Purpose and Intent. Planned Unit Developments (PUDs) are a method to provide for flexibility in the regulation of land development; to encourage innovation in land use and variety in design, layout, and type of structures; to achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; to encourage useful open space; and to create better living, working, and shopping environments. The PUD District may permit the relaxation of the conventional requirements found in other zone districts. The use of land and the construction and use of buildings and other structures as Planned Unit Developments shall be in conformance with the procedures, standards, requirements, and conditions for eligibility contained in this Section.

A.

Qualifying Conditions. Any PUD development shall not be less than one (1) acre of fully contiguous property not separated by a public road, railroad, or other such feature or barrier. The Planning Commission may consider a PUD on lesser acreage or on property separated by the aforementioned barriers if it is clear that the proposed PUD substantially promotes the intent of a PUD as stated above.

B.

The site must be served by public water and sanitary sewer facilities.

C.

The site must be either in one (1) ownership, filed jointly by the owners of all properties, or through option agreements relating to the property in question.

D.

Open space shall be provided and meet the following requirements:

1.

The PUD development shall contain usable open space equal to, at least twenty percent (20%) of, the total PUD site. The Planning Commission may consider a PUD with a lesser amount of open space if it is clear that the proposed PUD substantially promotes the intent of a PUD as stated above.

2.

Useable open space shall not include required yards or buffers, parking areas, drives, rights-of-way, utility or road easements, stormwater detention ponds, and structures.

3.

Such open space shall be permanently set aside for the benefit, use, and enjoyment of present and future occupants of the PUD through covenant, deed restriction, open space easement, or similar legal instrument acceptable to the Village; or, if agreed to by the Village Council, the open space may be conveyed to the Village for the use of the general public as a park.

A.

Any principal or accessory land uses permitted in any zone district, either as a use by right or a use subject to special land use approval under this Ordinance, or any combination of such uses, may be considered within the PUD district. Provided, however, that the Planning Commission and the Village Council reach a finding that all such proposed uses and the impacts they may generate on one another and on the surrounding community shall be generally compatible and harmonious with one another.

B.

A Design Elements Density Bonus may be used to offset potentially greater landscaping and construction costs than would ordinarily be incurred in the construction of a standard residential project. Density and/or lot area bonuses may be used in the development of a residential PUD in accordance with the following:

1.

The Design Elements listed in Section 2.03. are the basis for the density bonus structure. For each design element category (a-f), there is a specified point value that applies to each item within that category. The more elements included in a project's design, the greater the benefit. The following density bonuses are provided on a sliding scale.

2.

For the purposes of this Section, density calculations will utilize a measure of gross density which includes rights-of-way of streets, floodplain, and waterways. It is permissible to round up to the next whole number where there is a fraction greater than one-half (.5).

3.

The maximum number of bonus residential units available to a site shall be determined either by the standard lot area requirements specified in each zone district or by applying the future land use descriptions of the Master Plan, whichever provides the greater number of units.

4.

To qualify for bonuses, all residential lots and structures within the area defined as the development project shall contain the design elements for which credits are issued.

5.

A minimum of one (1) design element must be different for every ten (10) detached dwelling units, or for each multi-family building. Landscaping and front porches shall be exempted from this requirement.

6.

Design elements used in the receipt of bonus credits shall first be reviewed and approved by the Village Manager or designee before building permit submissions. Plans shall clearly identify the credited design elements.

A.

Upon request to the Village Manager or Designee, a pre-application conference shall be held with the Village of Lawton Planning Commission for the purpose of exchanging information, providing guidance to the applicant, and determining the eligibility of the request for consideration as a PUD.

B.

As part of the pre-application conference, the applicant shall submit copies of a conceptual plan, at a reasonable time period in advance of the pre-application conference, which shows the property location, boundaries, significant natural features, vehicular and pedestrian circulation, and land use for the entire site.

C.

The Village shall advise the applicant of the conformance of the PUD concept with the intent and objectives of a PUD in the Village of Lawton, and whether it meets the qualifying conditions listed above. No formal action will be taken at a pre-application conference nor will statements made at the pre-application conference be considered legally binding commitments by any party.

A.

Application. Following the pre-application conference, applicants seeking approval of a PUD Concept Plan shall submit a complete application for review to the Village Manager or designee who shall schedule a date and time for a public hearing and Planning Commission review. Such application shall include the following:

1.

