development shall provide at least one of the following open space benefits:

a.

Significant natural assets. The site contains significant natural assets such as woodlands, individual trees over 12-inch diameter, measured at breast height, rolling topography with grades exceeding 15 percent, significant views, natural drainageways, water bodies, floodplains, regulated or nonregulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the Township to preserve and which might be negatively impacted by conventional residential development. This determination shall be made by the planning commission after review of a site analysis plan, prepared by the applicant that inventories these features. If animal or plant habitats of significant value exist on the site, the planning commission, as a condition of approval, may require that the open space community plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas.

b.

Recreation facilities. If the site lacks natural features, it can qualify if the development will preserve an existing recreation facility or provide usable recreation facilities to which all residents of the development shall have reasonable access. Such recreation facilities include areas such as a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bike paths or similar facilities which provide a feature of community-wide significance and enhance residential development.

c.

Creation of natural features. If the site lacks existing natural features, it can also qualify if the development will create significant woodland features. The creation of significant woodland features shall be considered providing perimeter buffer plantings and interior street tree plantings at a rate of twice what is required by this chapter.

(3)

Guarantee of open space. The applicant shall guarantee to the satisfaction of the Township Planning Commission that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the land uses continue as approved in the open space community plan.

(4)

Cohesive neighborhood. The proposed development shall be designed to create a cohesive community neighborhood through common open space areas for passive or active recreation and resident interaction. All open space areas shall be equally available to all residents of the open space community.

(5)

Unified control. The proposed development 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 unless it is stated in the development agreement. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed. In the event, all or any portion of the development changes ownership or control prior to completion of the project, the terms and conditions of the planned unit development shall be binding on any successor owner of all or any portion of the property.

(6)

Density impact. The proposed type and density of use shall not result in an unreasonable increase in the need for or impact to public services, facilities, roads, and utilities in relation to the use or uses otherwise permitted by this chapter and shall not place an unreasonable impact to the subject and/or surrounding land and/or property owners and occupants and/or the natural environment. The planning commission may require that the applicant prepare an impact statement documenting the significance of any environmental, traffic or socio-economic impact resulting from the proposed open space community. An unreasonable impact shall be considered an unacceptable significant adverse effect on the quality of the surrounding community and the natural environment in comparison to the impacts associated with conventional development. The planning commission may require that the applicant prepare a quantitative comparison of the impacts of conventional development and the open space community plan to assist in making this determination (such as an overlay of conceptual development plans on a natural features map illustrating other site development options to demonstrate the impacts that have been minimized to the extent practical). If the cumulative impact creates or contributes to a significant problem relative to infrastructure demand or environmental degradation, mitigation shall be provided to alleviate the impacts associated with the open space community.

(7)

Township master plan. The proposed development shall be consistent with and further the implementation of the Township master plan.

(Zoning Ord. 2020, § 14.1.3, 1-5-2021)

A proposed open space community shall comply with the following:

(1)

Location. An open space community may be approved within any of the following zoning districts: RAA, RA, NR, or WFR.

(2)

Permitted uses. An open space community is generally restricted to single-family detached or attached residential dwellings.

a.

Unless modified by the planning commission following the standards herein, all residential dwellings shall meet the yard, lot width, and bulk standards required by article VI of this chapter, except that single-family attached dwellings may have zero side lot lines.

b.

If projects that qualify under the standards of section 36-427, a commercial or a multiple-family component may be allowed by the planning commission.

(3)

Dwelling density. The number of dwelling units allowable within an open space community project shall be determined through preparation of a parallel plan.

a.

The applicant shall prepare and present to the planning commission for review, a parallel design for the project that is consistent with state, county and Township requirements and design criteria for a tentative preliminary plat. The parallel plan shall meet all standards for lot size (as shown in the table in subsection (3)b of this section), lot width and setbacks as normally required under section 36-186, public roadway improvements and private parks, and contain an area which conceptually would provide sufficient area for stormwater detention. Lots in the parallel plan shall provide sufficient building envelope size without impacting wetlands regulated by the state. This design shall include all information as required by the guidelines adopted by the planning commission pursuant to section 36-449(a).

b.

The parallel plan shall be prepared with the following minimum lot areas. The parallel plan is only used to determine allowable density for an open space community project. The following parallel plan minimum lot areas incorporate a density bonus for qualifying open space community projects that meet all requirements of this chapter:

Underlying Zoning District Parallel Plan Minimum Lot Size
(square feet)

c.

The planning commission shall review the design and determine the number of lots that could be feasibly constructed and be economically viable following the parallel design. This number, as determined by the planning commission, shall be the maximum number of dwelling units allowable for the open space community project. The planning commission may grant an additional density bonus of up to 15 percent for exemplary projects that meet the conditions outlined in section 36-427.

(4)

Open space community plans not requiring public hearing (open space preservation). An open space community that results in the same number of lots as would be permitted under the existing zoning district and where 50 percent of the land area will remain open space, may be permitted by the planning commission following normal site plan review procedures outlined in article III of this chapter.

(5)

Water and sewer service. If there is public water or sewer service available to the site on which an open space community development is proposed, the planning commission may require connection into the system.

(6)

Base zoning regulations. Unless specifically waived or modified by the planning commission, all zoning ordinance requirements for the underlying zoning district, except for minimum lot area, and other Township regulations, shall remain in full force.

(7)

Regulatory flexibility.

a.

To encourage flexibility and creativity consistent with the open space community concept, departures from compliance with the standards provided for in this chapter, except for additional density bonuses, may be granted at the discretion of the planning commission as part of the open space community approval process. Such departures may be authorized on the condition that there are features, amenities or planning mechanisms deemed adequate by the planning commission designed into the project for the purpose of achieving the objectives intended to be accomplished with respect to each of the regulations from which a departure is sought. Any allowed deviations from zoning ordinance standards will require the applicant to provide substitute safeguards for each regulation for which there is noncompliance, in whole or in part, in the development plan.

b.

