The provisions of this article provide enabling authority and standards for submission, review, and approval of an application for a planned residential development which, for purposes of this chapter, shall be a special form of planned unit development, distinct from the PUD authorized under article VII of this chapter. Classification of property under this article shall require a legislative enactment to amend the zoning ordinance so as to classify particular property planned residential district. An intent of this article is to complement the resource protection overlay district set out in section 32-159, by providing a flexible land development tool to better implement the township master plan. This article is also intended to ensure the use of land in a manner that encourages the preservation of large areas of open space, protects valuable natural resources of the township identified in the master plan, and promotes the development of housing that is enhanced by the inclusion of open space and active and/or passive recreation planned as an accessory part of the development.

(Ord. of 6-20-2000, § 15.0)

To qualify for approval under this article, the applicant must make a clear demonstration of all of the following:

(1)

The property shall be situated in the AGRE, agricultural residential zoning district.

(2)

The applicant shall demonstrate that the project can be achieved without public sewer and water services.

(3)

When completed, the development shall have a minimum of 40 percent of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted for use for active and/or passive outdoor recreational purposes harmonious with peaceful, single-family residential uses in and surrounding the development. Such open space shall not consist of public/private rights-of-way, yard areas adjacent to buildings, nor individual lots. In addition, open space shall not include submerged lands. Wetlands may be included in the required open space.

(4)

The development shall not result in an unreasonable burden upon public services and/or facilities in relation to the burden which would be imposed if the land were developed and used for a use permitted as of right in the AGRE zoning district at the time of making application for rezoning to PRD district.

(5)

The development shall not impose an unreasonable burden upon the subject and/or surrounding properties, taking into consideration economic, environmental, aesthetic, traffic, noise and other applicable and relevant planning and/or engineering considerations.

(6)

The development shall not be likely to unreasonably impair or destroy the air, land, water, or other natural resources, and shall comply with section 32-159 regarding the resource protection overlay district, if applicable.

(7)

The development shall be consistent with the public health, safety and general welfare.

(8)

The development shall be consistent with the land use goals, policies, and objectives as expressed in the township master plan, and shall be consistent with the intent and spirit of this article.

(9)

The development shall be under single ownership and/or control such that there is a single person or entity having responsibility for completing the project in conformity with this article. This subsection shall not prohibit a transfer of ownership and/or control upon due notice to the zoning administrator, provided, however, if such a transfer occurs prior to completion of the project, such transfer must be made to a single person or entity having responsibility for completing the project in conformity with this article.

(Ord. of 6-20-2000, § 15.1)

(a)

The principal permitted use in this district shall be for single-family residential dwellings, with a maximum density as determined by section 32-314(a). Such residential dwellings shall be detached units. The township may allow up to 25 percent of the total number of units to be attached by way of common walls, if such allowance demonstrates additional preservation of open space, material benefit to the community, and adds quality aesthetic value to the development as a whole.

(b)

Accessory uses which are customarily associated with single-family residential uses shall be permitted, including attached garages.

(c)

In addition, accessory recreational use and/or open space shall be permitted, including passive open space and recreational usage, and including active recreational usage, such as golf club use, which does not result in off-site impact of noise, traffic or other impacts materially beyond the off-site impacts customarily expected in the surrounding area, taking into consideration land usage and zoning classification in such surrounding area.

(Ord. of 6-20-2000, § 15.2)

(a)

The township board shall review the proposed development, after recommendation of the planning commission, based upon the following design standards:

(1)

The density of residential units in the overall development shall be based on a density plan. The density plan shall include the number of dwelling units customarily developable in the underlying AGRE zoning district, developed with a conventional layout and all applicable ordinances and laws observed. In order to calculate density with a conventional subdivision or site condominium layout, the applicant shall submit a concept site plan of the property with a conventional layout. The plan shall indicate the topography of the site at two-foot contour intervals and the limits of all floodplains, water bodies, wetlands, easements, and other areas which would be set aside and preserved due to impracticality, economic unfeasibility, contractual prohibition, or based upon applicable law or ordinance. In addition, the concept plan with the conventional layout shall include the general street pattern and lot configurations. In general, the plan shall be drawn with sufficient detail to permit the planning commission to determine the density which would be achieved by conventional development.

(2)

The township may allow up to a 50 percent density increase from the number of dwelling units developed in the conventional plan based on one or more of the following criteria:

a.

The preservation of the required open space under this article results in significant protection and conservation of sensitive natural features in the township.

b.

The development is sensitive to and preserves connections between vital resource conservation and natural features by avoiding the fragmentation of such features. An illustration of connections between primary township natural features is represented by the resource conservation designation on the township land use plan.

c.

The project demonstrates compliance with the resource conservation overlay district, whether it applies to the project or not.

d.