A completed application form, supplied by the Village Manager or designee.

2.

Payment of a fee, as established by the Village Council.

B.

Narrative. As part of the application, an applicant shall identify how their project meets PUD objectives and the intent of the PUD District, as described in Section 10.01.

C.

Base District. The applicant may select a "base" zone district and identify proposed deviations from that district. At a minimum, these standards must include:

1.

A list of all proposed uses, total acreage, and/or square footage devoted to each use.

2.

All proposed setbacks, lot sizes, and other applicable yard and lot requirements.

3.

Total number of dwelling units, number of rooms per unit and proposed density.

D.

The PUD Concept Plan Will Include:

1.

The location of all buildings, structures, driveways, parking areas, and other proposed site improvements.

2.

The location and size of parks, open recreation areas, other open space, and all public and community uses, including proposed maintenance provisions for private open spaces.

3.

Phases of development and approximate time frame for each phase.

4.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD.

5.

A table that specifically details all deviations from the base zone district, or provides specific guidance related to area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations that would otherwise apply to the uses and development proposed in the absence of the PUD.

6.

Any additional graphics or written materials requested by the Village Manager or designee, Planning Commission, or Village Council to assist in the review of the project proposal.

E.

Sufficient copies of PUD materials shall be provided to the Village Manager or designee. If the PUD is to be developed in phases, the preliminary development plan shall show all phases. The preliminary plan shall contain the same information required in Section 11.02. Site Plan Review.

F.

Upon receipt of an application for a PUD Concept Plan, the Village Manager or Designee shall cause notice to be given, in accordance with the requirements of Section 11.07.

A.

Following notice, the Planning Commission shall hold a public hearing on the proposed PUD Concept Plan, for the purpose of receiving public comment on the application.

B.

Following the public hearing, the Planning Commission shall review the PUD application materials and Concept Plan based on the Standards for Approval listed in Section 10.07. and shall recommend approval, approval with conditions, or denial of the PUD Concept Plan.

C.

After receiving the recommendation of the Planning Commission, the Village Council shall review the application package, PUD Concept Plan, the record of the Planning Commission proceedings, and the recommendation.

D.

The Council shall then approve, approve with conditions, or deny the proposed PUD Concept Plan and Rezoning.

E.

No part of a PUD Concept Plan may be appealed to the Zoning Board of Appeals for a variance. This provision shall not prevent an individual lot owner from seeking a variance (e.g. - a residential detached garage variance related to setbacks) following final approval of the PUD, provided such variance does not involve alterations to open space areas as shown on the approved PUD site plan.

A.

PUD Concept Plan shall be approved only if it complies with each of the following standards:

1.

The proposed project is consistent with the spirit and intent of the PUD, as described in Section 10.01. and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning.

2.

The proposed PUD complies with all qualifying conditions of Section 10.05.

B.

PUD Site Plan Approval.

1.

The Planning Commission shall review any site plans in relation to their conformance with the PUD Concept Plan. If it is determined that the site plan is not in substantial conformance with the PUD Concept Plan, the applicant may proceed with an amendment to the Concept Plan. (See Section 10.09.)

2.

If the site plan is consistent with the approved PUD Concept Plan, the Planning Commission shall review the site plan in accordance with Section 11.03.

3.

The Planning Commission shall prepare a record of its findings and shall approve, approve with conditions, or deny the site plan.

A.

Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the Village in recordable form, setting forth the applicant's obligations with respect to the PUD.

B.

The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the PUD Concept Plan, site plans, construction documents, and other documents which comprise the PUD, and all conditions attached to the Concept Plan approval by the Village Council or Site Plan approval by the Planning Commission.

C.

The agreement shall also establish the remedies of the Village in the event of default by the applicant in carrying out the PUD, and such remedies shall be binding on all successors in interest to the applicant.

D.

All documents shall be executed and recorded in the office of the Van Buren County Register of Deeds.

A.

The holder of an approved PUD Concept plan shall notify the Village Manager or designee of any desired change to the approved PUD.

B.

Minor changes may be approved by the Village Manager or designee upon determining that the proposed revision(s) will not alter the basic design and character of the PUD, standards incorporated as part of the approved Concept Plan, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

1.

Reduction of the size of any building and/or sign.

2.

Movement of buildings and/or signs by no more than ten (10) feet.