Any regulatory modification shall be approved through a finding by the planning commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. Regulatory modifications are not subject to variance approval of the zoning board of appeals. No part of an open space community plan may be appealed to the zoning board of appeals. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the open space community, provided such variance does not involve alterations to open space areas as shown on the approved open space community site plan.

c.

A table shall be provided on the site plan which specifically details all deviations from the established zoning area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this article. This specification should include ordinance provisions from which deviation are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought. Only those deviations consistent with the intent of this chapter shall be considered.

(8)

Open space requirements.

a.

All land within a development that is not devoted to a residential unit, an accessory use, vehicle access, vehicle parking, a roadway, an approved land improvement, or, if applicable, a commercial use, shall be set aside as common land for recreation, conservation, agricultural uses, or preserved in an undeveloped state. Grading in the open space shall be minimal, with the intent to preserve existing topography.

b.

An open space community shall maintain a minimum of 40 percent of the gross area of the site as dedicated upland open space held in common ownership. Such open space may be reduced to 30 percent for lower density projects as described in subsection (8)i of this section, except as noted in subsection (8)c of this section, any undeveloped land area within the boundaries of the site meeting the open space standards herein may be included as required open space. A minimum of 25 percent of the required open space shall be upland area exclusive of wetlands that is accessible to all residents of the open space community.

c.

Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of this article:

1.

The area of any street right-of-way.

2.

Any submerged land area.

3.

Any portion of the project used for commercial purposes.

4.

Golf course fairways and greens.

5.

The required setbacks surrounding a residential structure that is not located on an individual lot or condominium site.

d.

The common 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. The open space along the exterior public roads shall generally have a depth of at least 100 feet, either landscaped or preserved in a natural wooded condition. The open space along the exterior public roads shall be landscaped with a minimum of one evergreen tree or canopy tree for each 20 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into groupings to provide a natural appearance. Preservation of existing trees may be credited towards meeting the frontage landscaping requirement. The planning commission may require the provision of a planting berm at least three feet in height in addition to the plant materials required to further help to separate open space areas along the public right-of-way parallel to a major arterial.

e.

Connections with adjacent open space, public land or existing or planned pedestrian/bike paths may be required by the planning commission.

f.

The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the planning commission, such as:

1.

Recorded deed restrictions;

2.

Covenants that run perpetually with the land; or

3.

A conservation easement established pursuant to subpart 11 of part 21 of the Natural Resources and Environmental Protection Act, being MCL 324.2140 et seq. Such conveyance shall ensure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

(i)

Indicate the proposed allowable use of the dedicated open space. The planning commission may require the inclusion of open space restrictions that prohibit the following:

A.

Dumping or storing of any material or refuse;

B.

Activity that may cause risk of soil erosion or threaten any living plan material;

C.

Cutting or removal of live plant material except for removal of dying or diseased vegetation;

D.

Use of motorized off road vehicles;

E.

Cutting, filling or removal of vegetation from wetland areas;

F.

Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.

(ii)

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

(iii)

Provide standards for scheduled maintenance of the open space.

(iv)

Provide for maintenance to be undertaken by the Township of Hamburg 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 costs upon the property owners.

g.

Continuing obligation. The dedicated open space shall forever remain open space, subject only to uses approved by the Township on the approved site plan. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited. Open space may include golf course area, provided that it forever remains outdoor recreation or natural undeveloped land. This dedication shall be written and recorded with the development agreement and shall be in a format reviewed and approved by the Township Attorney.

h.

Allowable structures. Any structure or building accessory to a recreation, conservation or agriculture use may be erected within the dedicated open space, subject to the approved open space plan. These accessory structure or building shall not exceed, in the aggregate, one percent of the required open space area.

i.

Large lot open space. The planning commission has the discretion to allow lower density open space communities with larger lots and less open space. For these large lot open space communities, the required minimum open space area may be reduced from 40 percent to 30 percent where the total number of dwelling units, determined under this section, is reduced by at least ten percent.

(9)

Compatibility with adjacent uses. The proposed location of accessory uses or structures that are of a significantly different scale or character than the abutting residential districts, such as access drives, parking areas, solid waste pick-up points, swimming pools, tennis courts and facilities of a similar nature, shall not be located near the boundary of the development or so as to negatively impact the residential use of adjacent lands.

(10)

Transition areas. Where the open space community abuts a single-family residential district, the planning commission may require a transition area. Grading within the transition area shall be minimal unless needed to provide effective buffering or accommodate drainage. If the grade change adjacent to single-family residential is to be varied by more than three feet, the site plan shall include cross sections illustrating existing and proposed grades in relation to existing and proposed building heights. Perspective renderings from adjacent residential units are encouraged. The planning commissions may review the proposed transition area to ensure compatibility. The planning commission may require that the transition area consist of one or more of the following:

a.

A row of single-family lots or condominium sites similar to adjacent single-family development in terms of density, lot area, lot width, setbacks and building spacing.

b.

Woodlands, natural features or a landscaped greenbelt sufficient to provide an obscuring effect.

c.

Open or recreation space.

d.

Significant changes in topography which provide an effective buffer.

(11)

Architectural and site element design. Residential facades shall not be dominated by garages; at least 40 percent of residential units shall have side entry garages, garages to the rear of the main structure, alley loaded garages, or recessed garages where the front of the garage is at least five feet behind the front line of the living portion of the principal dwelling. The intent of encouraging rear yard, recessed or side entry garages is to enhance the aesthetic appearance of the development and minimize the aesthetic impact resulting from the close clustering of units allowed under these regulations.