The project will result in a material community benefit.

e.

In excess of 50 percent open space is preserved.

(3)

All regulations applicable to lot width, setbacks, and area, shall be as set forth in this chapter for the R-1 district regulations. Deviations with respect to such regulations, as well as the minimum floor areas required by section 32-135, may be granted as part of the overall approval of the planned residential development, provided there are features or elements deemed adequate by the township board which are designed into the project that achieve the objectives of this article. Such features may include considerable open space, exemplary protection of natural features, recreational features providing significant community benefit, or other similar elements.

(4)

The development shall be designed so as to promote preservation of natural resources and natural features. The development shall further be subject to and demonstrate compliance with section 32-159, regarding the resource protection overlay district, if both the following criteria apply:

a.

The property is indicated on the township zoning map, entirely or in part, as AGRE, agricultural residential or RE, rural estate, or SR, suburban residential; and

b.

The property is designated entirely or partially as resource conservation on Map 5, land use plan, of the township master plan.

If section 32-159 does not apply, adequate protection of natural features shall still remain a primary objective. Natural resources and natural features may be impaired or destroyed only if it is in the public interest to do so.

(5)

There shall be a perimeter setback and berming, as found to be necessary by the planning commission and/or township board, for the purpose of buffering the development in relation to surrounding properties. The dimension of the perimeter setback shall be established in the discretion of the township, taking into consideration the zoning classifications in and adjacent to the development, and impacts to sensitive natural features, as identified through compliance with section 32-159, if applicable. Should section 32-159 apply to the proposed PRD, such perimeter setback and berming should be consistent with and complement section 32-159(f)(2), regarding the establishment of buffer zones, which requires setbacks to priority protection areas. The setback distance need not be uniform at all points on the perimeter of the development and to sensitive natural features.

(6)

Development design shall meet or exceed all standards for single-family residential developments in the township.

(7)

Where feasible, there shall be underground installation of utilities, including electricity and telephone.

(8)

Signage, lighting, 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 controlled development, consistent with the character of the community, surrounding development or developments, and the natural features of the area.

(9)

Noise reduction and visual screening mechanisms, such as earthen and/or landscape berms and/or decorative walls, shall be employed as determined necessary by the planning commission and/or township board. The township, in its discretion, shall review and approve of the design and location of such mechanisms for the purpose of achieving the objectives of this chapter and the master plan, in terms of land use compatibility, reducing land use conflicts, and maintaining the rural residential character.

(Ord. of 6-20-2000, § 15.3; Ord. of 11-20-2007(3), § 1)

(a)

Generally. The procedure for review and approval of a PRD shall be a two-part process, except for parcels 20 acres or less as noted below. The first part shall be application and approval of a concept development plan, which requires a legislative enactment amending the zoning ordinance so as to classify the property to planned residential district. Such action, if and when approved, shall confer upon the applicant concept approval for 12 months. During the established period of time for which conceptual approval has been granted, the applicant must submit a final plan. Upon request prior to the expiration of the concept development plan, the township board may extend the effectiveness of the concept development plan approval on a year-to-year basis. The second part of the review and approval process shall be the application for and approval of a final development plan for the entire project, or for any one or more phases of the project. Final development plan approval requires approval by the township board following recommendation of the planning commission.

(b)

Review of parcels 20 acres or less. The procedure for review and approval of a PRD on 20 acres or less shall be a one step process. Application for such projects shall be subject to final development plan review only, as outlined in subsection (e) of this section regarding final development plan approval.

(c)

Concept development plan approval.

(1)

Preapplication conference. Prior to the submission of an application for planned unit development approval, the applicant shall meet with the township supervisor, together with any staff and consultants the supervisor deems appropriate. The applicant shall present at such conference, or conferences, at least a sketch plan of the proposed planned residential development, as well as the following information: Total number of acres in the project; a statement of the number of residential units; the number of acres to be occupied; the known deviations from ordinance regulations to be sought; the number of acres to be preserved as open or recreational space; and, all known natural resources and natural features to be preserved; demonstration of intent to comply with the resource conservation overlay district, if applicable.

(2)

Submission of concept development plan. Thereafter, 13 copies of a concept development plan, including site plan, conforming with the application provision set forth in this section shall be submitted within 90 days of the preapplication conference required in subsection (c)(1) of this section. Such submission shall be made to the zoning administrator, who shall present the submission to the planning commission for consideration at a regular or special meeting.

(3)

Review of concept development plan. The planning commission shall review the concept development plan for preliminary review, and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review, the planning commission shall provide the applicant with written comments, which shall be part of the official minutes of the planning commission. Such action on the part of the planning commission shall vest no rights in the applicant inasmuch as the specific details of all ultimately approved projects are at the very essence of a planned residential development.