3.

Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent and is consistent with the standards of this Ordinance.

4.

Changes in floor plans, which do not alter the character of the use or increase the amount of required parking.

5.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

6.

Changes required or requested by the Village, Van Buren County, or other State or Federal regulatory agency in order to conform to other laws or regulations.

C.

Major Change. A proposed change not determined by the Village Manager or designee to be minor shall be submitted as an amendment to the PUD Concept Plan and shall be processed in the same manner as the original PUD application. Any resulting amendments to the Development Agreement must be approved by Village Council.

A.

The applicant shall submit an application to the Village Manager or Designee for site plan approval within twelve (12) months of the Village Council's approval of the PUD Concept Plan.

B.

If the applicant fails to submit an application within twelve (12) months as stated above, then the PUD Concept Plan shall be determined to be invalid and the property shall revert back to the prior zoning district.

C.

If the site plan submitted expires and there are no other active site plans for the PUD, the PUD Concept Plan shall be determined to be invalid and the property shall revert back to the prior zoning district.

A.

Purpose and Scope. Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of vacant air space within which a building or other improvements may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit. Either the condominium unit by itself, or the condominium unit taken together with any contiguous, appurtenant common element, shall be considered to constitute a building site which is the functional equivalent of a "lot" for the purpose of this Ordinance and other applicable laws, ordinances, and regulations.

1.

Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets, and other areas available for use by all owners of condominium units within the project.

2.

Subject to the district zoning provisions applicable to the project's location, any land use permitted by the Village of Lawton Zoning Ordinance may be permitted in a site condominium project.

3.

The purpose of this Section is to ensure that the plans for developments within the Village of Lawton proposed under the provisions of the Condominium Act, Act 59 of the Public Acts of 1978, as amended shall be reviewed with the objective and intent of achieving the same characteristics as if the development and improvements therein were being proposed pursuant to the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended. It is further the intent of this Section to ensure that such development is in conformance with the requirements of this Ordinance, other applicable Village ordinances and state and federal regulations.

A.

Application for review and approval of a site condominium subdivision shall be in accordance with the following procedures:

1.

Prior to the formal application for a site condominium development, the developer shall meet with the Public Works Village Manager or designee and the Planning Commission. The purpose of these meetings is to inform the Planning Commission of the applicant's intent to initiate a site condominium project. On or before this meeting, the applicant shall submit the following to the Village for distribution to all Planning Commission members.

2.

A sketch drawn to scale, indicating the general location and configuration of the property to be developed; the alignment of streets and building sites; and the relationship of the proposed project to adjacent streets and neighboring properties.

3.

A statement regarding the provision of sewer service and water supply.

B.

During the preliminary discussion meeting, the Planning Commission based on the information available to it, shall inform the applicant of the following:

1.

General requirements of this Section and other applicable provisions of this Ordinance.

2.

Planned or anticipated sites of parks and recreation areas and other public uses.

3.

Utility system capabilities.

4.

Planned or anticipated public improvements, including streets, utility extensions, and the like.

5.

Street plans and potential problems relative to the natural features of the area, including, but not limited to floodplains, soil conditions, topography, and groundwater tables.

6.

Additional information which will assist the applicant in proceeding in a reasonable and sound manner toward the final approval of the site condominium project.

C.

This review is intended for information purposes only and does not constitute binding commitments on the part of the Village. Neither do they imply tentative approval of any proposed site condominium project. Furthermore, such discussions shall not carry the authority to proceed with construction or to sell or transfer property.

D.

Following preliminary review, the applicant shall submit the site condominium subdivision plans to the following agencies for their approval:

1.

Michigan Department of Natural Resources and Environment.

2.

Van Buren County Drain Commissioner.

E.

Other appropriate state and county review and enforcement agencies having direct approval or permitting authority over all or part of the project's construction phases.

A.

An application for preliminary review of a site condominium subdivision project shall be made to the Village along with the appropriate fees as required by the Village. The application shall, at a minimum, contain the following information:

1.

Application for certificate of zoning compliance, which upon issuance, shall ensure that the project, as proposed, is capable of being developed in conformity with the standards and regulations applicable to the zoning district in which the project is located, subject to the customary procedures applicable to Village approvals of individual uses on individual building sites.

2.

The applicant's name, address, and phone number.

3.