Signage, lighting, entryway features, landscaping, building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and cohesive development, consistent with the character of the community, surrounding development, and natural features of the area. The planning commission may require street or site lighting where appropriate.

(12)

Access. Direct access onto a county road or state highway shall be required to an open space community. The nearest edge of any entrance or exit drive shall be located no closer than 200 feet from any existing street or road intersection (as measured from the nearest intersection right-of-way line). Open space communities shall also meet or exceed the access standards contained in sections 36-335 through 36-344. The requirements of this section may be waived or modified by the planning commission in accordance with subsection (7) of this section, upon a finding by the planning commission that safe and reasonable access cannot otherwise be provided in a manner that complies with the standards of this chapter, including the provisions specified above, and that proposed deviations from these ordinance standards will result in safe and reasonable access to the site. The planning commission may require the submission of a traffic impact study to document the conditions and circumstances that prevent compliance with these standards, and if so it shall be the burden of the applicant to demonstrate that safe and reasonable access is provided by the open space plan.

(13)

Internal roads. Internal roads within an open space community may be public or private.

a.

Construction of private roads as a means of providing access and circulation is encouraged. Private roadways within an open space community must meet the design requirements of the Township private road ordinance. The planning commission may modify these requirements, if all of the following findings are made:

1.

There is no potential for the road to connect with abutting land or be extended to serve additional land in the future.

2.

Significant natural features such as mature trees, natural slopes, wetlands or other water bodies would be preserved through allowing a modification to the private road standards.

b.

Where private roads are developed, a maintenance plan, including a means of guaranteeing maintenance assessments from the affected property owners, shall be reviewed and approved by the Township Planning Commission.

c.

Both sides of all internal roads shall be landscaped with street trees. For road frontages of individual lots or condominium sites, a minimum of two canopy trees shall be provided per dwelling. For sections of road that do not abut lots or condominium sites, one canopy trees shall be provided on each side for every 50 feet of road. Existing trees to be preserved within five feet of the road right-of-way or easement may be credited towards meeting this requirement.

(14)

Pedestrian circulation. The open space community plan shall provide pedestrian access to all open space areas from all residential areas, connections between open space areas, public thoroughfares, and connections between appropriate on- and off-site uses. Trails within the open space community may be constructed of gravel, woodchip or other similar material, but the planning commission may require construction of eight-foot-wide asphalt bike paths through portions of the development or along the any public right-of-way abutting the open space community. The planning commission may require the construction of sidewalks for open space communities within the area included in the Township village center master plan. Locations for school bus stops shall be provided on the site plan.

(15)

Natural features. The development shall be designed to promote the preservation of natural features. If animal or plant habitats of significant value exist on the site, the planning commission, as a condition of approval, may require that the open space community plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas. The planning commission may also require that the project meets the natural features setback requirements of section 36-293.

(16)

Existing structures. When a tract contains structures or buildings deemed to be of historic, cultural or architectural significance, as determined by the planning commission, and if suitable for rehabilitation, the structures shall be retained. Adaptive reuse of existing structures for residential use or permitted accessory residential uses shall be permitted.

(Zoning Ord. 2020, § 14.1.4, 1-5-2021)

The planning commission may allow an exemplary open space community to include one or more of the following optional provisions. In order to qualify for an optional provision, the applicant must demonstrate, to the satisfaction of the planning commission, that the proposed project exceeds the minimum standards for open space community eligibility under section 36-425. In order to qualify for development under the optional provisions of this section, all structures within the project, including single-family dwellings, shall be subject to architectural review by the planning commission. Buildings shall provide harmony with adjacent uses in terms of texture, materials, peaked rooflines and massing, but there shall be a variation of front facade depth and rooflines to avoid monotony. Building elevations shall be required for all structures.

(1)

Density bonus. An additional density bonus between one percent and up to 15 percent may be allowed at the discretion of the planning commission, based upon a demonstration by the applicant of design excellence in the open space community. In order to qualify for a density bonus, the open space community must be served by public sanitary sewer and have a minimum of 60 percent open space. An additional density bonus no greater than 15 percent may be granted for an exemplary project.

a.

Calculation of additional density bonus based on the additional percentage allow by the planning commission up to 15 percent. See the following examples:

If the parallel plan under section 36-426 allows for 100 homes and the planning commission make a determination based on the criteria in this section that the project should receive an additional density bonus for an exemplary project of five percent, ten percent, or 15 percent as examples than for a project that is allowed 100 homes under section 36-426 would be allowed an addition (100 times 0.05=5) 5, (100 times 0.10=10) 10 or (100 times 0.15=15) 15 homes, respectively.

b.

To receive an additional density bonus under this section a qualifying project shall include at least one of the following elements. The planning commission may base the percentage of the bonus, between one percent and 15 percent, on the number of elements that are integrated into the project design and the benefit or impact the element/elements will provide to the Township.

1.

Inclusion of an integrated mixture of housing types. These housing types may include duplexes, single-family attached dwellings, accessory dwelling units, homes designed to front on common open space areas, homes with access from alleys, homes with a wide range of sizes include smaller more affordable homes and other innovative designs and housing types.

2.

Providing perimeter transition areas around all sides of the development that are at least 150 feet in depth.

3.

Utilization of sustainable design elements. These elements may include green infrastructure, energy (solar, energy efficient structure orientation, etc.) and water (low flow water fixtures, grey water tanks, rain barrels, etc.) efficient design practices, limiting impervious surfaces, access to alternative transportation options, and other sustainable design elements.

4.

Include amenities within the project. These amenities should be easily accessed by the residents of the development, connect the project to surrounding developments and open to everyone within the Township. Amenities may include parks, recreational facilities (playground structure, tot lots, pools, sports courts, picnic areas or similar type improvements.), common buildings (such as pool houses, club houses, gazebos, covered pavilions) trails and other amenities that may be a benefit to the community.

