(a)

Planned development is intended to permit regulatory flexibility to achieve development that is in accord with the township's master plan; 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; to conserve natural features, natural resources, and energy; and to provide appropriate development to satisfy the demonstrated needs of residents of the township.

(b)

It is further intended that development permitted pursuant to this article 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 adverse impact of one use on another.

(c)

The development permitted under this article shall be considered as an optional means of development. The availability of this option imposes no obligation on the township to approve a proposed planned development.

(d)

Planned development shall not be used for the sole purpose of avoiding the requirements for dimensional variances involving uses that would already be permitted in the underlying zoning district(s).

To be eligible for planned development approval, the applicant must demonstrate that the following criteria will be met:

A.

Recognizable benefits. The planned development shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community, and shall result in a higher quality of development than could be achieved under conventional zoning.

B.

Minimum size.

1.

The minimum size of a planned development shall be ten acres of contiguous land. However, the township board, upon recommendation from the planning commission, may permit a smaller planned development if: (a) the proposed project has unique characteristics and benefits; and/or (b) the parcel in question has unique characteristics that significantly impact development, such as unusual topography, tree stands, wetlands, poor soil conditions on portions of the parcel, watercourses, unusual shape or proportions, or utility easements which cross the parcel.

2.

In such case, the applicant shall submit a letter to the township requesting a waiver of the minimum planned development size requirements. The request shall be submitted prior to submittal of a site plan and application for planned development approval. The planning commission shall review the request and make a recommendation to the township board.

3.

The township board shall make the final decision concerning a request to waive the planned development size requirements.

4.

The township board may, upon recommendation from the planning commission, consider two or more separate parcels, each of which is 40 acres or greater, as a single planned development, upon making the determination that: (1) the separate parcels would be integrally related in terms of land use, public facilities, public utilities, traffic and roads, design features, or other reasons; and (2) there would be a public benefit from comprehensively planning and developing the separate parcels under single ownership or control as a integrated project.

C.

Use of public services. The proposed type and density of use shall not: 1) result in an unreasonable increase in the use of public services, facilities and utilities; 2) create a demand that exceeds the capacity of utilities; and 3) place an unreasonable burden upon the subject site, surrounding land, property owners and occupants, or the natural environment.

D.

Compatibility with master plan. The proposed development shall not have an adverse impact upon the master plan for the township. Notwithstanding this requirement, the township may approve a planned development proposal that includes uses or residential density which are not called for on the future land use map; provided that, the township board, upon receiving a recommendation from the planning commission, determines that such a deviation from the future land use map is justified in light of the current planning and development objectives of the township.

However, upon approval of a planned development, the planning commission shall initiate action where necessary to amend the master plan so that the future land use map designation is consistent with the approved planned development.

E.

Economic impact. The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

F.

Usable open space. The proposed development shall contain at least as much usable open space as would otherwise be required by the existing underlying zoning.

G.

Preservation of natural features. The proposed development shall preserve distinctive natural features on the site to the maximum extent feasible, such as, but not limited to, woodlands, wetlands, rolling topography, natural drainage courses, etc. Planned developments shall comply with the Lyon Township's Tree Protection Ordinance.

H.

Unified control.

1.

The proposed development shall either: (1) be under single ownership or control such that there is a single person or entity having responsibility for assuring completion of the project in conformity with this Ordinance; or (2) if there is more than one owner or entity with an interest in the project, then there shall be a commitment in writing by each owner and/entity to work in unison to complete the project in complete conformity with this Ordinance.

2.

The applicant(s) shall provide legal documentation of single ownership, single control, or joint unified control in the form of agreements, contracts, covenants, and deed restrictions which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors. These legal documents shall bind all development successors in title to any commitments made as a part of the documents. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is given to the building department.

(Ord. No. 08-22, § 4, 9-6-2022)

Proposed planned developments that satisfy the eligibility criteria in section 7.02 shall comply with the following project design standards:

A.

Location. A planned development may be approved in any location in the township, subject to review and approval as provided for herein.

B.

Permitted uses. Any land use authorized in this Ordinance may be included in a planned development as a principal or accessory use, provided that:

1.

The predominant use on the site, based on acreage, shall be consistent with the uses specified for the parcel on the township's future land use map and zoning map. Where the predominant uses are not consistent, prior to planned development approval an amendment to the future land use map may be required, as noted in subsection 7.02.D, and an amendment to the zoning map may be required, as noted in item subsection B.5, below.