(4)

Submission of application to amend zoning ordinance. Following preliminary review of the concept plan by the planning commission, referenced in subsection (c)(3) of this section, the applicant shall submit to the zoning administrator 13 copies of a proposed concept development plan taking into consideration the comments of the planning commission during preliminary review, and conforming with the application provision set forth in this section. This plan shall constitute an application to amend the zoning ordinance, and shall be noticed for public hearing before the planning commission, and otherwise acted upon by the planning commission, the county and the township board, in the manner provided by law for the amendment of the zoning ordinance.

(5)

Contents of application for concept development plan approval. The application for concept development plan approval shall include the following information and materials, in addition to information required by section 32-159 regarding the resource protection overlay district, if applicable:

a.

Development concept. A summary explanation of the development concept of the proposed planned residential development. The development concept shall describe the project and outline the basis for PRD qualification consistent with section 32-312(a).

b.

Density.

1.

Overall maximum.

2.

Maximum for each proposed phase.

c.

Road system.

1.

General description of road system and circulation pattern.

2.

Location of roads.

3.

Location and layout of entrances/exits.

4.

Location and layout of pedestrian walkways.

5.

Statement whether roads are intended to be public or private.

d.

Utilities.

1.

General description of proposed on-site water and wastewater systems.

2.

Utility lines.

i.

Specific location of main lines.

ii.

General location of other lines.

3.

General indication of size and location of stormwater detention and permanent retention ponds.

e.

Open space/common areas.

1.

General description of proposed open space and common areas.

2.

Total area of open space, and open space in each proposed phase.

3.

Proposed uses of open space and common area.

f.

Development guidelines.

1.

Site organization.

2.

Typical setback and lot dimensions.

3.

Minimum lot size.

4.

Fencing.

5.

Street lighting.

6.

Berming.

7.

Building materials.

g.

Landscaping.

1.

General landscaping plan.

2.

Landscape plan for entrances.

3.

Landscape plan for overall property perimeter.

4.

Any theme/streetscape design.

5.

Proposed irrigation.

h.

Natural resources and features.

1.

Floodway/floodplain locations and elevations.

2.

Wetlands and water courses.

i.

Location.

ii.

Description of each.

iii.

Any proposed encroachments by roads and utilities.

3.

Woodlands: location and area of tree stands.

4.

Location and description of other natural resources.

5.

Location and description of natural features.

i.

Phasing information.

1.

Approximate location, area and boundaries of each phase.

2.

Proposed sequence of development, including:

i.

Phasing areas.

ii.

Improvements.

3.

Projected timing for commencement and completion of each phase.

j.

Public services and facilities.

1.

Description of the anticipated demand to be generated by the development for:

i.

Wastewater disposal.

ii.

Water.

iii.

Off-site roads.

iv.

Schools.

v.

Solid waste disposal.

vi.

Off-site drainage.

vii.

Police.

viii.

Fire.

2.

Description of the sufficiency of each service and facility to accommodate such demand.

3.

Anticipated means by which insufficient services and facilities shall be provided.

k.

Historical structures.

1.

Location and description.

2.

Proposed preservation plan.

l.

Site topography.

m.

Signage.

1.

Entrance.

2.

For road system.

3.

Other, if any.

n.

Amenities.

o.

Zoning classification. Zoning classification on and surrounding site.

p.

Specification of deviations. Specification of each deviation from the ordinance regulations applicable to projects in R-1 districts which will be sought to be approved.

q.

Community impact statement. A community impact statement, which shall provide an assessment of the developmental, ecological, social, economic and physical impacts of the project on the natural environmental and physical improvements on and surrounding the development site. Information required for compliance with other ordinances shall not be required to be duplicated in the community impact statement, such as the resource protection overlay district as set out in section 32-159.

r.

Off-site utilities. Demonstration, including map and text, showing the off-site utilities which will provide services to the project.

(d)

Effect of approval. If the township board adopts an amendatory ordinance granting the concept development plan, the zoning map shall be amended to designate the property planned residential development. Such designation shall confer upon the applicant concept approval for the concept development plan. Such action, if and when approved, shall confer upon the applicant concept approval for 12 months. During the period of effectiveness of the concept development plan the property owner shall be permitted to submit one (or more if the project is to be proposed in phases) site plan application, seeking final development plan approval in the manner provided in subsection (e) of this section. Upon application prior to the expiration of the concept development plan, the township board may extend the effectiveness of the concept development plan on a year-to-year basis. In determining whether to extend the effectiveness of the concept development plan, approval may be granted if the ordinances and laws applicable to the project have not changed in a manner which would affect the project as previously approved. In the event of an expiration of the effectiveness of a concept development plan, the property owner may either make application for a new concept development plan or make application for some other zoning classification for the portion of the development for which a final development plan has not been approved. In any case, if the required plan is not submitted, or the effectiveness of the concept development plan expires, the zoning shall revert to the classification that existed previous to the PRD application. The township shall initiate a rezoning to the classification that existed before the PRD application.