5.

A minimum of ten percent of the units shall meet the International Code Council Accessibility Standards for Type B units.

6.

A minimum of ten percent of the housing meets the housing and urban development definition of affordable housing.

7.

The sewer systems are gravity fed.

8.

Public water is provided.

9.

Cleanup of site contamination.

10.

Other similar elements as determined by the planning commission.

(2)

Multiple-family component. In an open space community with a gross area of 15 acres or more, up to 50 percent of the dwelling units may be other than single-family dwellings. Such units shall meet the following design standards:

a.

Front yard. The minimum building setback from an internal road shall be 25 feet from the public street right-of-way or private road easement. The planning commission may reduce the setback based upon a determination that off-street parking will be adequate, and that the modification will preserve natural features or that the rear yard buffer will be increased by one foot for each one foot of reduction in the front yard setback. In no instance shall the front yard setback be reduced below a minimum of 15 feet. Buildings that front on two streets must provide the required front yard setback from both streets.

b.

Rear yard. A 35-foot rear yard shall be maintained for all buildings. Where the rear of a building abuts the side or rear of another residential structure, the minimum spacing between the structures shall be the combined total of the two setback requirements.

c.

Side yards. A ten-foot setback shall be maintained to the side of all residential buildings. Where two buildings are located side-by-side, a 35-foot spacing shall be maintained between apartment buildings.

d.

Off-street parking lots. Off-street parking lots serving three or more dwelling units shall provide a ten-foot-wide open green space area around the perimeter of the parking lot.

e.

Building setback requirements. The building setback requirements may be varied provided they are specifically indicated on the open space community plan and the planning commission determines the variation does not negatively impact adjacent properties and provides a recognizable benefit. Building setback requirements on the perimeter of the development shall not be reduced below 35 feet.

(3)

Commercial component. An open space community with a gross area of 50 acres or more may incorporate a commercial land use component, provided that all of the following are met:

a.

The commercial component shall be located on a lot of sufficient size to contain all commercial structures, parking, and landscape buffering. The total area occupied by the commercial land uses may not exceed five percent of the gross area of the open space community or five acres, whichever is less.

b.

All commercial uses shall be compatible with the residential area.

c.

The planning commission finds that the architectural design of the structures is compatible with the balance of the development.

d.

All commercial structures are connected to a pedestrian access system servicing the project.

e.

Vehicular access is available only from an access drive to the open space community that connects directly with M-36.

f.

If a proposed project cannot provide direct access to M-36, the planning commission may approve a commercial land use component for an open space community project located on any paved county thoroughfare, subject to:

1.

A special land use hearing on the location of the use being held prior to consideration by the planning commission. The hearing shall be conducted according to the procedures stated in section 36-36(b); and

2.

The planning commission making the finding that the overall site layout, including the architectural design and the vehicular circulation pattern, is:

(i)

Compatible with the surrounding land uses; and

(ii)

Will not have a significant detrimental effect on the character of surrounding residential uses.

g.

All parking and loading areas serving the commercial uses shall be to the rear or side of the structure and fully screened from view of any public roadway, except that the planning commission may allow up to 25 percent of the minimum number of required parking spaces in the front yard. Where the parking lot is visible from residential units or open space, it shall be planted with a landscape buffer consisting of evergreen trees spaced no more than 15 feet on center.

h.

The allowable commercial uses within such an area shall be recorded as a deed restriction on the property and shall be restricted to the following:

1.

Food and beverage stores for the sale of groceries, fruit, meat, baked goods, dairy products, beverages and liquor.

2.

Personal service establishments such as barbershops, beauty salons, laundry pick-up, and similar uses.

3.

Childcare centers.

4.

Offices for the professions or occupations of doctor, dentist, attorney, engineer, accountant, architect, financial consultant or broker, publisher, real estate broker, secretarial services, and similar uses as determined by the planning commission, may be permitted, subject to findings by the planning commission that a use is consistent with the intent of this section and provides no significant negative impact on the open space community project or other surrounding land uses.

i.

No structure within the commercial land use component of an open space community shall be occupied without a valid certificate of occupancy from the Township.

1.

A request for a certificate of occupancy for a commercial structure within an open space community shall be reviewed by the zoning administrator to ensure compliance with this section.

2.

A certificate of occupancy may be approved only for uses identified in subsection (3)(h) of this section. Approval shall not be granted to a use that is inconsistent with the intent and/or requirements of this section.

3.

The initial certificate of occupancy for a commercial structure or portion of a commercial structure within the open space community shall not be approved until 50 percent of the physical improvements related to the residential components of the total open space community plan are complete, notwithstanding an approved schedule for project phasing.

4.

A certificate of occupancy may be revoked by action of the zoning administrator, if a use is conducted in a manner that does not comply with the intent of this section and/or any other requirements of this chapter.

(Zoning Ord. 2020, § 14.1.5, 1-5-2021)

In considering any application for approval of an open space community site plan, the planning commission shall make their determinations on the basis of the standards for site plan approval set forth in article III of this chapter, as well as the following standards and requirements:

(1)

Compliance with the open space community concept. The overall design and land uses proposed in connection with an open space community shall be consistent with the intent of the open space community concept, as well as with specific design standards set forth herein.

(2)

Compatibility with adjacent uses. The proposed open space community plan shall set forth in detail, all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design features that exhibit due regard for the relationship of the development to surrounding properties, the character of the site, and the land uses. In determining whether this requirement has been met, consideration shall be given to:

a.

The bulk, placement, and materials of construction of proposed structures.

b.

Pedestrian and vehicular circulation.

c.

The location and screening of vehicular use or parking areas.

d.

The provision of landscaping and other site amenities.

(3)

Impact of traffic. The open space community shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses.

