(a)

The purpose of this section is to allow and encourage alternative subdivision designs which preserve the township's character and environmentally sensitive elements, while providing housing communities that are desired by the community and the general public.

(b)

Open space communities shall promote the following objectives:

(1)

Maintain the rural character of the township.

(2)

Maintain an image of open space within the township.

(3)

Preserve open space within the township.

(4)

Preserve natural resources within the township.

(5)

Preserve agriculture and farming within the township.

(6)

Achieve a balance between farming, open space and residential growth within the township.

(a)

Location of open space communities. An open space community may be located in AA—Agricultural, RR—Rural Residential, LDR—Low Density Residential and MDR—Medium Density Residential districts.

(b)

Access. The open space community shall have direct access to an approved public roadway.

(c)

Open space criteria.

(1)

Requirements. In all open space communities, at least two of the following items must be present:

a.

Preservation of natural amenities. Sites preserving a significant quantity of any of the following:

1.

Organic amenities: Significant views and vistas, mature woodlands, wetlands or lowland areas, prairies, bodies of open water (such as ponds, streams, natural drainageways), wildlife habitat or corridors, and significant size trees (six to eight inches or more, measured five feet above the grade).

2.

Nonorganic amenities: Farmhouses (viable for restoration and/or preservation), fence lines (stone or wood), buildings or foundations of historical value.

b.

Provisions for recreational facilities. The submittal should include both passive and/or active recreation areas for residents within the open space systems, common green areas of a substantial size, and open/preserves natural amenity areas, or other areas or uses consistent in nature. Active recreation areas shall include areas such as children play sets, sports fields (i.e., football, soccer, baseball), and other fitness areas that are consistent in nature.

c.

Creation of natural amenities. These areas are to be constructed in a manner that replicates a natural setting. A percentage of these areas should remain non-manicured, allowing natural growth and processes to occur. These areas can take a number of forms, such as woodlands (interior street tree plantings shall not count for this requirement), wildflower or grass meadows, constructed wetlands (preferably extension to an existing), or other areas consistent in nature.

d.

Preservation of agriculture. Land uses, such as orchards, horse stables, active farms, or other similar agriculture uses, shall be preserved, where feasible or viable. In no way shall an intensive animal raising, slaughterhouse, or similar use be allowed within an open space community. A buffer shall be maintained between the agricultural use and the residential units.

All of the above-mentioned areas shall be accessible or open to all residents within the open space community, with the exception of farmland.

(2)

Density. Under the open space community provision, the net density shall be no greater than that normally permitted within that zoning district. The maximum density shall be the maximum number of lots permitted by the approved parallel plan. Density does not guarantee any specific number of lots from any individual parcel or group of parcels. Rather, density refers to the number of lots which can be platted on the subject parcel.

(a)

Parallel plan. A "parallel" or "yield plan" shall be prepared by the developer showing a feasible development under the requirements of the specific zoning district in which it is located and the requirements of any and all state, county and township subdivision regulations. All lots, roads and other improvements shall be designed so that they do not adversely impact wetlands, floodplains or drainageways, as regulated by federal, state, county or local agencies. The planning commission must determine that this parallel plan or conventional subdivision is able to be physically constructed and meet all current subdivision regulations, should the open space community be denied or not constructed. If there is a question regarding water, septic, wetlands or floodplains, the planning commission may request validation from the proper regulatory authority. If it is determined, through these responses, that the number of lots proposed is unfeasible, the yield plan shall be revised and resubmitted, minus that number of lots. Detailed engineering is not required at this stage.

(b)

Site analysis. A site analysis plan shall be submitted, showing the following site features:

(1)

Wetlands, as determined by the state department of environmental quality.

(2)

Water areas, such as streams and ponds.

(3)

Woodlands and farmland.

(4)

Soils and topography.

(5)

Drainage patterns and county drains.

(6)

Historic and cultural features.

(7)

Wildlife habitat corridors.

(8)

View sheds and view corridors.

(9)

Existing easements of record.

(10)

Existing and proposed rights-of-way.

(11)

Existing infrastructure.

(12)

Adjacent development within 300 feet.

(c)

Conservation areas plan. The combination of the site analysis elements noted above shall be used to outline the primary and secondary conservation areas. The primary conservation areas include areas where no development is to occur. The secondary conservation areas are areas where development can occur, but special care must be taken to minimize adverse impacts.

(1)

Primary conservation areas: floodplains, regulated wetlands, drainageways, easements, 150-foot exterior road buffer, or other exceptional elements.

(2)

Secondary conservation areas: farmlands, woodlands, suspected or marginal wetlands, tree lines, soils sensitive to development, soils prone to flooding, aesthetic views, etc.

