The intent of this article is to encourage the long-term preservation of open space and natural features and the provision of recreation and open space areas in accordance with Public Act No. 177 of 2001 (MCL 125.286h).

(Ord. of 6-17-2003, § 16.00)

(a)

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

(1)

Eligibility requirements. This article shall be applicable to residential properties zoned R-1, R-2, SR, RE and AGRE. The provisions in this section shall supplement the existing regulations applicable within the referenced zoning districts in the event a developer or owner of property elects to submit a proposed development under the open space preservation option provided in this section. Unless otherwise specified, all requirements set forth in sections 32-132(1) through 32-132(4) of the cluster housing option shall be applied to developments proposed under the open space preservation option.

(2)

Density calculation. Property meeting the eligibility requirements of this section may be developed, at the owner's option, with the same number of dwelling units on a portion of the land as specified in this section that, as determined by the township, could have otherwise been developed on the same land under current ordinances, laws and rules, subject to and in accordance with the regulations of this section. The methodology and procedures used to determine density shall be in accordance with section 32-132(4).

(3)

Design requirements. In addition to the standards set forth in section 32-132(3), the following requirements shall apply:

a.

A minimum of 50 percent of the gross site area shall be preserved as permanent open space. Permanent open space shall include the site's most significant natural, environmental, agricultural and/or cultural features, including, but not limited to the following; however, in an open space development under this section, an "undeveloped state" shall not include a golf course:

1.

Wetlands, floodplains, and natural watercourses;

2.

Woodlands;

3.

Scenic views;

4.

Historical structures;

5.

Recreational pathways and other permitted recreational facilities;

6.

Buffers from major thoroughfares and more intense land uses; and

7.

Similar features acceptable to the approving body.

b.

Minimum setbacks, lot width, and distance between dwelling units, where applicable, shall meet the requirements of section 32-132(3)f.

(4)

Open space maintenance and preservation.

a.

All open space shall comply with the requirements for preservation and maintenance set forth in section 32-132(3)h.

b.

Nothing in this section shall be construed to require the property owner to convey fee title ownership of the open space to the public.

(5)

Review process.

a.

All proposed open space preservation option developments shall be submitted and reviewed in accordance with the procedures set forth in section 32-132(4), except that the use shall be permitted as a permitted use and shall not require special use approval.

b.

In addition to all other submittals and information required under this article, all open space preservation options plans submitted to the township shall include all other information required under sections 32-132(1) through 32-132(4).

(6)

Restrictions.

a.

Approval of an open space option development does not constitute a change in the zoning of the property, and, except as specifically provided in this section, all other regulations applicable within the zoning district of the property and development shall apply.

b.

Nothing in this section shall allow the construction of multifamily residential units in a single family residential district.

c.

Nothing in this section shall allow a development to result in the creation of a nuisance or a danger or hazard to the health, safety and welfare of any person or property.

d.

The development shall not result in an unreasonable burden upon public services and/or surrounding properties, taking into consideration the capacity and availability, considering the existing and anticipated future use of such services and facilities.

e.

The development shall be designed to avoid an unreasonable burden upon the subject and/or surrounding properties, taking into consideration economic, aesthetic, traffic, noise, and other applicable and relevant planning and/or engineering considerations.

(Ord. of 6-17-2003, § 16.1)