(4)

Protection of natural environment. The proposed open space community shall be protective of the natural environment. It shall comply with all applicable environmental protection laws and regulations.

(5)

Compliance with applicable regulations. The proposed open space community shall comply with all applicable federal, state, and local regulations.

(6)

Township master plan. The proposed open space community shall be consistent with and further the implementation of the Township master plan.

(7)

Conditions. Reasonable conditions may be required with the special approval of an open space community, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and further the implementation of the Township master plan. Conditions imposed shall be designed to protect natural resources, and the public health, safety and welfare of individuals in the project, those immediately adjacent and the community as a whole; shall be reasonably related to the purposes affected by the open space community; shall be necessary to meet the intent and purpose of this chapter and implement the Township master plan; and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the record of the special approval.

(Zoning Ord. 2020, § 14.1.6, 1-5-2021)

(a)

It is the intent of this section and sections 36-430 to 36-433 to offer an alternative to traditional single-family detached or attached housing developments through the use of planned unit development legislation as authorized by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended for the purpose of:

(1)

Encouraging the construction of more attainable single-family residential detached or attached dwelling units utilizing public sewer and common water supply systems;

(2)

Offering an alternative to multifamily residential developments in order to provide attainable housing in a small scale, less dense neighborhood setting;

(3)

Encouraging the clustering of detached or attached single-family dwelling units to promote the safety and security of the residents.

(b)

This section is not intended as a device for circumventing the zoning regulations of the Township, the standards set forth therein, nor the planning concepts upon which this chapter has been based.

(c)

These regulations are intended to result in a specific development substantially consistent with zoning ordinance standards yet allow for modifications from the general standards.

(Ord. of 8-20-2024)

Editor's note— Ord. of Aug. 20, 2024, repealed the former § 36-429, and enacted a new § 36-429 as set out herein. The former § 36-429 pertained to Elderly Cottage Housing Opportunity (ECHO) Planned Unit Development; intent and derived from Zoning Ord. 2020, § 14.2.1, adopted Jan. 5, 2021.

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:

Cottage Housing Opportunity community means land occupied or to be occupied by units and accessory buildings permitted herein, together with such open spaces as are required under this chapter and having its principal frontage upon a street.

Cottage Housing Opportunity unit means a single-family residential dwelling unit with full facilities for residential self-sufficiency in each individual dwelling unit.

(Ord. of 8-20-2024)

Editor's note— Ord. of Aug. 20, 2024, repealed the former § 36-430, and enacted a new § 36-430 as set out herein. The former § 36-430 pertained to similar subject matter and derived from Zoning Ord. 2020, § 14.2.2, adopted Jan. 5, 2021.

A Cottage Housing Opportunity community may be located in the following zoning districts:, RA, RB, PPRF, NS, CS, VC, VR, or MD, or WFR provided the development does not have riparian rights (i.e., does not have shoreline along a lake or river).

(Zoning Ord. 2020, § 14.2.3, 1-5-2021; Ord. of 8-20-2024)

Cottage Housing Opportunity community housing shall meet the following criteria:

(1)

On-site public sewage disposal and common water supply. On-site public sewer and common water must be approved by the Livingston County Health Department.

(2)

Cottage Housing Opportunity community size. No fewer than four units nor more than 20 units shall be permitted per community.

(3)

Acreage and density requirements. Cottage Housing Opportunity community development may be approved upon any residentially zoned land with density as permitted below:

(4)

Unified control. The Cottage Housing Opportunity community shall be initially under single ownership or control, so there is a single person, entity or condominium having proprietary responsibility for the development of the Cottage Housing Opportunity community as evidenced by a title company licensed to do business in Michigan. In the event, all or any portion of the development changes ownership or control prior to completion of the project, the terms and conditions of this Planned Unit Development shall be binding on any successor owner of all or any portion of the property.

(5)

Guarantee of open/common space. At least 15 percent of the total site area shall be reserved as open space. This open space shall be held in common ownership by all residents of the Cottage Housing Opportunity community. This open space shall be utilized for recreation facilities such as picnic areas, walking trails or other open space uses which provide residents the opportunity to enjoy the natural features of the site. The open space shall be configured to be integrated with the individual units and maximize the proximity of each housing unit to natural open space. If the open space is close and accessible for residents of all individual units, it need not be owned in common. A guarantee to the satisfaction of the Township Planning Commission that all open/common space portions of the development will be maintained in the manner approved shall be provided. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the land uses continue as approved in the Cottage Housing Opportunity community plan.

(6)

Area, height, bulk and layout regulations.

(7)

Attached units. No more than four units shall be attached in a single structure.

(8)

Garages. Detached garages can be located no more than 100 feet of walking distance from the unit which it serves.

(9)

Porches. Each unit shall have at least one covered porch.

(10)

Common area. Each Cottage Housing Opportunity community which contains five or more units shall have a common area.

(11)

Storage sheds. Any storage sheds shall be so designed as to have the same roof pitch and architectural style as the units in the development. Storage sheds may be linked so as to have common walls; however, each shed must have its own private, lockable access door. The dimensions of any shed servicing a unit shall conform to other size provisions of this chapter.

(12)

Roads. The Cottage Housing Opportunity community shall have paved access designed and constructed to AASHTO standards and shall provide adequate access for emergency vehicles.

(13)

Parking requirements. The parking standards for a community shall be two spaces per unit. Each parking space shall have a minimum size of 162 square feet (nine feet by 18 feet) and may be located on-site.

(14)

Construction drawings required. Scaled floor plan and building elevation drawings shall be presented for each unit within the community that has a different interior layout and square footage of living space.

(15)

Sidewalks and access ramps. All pedestrian circulation walkways and sidewalks shall be hard-surfaced with either asphalt, concrete or brick paving.