Proof that the applicant is the owner of the property or has the legal or financial interest in the property such as a purchase agreement.

4.

The name, address, and phone number of the owner(s) of record, if different from that of the applicant.

5.

The legal description, address and tax parcel number of the property.

6.

Project description, including number of structures, dwelling units, square feet of building sites, open spaces, and estimated inhabitants, phasing, etc.

7.

Gross and net size of the parcel in acres.

8.

Written comments and/or approvals from the above list of agencies resulting from their review of the site condominium subdivision plans, as applicable.

9.

A copy of the proposed deed restrictions or covenants for the site condominium subdivision.

10.

A copy of any preliminary agreements which may be required before final plan approval is granted.

11.

A copy of the proposed master deed of the project and the supportive information which is intended to be recorded with the County Register of Deeds as required by state law.

B.

The applicant shall provide at least nine (9) copies of the preliminary site condominium project plan and additional copies if deemed necessary by the Village. The plans at the time of their submittal shall contain the information required for preliminary site condominium plan as required by this Ordinance.

C.

The application and plans shall be submitted at least thirty (30) days before the next regularly scheduled meeting of the Planning Commission.

D.

Upon receipt of the preliminary site condominium project plans, the Village shall forward one (1) copy to each member of the Planning Commission, for consideration at the next regularly scheduled meeting of the Planning Commission.

E.

The Village shall notify by mail, all the members of the Planning Commission, that a meeting will take place at a specified time concerning the property proposed for the site condominium project. At this or a subsequent meeting, a public hearing shall be held. Notice of said hearing shall be given at least fifteen (15) days prior to the hearing by one (1) publication in a newspaper of general circulation in the Village and by notice by mail to each public utility company within the geographical sections or divisions of the Village affected by the proposed development. Notices of said hearing shall also be sent, in accordance with the process defined in Section 11.12. In reviewing the preliminary plan, the Planning Commission shall give particular attention to all information required to accompany the submission, in particular the deed restrictions and covenants, in order to determine that they are adequate to ensure ultimate completion of the project in accordance to the proposed project plan. If the preliminary plan meets the requirements of this Ordinance and all other applicable local, state, county, and federal regulations, the Planning Commission shall grant it preliminary approval.

F.

If the plan does not meet the requirements of this Ordinance, the Planning Commission shall:

1.

Recommend denial of the preliminary plan, setting forth the reasons in writing, or

2.

Recommend granting of preliminary plan approval contingent upon completion of the revisions as noted.

G.

Setbacks and Boundaries. The setback requirements for condominium buildings shall follow the Zone District requirements.

H.

Common Elements. After construction of a condominium unit, the undeveloped area of a unit shall become a common element.

I.

Encroachment. A condominium project shall not be constructed in a manner that intentionally creates an encroachment.

J.

Subdivision of Unit Sites. Subdivision of condominium unit sites is permitted following Planning Commission review and approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on the conditions of zoning or development plan approval, and shall be made as part of the by-laws and recorded as part of the master deed.

K.

Conformance with Subdivision Regulations. All condominium project plans shall conform to the plan preparation requirements, design layout, and improvements standards as established within this Ordinance.

L.

Water and Waste Water. The condominium project, larger than eight (8) units, shall comply with and meet all federal, state, county, and village standards for a fresh water system and waste water disposal.

M.

Expansion and Conversion. Prior to expansion or conversion of a condominium project to additional land and new phases, it must be reviewed and approved by the Planning Commission.

N.

Master Deed. The project developer shall furnish the Village with one (1) copy of the proposed consolidated master deed, one (1) copy of the by-laws, and two (2) copies of the proposed plans. The proposed plans shall be reviewed for compliance with this Ordinance to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements.

O.

As-Built Plans and Occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The Building Inspector may allow occupancy of the project before all improvements required are installed provided that an escrow is submitted to the Village, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the Village. The amount and form of the escrow shall be determined by the Village Council.

P.

Final By-Laws, Consolidated Master Deed, and Site Plan. Upon approval of the development, the applicant shall furnish the Village a copy of the by-laws and consolidated master deed. The development plan shall be provided on a mylar sheet of at least twenty-four (24) inches by thirty-six (36) inches.

Q.

Compliance with Other Statutes and Ordinances. All condominium projects shall comply with pertinent federal, state, and local laws, statutes, and ordinances.