(e)

Final development plan approval.

(1)

After approval of the concept development plan, development of property classified PRD shall require the grant of final development plan approval. The grant of final development plan approval shall be made by the township board, following recommendation of the planning commission. Applications for PRD on 20 acres or less shall not require conceptual development plan approval.

(2)

Final development plan approval may be applied for and granted with respect to the entire development or in one or more phases. However, if the project is proposed in phases, the design shall be such that, upon completion, each phase shall be capable or standing on its own in terms of the presence of services, facilities, and open space. The township board shall specify the improvements required to be constructed outside of the phase or phases proposed in order to support and service such phase or phases. In addition, the township board shall require, in addition to the documents referenced above, the recordation of permanent or temporary easements, open space agreements, and other instruments in order to ensure the use and development of the property as proposed. Such open space preservation shall be accomplished in accordance with section 32-155, regarding open space preservation.

(3)

Final development plan approval shall be based upon the standards and procedures set forth in this article, and shall also include the following:

a.

A demonstration, including map and text, that the requirements of subsection (f)(2) of this section for multiple-phase projects, shall be met.

b.

In addition to information required in the conceptual plan approval stage, the following additional information and documentation shall be submitted for final development plan approval:

1.

Sufficient information to demonstrate compliance with the project design standards in this article.

2.

A site plan showing the type, location and density or all structures and uses.

3.

A plan showing all open spaces, including preserves, recreational areas, and the like, and the purpose proposed for each area.

4.

A specification of all deviations proposed from the regulations that apply to the R-1 district regulations.

5.

Additional landscaping details required by the planning commission and/or township board in order to achieve a specific purpose consistent with the spirit of this article.

6.

The general improvements to constitute a part of the phase or phases proposed, including, without limitation, lighting, signage, visual and noise screening mechanisms, and utilities, and including the aesthetic qualities of the general improvements.

(4)

The planning commission shall conduct a public hearing and otherwise proceed with the review of a final development plan and site plan. The final action to be taken by the planning commission shall be in the form of recommendation to the township board. Such recommendation shall be with or without conditions.

(5)

Upon receipt of a recommendation on a final development plan from the planning commission, the township clerk shall place the matter on the agenda of the township board for review and action. The township board may adjourn the consideration from time-to-time if determined appropriate for the purpose of receiving further information or consultation on the proposed final development plan.

(6)

At the conclusion of the township board's deliberation, the township board shall grant site plan approval, with or without conditions, or deny. If approval is denied, the minutes of the township board shall include the grounds for denial. If approval is granted with conditions, the minutes of the township board shall include a statement of the conditions.

(Ord. of 6-20-2000, § 15.4)

The township board, following recommendation from the planning commission, may require reasonable performance guarantees to ensure completion of improvements, as authorized by law.

(Ord. of 6-20-2000, § 15.5)

Reasonable conditions may be required with the approval of a planned residential development, 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 services 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, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole. In addition, conditions imposed shall be reasonably related to the purposes affected by the planned residential development, and shall be necessary to meet the intent and purpose of this chapter, and be related to the objective of ensuring compliance with the standards of this chapter and others applicable. All conditions imposed, shall be made a part of the minutes of the township board.

(Ord. of 6-20-2000, § 15.6)

Construction shall be commenced within one year following the approval of the final development plan in accordance with section 32-315, or within one year of any other necessary governmental approval for construction of the project, whichever is later, provided all other necessary approvals have been actively pursued. If construction is not commenced within such time, any approval of a final development plan shall expire and be null and void, provided, an extension for a specified period of time may be granted by the township board upon good cause shown if such request is made to the township board 30 days prior to the expiration of the final development plan.

(Ord. of 6-20-2000, § 15.7)

If and when approved, a final development plan interpreted together with the concept development plan, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be undertaken accordingly. The applicant shall record an affidavit with the county register of deeds containing the legal description of the entire project, specifying the date of approval or the planned residential development, and declaring that all future development of the property has been authorized and required to be carried out in accordance with the approved concept development plan and final development plan unless the final development plan expires or unless an amendment is duly adopted by the township upon the request and/or approval of the applicant, or applicant's transferees and/or assigns.

(Ord. of 6-20-2000, § 15.8)

There shall be an advanced payment of fees at the time of the preapplication conference, at the time of application for concept development plan approval, and at the time of application for final development plan approval. The amount of such fees shall be established by ordinance or resolution of the township board.

(Ord. of 6-20-2000, § 15.9)