(16)

Design compatibility. The exterior of each unit shall be compatible in terms of architectural design, materials and color with the residential structures in the immediate neighborhood within 300 feet of the development parcel or lot. However, all housing units shall be a minimum of 14 feet wide at their least horizontal dimension and attached to a permanent foundation. The roof pitch of a unit shall be at least a 4:12 pitch. Accessory buildings for a unit, such as a detached garage and shed, shall also conform to the minimum roof pitch and be architecturally compatible with the design and style of the unit. Compatibility of design shall be decided by the planning commission.

(17)

Waiver of standards. The planning commission is hereby empowered to waive site design standards and development area requirements if public health and safety are not compromised. The planning commission is further empowered to specify conditions in issuing any special use permits as may be required.

(Zoning Ord. 2020, § 14.2.4, 1-5-2021; Ord. of 8-20-2024)

In considering any application for approval of an Cottage Housing Opportunity community site plan, the planning commission shall make their determinations on the basis of the standards for site plan approval set forth in article III of this chapter, as well as the following standards and requirements:

(1)

Compliance with the Cottage Housing Opportunity concept. The overall design and land uses proposed in connection with an Cottage Housing Opportunity community shall be consistent with the intent of the Cottage Housing Opportunity concept, as well as with the specific design standards set forth herein.

(2)

Compatibility with adjacent uses. The proposed Cottage Housing Opportunity community site plan shall set forth in detail, all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views and other design features that exhibit due regard for the relationship of the development to surrounding properties, the character of the site, and the land uses. In determining whether this requirement has been met, consideration shall be given to:

a.

The bulk, placement, and materials of construction of proposed structures.

b.

Pedestrian and vehicular circulation.

c.

The location and screening of vehicular use or parking areas.

d.

The provision of landscaping and other site amenities.

(3)

Protection of natural environment. The proposed Cottage Housing Opportunity community shall be protective of the natural environment. It shall comply with all applicable environmental protection laws and regulations.

(4)

Common area and unit maintenance. The Cottage Housing Opportunity community shall include in the master deed, community bylaws or covenant provisions, as applicable for the maintenance of the common open space, including landscaping maintenance, snow removal and repairs to building exteriors, in a form approved by the Township Attorney.

(5)

Compliance with applicable regulations. The proposed Cottage Housing Opportunity community shall comply with all applicable federal, state and local regulations.

(6)

The planning commission may base its action on experience with and competition from similar developments in the area.

(Zoning Ord. 2020, § 14.2.5, 1-5-2021; Ord. of 8-20-2024)

Editor's note— Ord. No. 2025.Z.002, adopted Feb. 4, 2025, repealed § 36-434, which pertained to cottage housing planned unit development (CHPUD); intent and derived from Zoning Ord. 2020, § 14.3.1, adopted Jan. 5, 2021.

Editor's note— Ord. No. 2025.Z.002, adopted Feb. 4, 2025, repealed § 36-435, which pertained to definitions and derived from Zoning Ord. 2020, § 14.3.2, adopted Jan. 5, 2021.

Editor's note— Ord. No. 2025.Z.002, adopted Feb. 4, 2025, repealed § 36-436, which pertained to zoning and derived from Zoning Ord. 2020, § 14.3.3, adopted Jan. 5, 2021.

Editor's note— Ord. No. 2025.Z.002, adopted Feb. 4, 2025, repealed § 36-437, which pertained to development design criteria and derived from Zoning Ord. 2020, § 14.3.4, adopted Jan. 5, 2021.

Editor's note— Ord. No. 2025.Z.002, adopted Feb. 4, 2025, repealed § 36-438, which pertained to project standards and derived from Zoning Ord. 2020, § 14.3.5, adopted Jan. 5, 2021.

(a)

The intent of the general planned unit development in this section and sections 36-440 to 36-442 is to permit, with Township approval, private or public development which is substantially in accordance with the goals and objectives of the Township master plan which and the Township village center master plan, which may be amended from time-to-time.

(b)

The development permitted under this section and sections 36-440 through 36-450 shall be considered as an optional means of development. The availability of the option imposes no obligation on the Township to encourage or foster its use. The decision to approve its use shall be at the sole discretion of the Township. Consequently, in this section, the development opportunities made available under this section may be referred to as the GPUD.

(c)

A GPUD is intended to permit regulatory flexibility to achieve development that is in accord with the Township's master plans; to achieve economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities; to encourage the creation of useful open space particularly suited to the proposed development and parcel on which it is located; and to provide appropriate housing, employment, services and shopping opportunities to satisfy the needs of residents of the Township of Hamburg.

(d)

It is further intended that the development of a GPUD be laid out so that proposed uses, buildings, and site improvements relate to each other and to adjoining existing and planned uses in such a way that they will be compatible, with no material adverse impact of one use on another.

(e)

The GPUD option is further intended to permit reasonable development or use of parcels of land that were subdivided and/or developed prior to adoption of the ordinance from which this chapter is derived, or amendment thereto, and which would otherwise be restricted from development or use because of existing or resulting nonconformities.

(Zoning Ord. 2020, § 14.4.1, 1-5-2021)

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:

General planned unit development means a specific parcel of land or several contiguous parcels of land, which has been, is being, or will be developed in accordance with a site plan approved by the Township Board, following a recommendation from the planning commission, where the site plan meets the requirements of this section, proposing permitted land uses, density patterns, a fixed system of streets (where necessary), provisions for public utilities, drainage and other essential services and similar features necessary or incidental to development.

Underlying future land use means the future land use designation identified in the Township master plan, or the village center master plan, which the Township Planning Commission has determined is applicable to a parcel of land that is proposed to be developed in accordance with the general planned unit development regulations.