(3)

Buildable areas: areas that are not dedicated to primary conservation areas may be treated as buildable areas. Housing sites should be located so as to complement the conservation areas.

(d)

Open space plan. An open space plan, with the proposed housing layout shall not exceed the maximum number of housing units determined by the parallel/yield plan. The roads shall also be shown to provide interior access to all homes. At this stage, the drawings need not be engineered, only drawn to scale.

(a)

The planning commission shall determine that the yield plan submitted meets all applicable regulations of the land division act (MCL 560.101 et seq.), the township subdivision regulations and condominium regulations.

(b)

The planning commission shall confirm the accuracy and feasibility of the open space plan.

(c)

Planning commission determination.

(d)

Upon approval, the proprietor may undertake the process for subdivision or Condominium approval, or land division per state law and township ordinance.

(e)

Upon denial, the proprietor may either submit the yield plan or parallel plan for approval under the subdivision or condominium review process, or submit a new application for an open space community.

(a)

Zoning provisions apply. Unless otherwise provided for in this article, all other applicable zoning ordinance provisions shall apply.

(b)

Minimum lot size. Lot sizes shall be determined by the state and county health departments' regulations or standards.

(c)

Minimum yard setbacks. To be determined on a development by development basis.

(d)

Development layout. The development is encouraged to include roads that are single-loaded, referring to homes along only one side of the street. This type of development will allow for a greater number of views and vistas onto the open space or farmland.

(e)

Minimum exterior road buffer. The developer shall preserve a minimum of a 150-foot buffer from the proposed right-of-way along any county road or state highway servicing the open space development.

(f)

Minimum open space. A minimum of 50 percent of the gross land area shall be set aside for common open space uses. Open space shall be defined as follows: All area within the open space development, not individually owned or part of a limited common area, which are designed and intended to preserve environmental features for the common use and enjoyable of the residents of the entire development for any of the following uses: recreation, forestry and/or open space conservation, community gardens, or agricultural uses. Land uses such as golf courses or other exclusionary commercial recreational uses, lot area within setbacks for each specific lot shall not meet the open space requirements, or land area dedicated as limited commons.

(g)

Maximum amount of unbuildable land used as open space. A maximum of 50 percent of the total open space allotment may be unbuildable land. Unbuildable land is considered to be land that is regulated by state department of environmental quality, or the Environmental Protection Agency, Army Corps of Engineers, or any other regulatory body which has jurisdiction over land which cannot be used for the construction of housing.

(h)

Houses abutting the open space. A minimum of 50 percent of all dwelling units within the development shall abut or overlook the dedicated open space.

(i)

Access to open space. Access points or paths shall be provided to afford access to open space and common areas. These access points shall link the open space to the roadway, sidewalks, or the remainder of the development.

(j)

General lot character. Flag lots or panhandle lots shall not be permitted within an open space community.

(k)

Natural area. An undisturbed greenbelt shall be required around any natural features or farmland preserved within the common open space areas.

(l)

Pedestrian circulation. Adequate pedestrian circulation shall be provided by the applicant for on-site circulation. Adequate access shall be provided to all open space recreational spaces from the residential areas. Natural paths or bike paths are encouraged within the development. Paths provided within the development shall be constructed of gravel, woodchip, or other similar material as approved by the planning commission.

(m)

Garages. Garages that face the roadway shall not extend beyond the front plane of the house and are encouraged to be recessed at least five feet from the front plane of the house.

(n)

Overall architectural character. A diversity of single-family housing styles, colors, and configurations are encouraged throughout the development.

(a)

The dedicated open space shall be set aside in an irrevocable conveyance that is acceptable to the township attorney and approved by the township board, such as the following:

(1)

A conservation easement, as established by part 21, subpart 11 of Public Act No. 451 of 1994 (MCL 324.2140 et seq.).

(2)

Master deed, as established by the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(3)

Distributed, gift or sale of the development rights to all property owners within the open space community.

(b)

The above conveyance shall indicate all proposed uses of the dedicated open space, which shall also be shown on the approved open space or farmland community. The township attorney shall review the conveyance and assure the township that such lands shall remain as open space for perpetuity. The conveyance shall also detail a maintenance schedule and funding for operation, maintenance and insurance for all common areas, facilities, projects and programs of the open space community, and shall include methods of payment and collection.

After, or in conjunction with, the open space or farmland community approval noted in the previous sections, the petitioner must follow the regulations and procedures set forth in the township subdivision regulations, condominium regulations or land division ordinance.

State Law reference— Land division act, MCL 460.101 et seq.; condominium act, MCL 559.101 et seq.; lot divisions, MCL 560.263.