Underlying zoning means the zoning classification assigned in the Hamburg Township zoning ordinance to a parcel of land that is proposed to be developed in accordance with the general planned unit development regulations.

(Zoning Ord. 2020, § 14.4.2, 1-5-2021)

(a)

Location. A GPUD shall only be created on development sites within the Township which have a portion of the property located within the NS Neighborhood Service, CS Community Service, MD Mixed Use Development, VR Village Residential, or VC Village Center zoning districts.

(b)

Size. A GPUD shall only be created on development sites one acre in area or greater.

(c)

Permitted uses.

(1)

Uses that are listed as permitted uses or special uses in the underlying zoning district or uses identified in the underlying future land use category of the Township master plans may be permitted in a GPUD development. Expansion of or renovation to a building containing a use that is not listed as a permitted use or special use may be permitted by the planning commission upon making the determination that:

a.

The use has operated and will continue to operate in a manner that is compatible with surrounding and nearby land uses;

b.

The proposed expansion or renovation will not impair the efforts of the Township and property and business owners and residents to further the goals and objectives of the Township master plans; and

c.

The proposed expansion or renovation will have a recognized and substantial beneficial impact as a result of improved building design, site improvements that are consistent with project standards set forth in section 36-442 and the Township master plans, improved traffic and transportation patterns or other benefits.

(2)

Uses that are listed as permitted uses or special uses in the VC Village Center Zoning District may be permitted in the GPUD, with the exception that residential uses as described in the VC Village Center shall not be permitted in a GPUD located outside the VC Village Center or VR Village Residential zoning districts. Upon the determination that the inclusion of residential uses shall aid the GPUD in meeting the project standards stated in section 36-442, residential uses shall comply with the density requirements of the underlying zoning district or master plan designation.

(3)

The Township Board shall make the final determination, based on the recommendation of the planning commission, as to whether a specific use may be permitted in the CGPUD subject to compliance of the proposed uses with the project standards of section 36-442 and approval of a site plan, pursuant to the review procedures in sections 36-444 through 36-450.

(d)

Regulatory flexibility.

(1)

A GPUD proposal shall comply with the height, bulk, density, and setback standards of the underlying zoning district except as specifically modified and noted on the GPUD site plan. Uses listed as special uses shall be subject to applicable height, bulk, density, area and use standards in section 36-36, unless such standards are modified and noted on the GPUD site plan.

(2)

The Township Board may approve modification or waiver of one or more standards of the underlying district or standards for special uses, after reviewing the recommendation of the planning commission, upon making the determination that any such modification or waiver would be consistent with the land use goals and objectives of the Township and the intent of this section, and upon making the determination that the modification or waiver would be appropriate because of the particular design and orientation of buildings and uses. Any regulatory modification shall be approved by the Township Board based upon a finding by the planning commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. Regulatory modifications are not subject to variance approval of the zoning board of appeals. No part of a GPUD plan may be appealed to the zoning board of appeals.

(3)

A table shall be provided on the site plan which specifically details all deviations from the established zoning area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this GPUD section. This specification should include ordinance provisions from which deviation are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought. Only those deviations consistent with the intent of this chapter shall be considered.

(Zoning Ord. 2020, § 14.4.3, 1-5-2021)

In considering any application for approval of a GPUD site plan, the planning commission shall make their determinations on the basis of the standards for site plan approval set forth in article III of this chapter, as well as the following standards and requirements:

(1)

A GPUD shall promote the goals and objectives of the Township master plan, and village center master plan. Including the intent and guidelines related to site design as stated in the transportation section of the master plan, and the village design chapter of the Hamburg Township village center master plan, where applicable. Along with other appropriate site design standards, guidelines, and principles, the following site development elements shall also be reviewed for consistency with the applicable guidelines of the master plan and the village center master plan:

a.

Sidewalks/pedestrian circulation.

b.

Parking/loading areas.

c.

Architecture.

d.

Signs.

e.

Street and access design.

f.

Lighting.

g.

Landscaping.

(2)

A GPUD shall result in a higher quality of development than could be achieved under conventional zoning.

(3)

A GPUD shall not be created in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards without the need for variances.

(4)

A GPUD may be created only when the proposed land use will not add public service and facility loads beyond those contemplated in the master plan or other applicable plans or policies of the Township unless the applicant can demonstrate to the sole satisfaction of the Township Board that such added loads will be accommodated or mitigated by the proponent as part of the GPUD or by some other means deemed acceptable to the Township Board.

(5)

Creation of a GPUD shall establish land use patterns which are compatible with and protect existing or planned use. The use of the GPUD option shall not be for the purpose of avoiding applicable zoning requirements of the underlying zoning district.

(6)

A GPUD shall not be allowed solely as a means of increasing the density or intensity of development.

(7)

A GPUD shall improve the appearance of the Township through quality building design and site development, the provision of trees and landscaping consistent with or beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements.

(Zoning Ord. 2020, § 14.4.4, 1-5-2021)

The following outlines the procedures and requirements which must be followed for all PUD development to receive approval under this article. Prior to all scheduled planning commission or Township Board meetings, the applicant shall submit ten copies of the completed site plan with the zoning administrator at least 21 days prior to the planning commission or Township Board meeting at which the site plan is to be considered. The zoning administrator shall determine the number of plans the applicant shall provide prior to any scheduled preapplication meeting.

(Zoning Ord. 2020, § 14.5, 1-5-2021)

An optional preapplication conference can be held with Township Staff including Township Planner and Township Engineer as determined by the zoning administrator to review applicability of the PUD ordinance to the proposed site and uses.

(Zoning Ord. 2020, § 14.5.1, 1-5-2021)

The applicant may submit a draft site plan for the optional conceptual review by the planning commission. The draft site plan shall include as much detailed information as needed for the applicant to convey to the planning commission how the applicant would like to utilize the site. Information should include potential building locations, vehicular parking areas, types of uses, road layouts, if applicable, and setbacks from property lines. The conceptual review allows the applicant to present the proposed project to the planning commission, at an early stage in the development process, prior to formal submittal of the project. This process allows the developer to receive comments and feedback from the planning commission based on the information submitted. No formal action is taken by the planning commission at this time.

(Zoning Ord. 2020, § 14.5.2, 1-5-2021)

(a)

The applicant prepares and submits a preliminary site plan. The preliminary PUD site plan shall contain enough detail to explain the proposed uses, relationship to adjoining parcels, vehicular and pedestrian circulation patterns, open spaces and landscape areas, and building density or intensity. The planning commission shall conduct a public hearing in accordance with section 36-36(b)(2). Following the public hearing, the planning commission gives direction to the applicant. The plan is revised, if necessary. The planning commission then takes action to recommend approval or denial of the preliminary PUD site plan to the Township Board based upon the preliminary PUD site plan meeting the eligibility requirements as outlined in this article. A recommendation of approval for the preliminary PUD site plan shall be accompanied by a description of the minimum conditions under which the proposal will be considered for final approval. In describing such conditions, the planning commission may identify specific requirements or standards in this chapter which could be waived or modified upon approval of the final PUD site plan.

(b)

The Township Board shall consider the planning commission recommendation and public hearing comments and shall take action to approve, deny or remand the preliminary PUD site plan back to the planning commission for further review.

(Zoning Ord. 2020, § 14.5.3, 1-5-2021)

(a)

The applicant shall submit a final PUD site plan which contains all information required for site plan review under section 36-73(6) and approvals from all appropriate county, state and federal agencies, including, but not limited to, the county road commission, county drain commissioner, county health department and the Michigan Department of Transportation.

(b)

The planning commission shall review the submitted final PUD site plan to ensure compliance with all standards and criteria of the Hamburg Township zoning ordinance, the master plan, village center master plan, and the Southeast Livingston County Greenways Plan where applicable. The planning commission then shall take action to recommend approval or denial of the final PUD site plan to the Township Board based upon compliance with the above referenced standards.

(c)

Upon receipt of the report and recommendation of the planning commission, the Township Board shall review all findings. If the Township Board determines that approval would be appropriate, it shall work with the application and the Township Attorney to prepare a development agreement setting forth the conditions upon which such approval is based. Such conditions shall include, where appropriate, identification of the phases and timetable for development, and an estimate of the costs of implementing each phase.

(d)

After approval by resolution of the Township Board, the development agreement shall be executed by the Township and the applicant and recorded in the county records. Approval shall be granted only upon the Township Board determining that all qualification requirements, conditions of approval, and provisions of this and other Township ordinances have been met, and that the proposed development will not adversely affect the public health, welfare and safety. Approval shall further be subjected to the condition that the contract will be properly recorded.

(e)

Approval of a PUD site plan shall be effective upon recording the contract and filing proof of recording with the Township Clerk.

(f)

Once an area has been included, within the boundaries of an approved PUD, no development may take place in the PUD except in accordance with the Township Board-approved PUD site plan.

(g)

Prior to any development within the area involved, an approved PUD site plan may be terminated by the applicant or the applicant's successors or assigns, by filing with the Township and recording in the county records an affidavit so stating. The approval of the plan shall terminate upon such recording.

(h)

No approved plan shall be terminated after development commences except with the approval of the Township Board and of all parties having an equity interest in the land.

(Zoning Ord. 2020, § 14.5.4, 1-5-2021)

(a)

General application requirements. The application for approval of a PUD shall be made according to procedures and guidelines adopted by resolution of the planning commission. The required materials shall be submitted to the Township Zoning Administrator with all required fees.

(b)

Effect of approval. Approval of a PUD proposal shall not require, nor shall it be construed as an amendment to this chapter. All improvements and uses of the site shall be in conformity with the approved site plan and comply fully with any conditions.

(c)

Recording of action. The applicant shall record a development agreement with the register of deeds containing the full legal description of the project site, specifying the date of final Township approval, and declaring that all improvements will be carried out in accordance with the approved PUD plan unless an amendment is adopted by the Township. In addition, all deed restrictions and easements shall be duly filed with the register of deeds of the County and copies of recorded documents presented to the Township.

(d)

Land use permit. Following final approval of the PUD site plan and final approval of the engineering plans by the Township Engineer, a land use permit may be obtained. It shall be the responsibility of the applicant to obtain all other applicable Township, county, state or federal permits.

(e)

Initiation of construction. If construction has not commenced within 24 months of final approval, all Township approvals become null and void. The applicant may apply in writing to the planning commission for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

(f)

Continuing adherence to plan. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this chapter and shall be subject to the penalties for same.

(g)

Performance guarantee. The planning commission may require a performance guarantee, in accordance with this chapter.

(h)

Scheduled phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the project and the residents of the surrounding area.

(i)

Timing of phases. Each phase of the project shall be commenced within 24 months of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the plan shall become null and void, subject to the requirements of subsection (e) of this section.

(Zoning Ord. 2020, § 14.5.5, 1-5-2021)

(a)

General revisions. Approved plans for a PUD may be revised in accordance with the procedures set forth in section 36-444.

(b)

Minor modifications. Minor modifications to an approved PUD plan may be permitted following normal site plan review procedures outlined in sections 36-77 and 36-78 subject to the finding of all of the following:

(1)

Such modification will not adversely affect the initial basis for granting approval;

(2)

Such minor modification will not adversely affect the overall PUD in light of the intent and purpose of such development as set forth in this article; and

(3)

Such modification shall not result in the reduction in the benefits and amenities the PUD provides to the community.

(Zoning Ord. 2020, § 14.5.6, 1-5-2021)