2.

There shall be a reasonably harmonious relationship between the location of buildings on the site relative to buildings on lands in the surrounding area.

3.

Residential, neighborhood commercial, office, and public uses may be developed together in a planned development, provided the uses are compatible and complementary, demonstrating good site design and planning principles.

4.

The mix of uses and the arrangement of those uses within a planned development shall not impair the public health, safety, welfare, or quality of life of residents or the community as a whole.

5.

Where the existing underlying zoning district is residential, nonresidential uses may be permitted as a part of a planned development provided that such nonresidential uses occupy a maximum of 20 percent of the buildable acreage of the site, subject to the following conditions:

a.

The mix of uses must be consistent with the planned uses on the future land use map.

b.

An amendment to the zoning map to change the underlying zoning (see definition of "underlying zoning" in section 3.02) shall be required prior to final planned development approval if more than 20 percent of the acreage in a residential planned development is proposed to be occupied by nonresidential uses.

c.

For the purposes of this subsection B.5, nonresidential may include, but is not limited to: commercial, office, research, public (e.g., library, post office, municipal facilities), and recreational.

C.

Residential density. The overall density of residential uses within a planned development shall be based on the density that could be achieved with the underlying zoning (as defined in section 3.02). To approximate the density that could be achieved with the underlying zoning, the applicant shall submit a parallel plan, which is a conceptual subdivision layout based on the uses of land, dimensional requirements, and density allowed by right in the district in which the land is located. The parallel plan shall adhere to the following principles:

1.

It shall reflect a realistic assessment of wetland use, considering the constraints imposed by the Michigan Department of Environmental Quality and U.S. Environmental Protection Agency. Accordingly, the parallel plan shall minimize wetland fill and the need for mitigation. If wetland fill is proposed on the parallel plan, it shall not exceed the wetlands fill shown on the planned development plan by more the minimum lot area of the underlying zoning district (R-1.0: 35,000 sq. ft.; R-0.5: 17,000 sq. ft.; and, R-0.3: 12,000 sq. ft.).

2.

All lots on the parallel plan shall be able to accommodate the proposed housing product without encroaching into required setbacks.

3.

The parallel plan shall allocate land for stormwater management facilities in an amount necessary to accommodate the development's needs, pursuant to township engineering standards.

4.

If the planned development will be using public water and sanitary sewer utilities, then the parallel plan shall be designed to use public water and sanitary sewer utilities. If the planned development will be using wells and septic systems, then the parallel plan shall be designed to use wells and septic systems.

5.

The parallel plan shall comply with applicable requirements in the Zoning Ordinance and Township Code of Ordinances, including the Subdivision Ordinance.

The parallel plan shall be used as an advisory tool to be used as a guide by the planning commission and township board to determine the appropriate density of a residential planned development. Thus, the particular design characteristics of a planned development may warrant an increase or decrease in the number of dwelling units above or below the number shown on the parallel plan.

The township board, following review by the planning commission, may grant an increase in density upon finding that the planned development exhibits design excellence and would result in a substantial benefit to the future residents and the community as a whole. Examples of residential design excellence include, but are not limited to: preservation of a substantial landscaped or rural viewshed along main roads, avoidance of a grid street pattern, preservation of natural habitat and trees, preservation of natural topography, and layout of lots so they abut open space. Additional criteria that the planning commission and township board may consider when determining whether a density increase is warranted include:

D.

Yard setbacks. Planned developments shall comply with the following minimum yard setback requirements:

Setback table notes:

 Setbacks adjacent to roads shall be measured from the planned rights-of-way lines.

 ** Although the minimum setback adjacent to roads is 75 ft., developers are encouraged to provide a 250-ft. to 300-ft. rural viewshed along main roads, consisting of open or wooded areas left in a natural state.

Modification to these yard setback requirements may be approved by the township board, upon recommendation from the planning commission, upon making the determination that other setbacks would be more appropriate because of the topography, existing trees and other vegetation, proposed grading and landscaping, or other existing or proposed site features.

E.

Distances between buildings. Buildings within a planned development shall comply with the following spacing requirements:

1.

Any detached single-family structure shall be located at least 30 feet from any other detached single-family structure, and shall provide a minimum side yard setback of 15 feet on both sides. To accommodate side entry garages in a single-family subdivision or site condominium, houses may be offset, with a minimum side setback of ten feet on one side, provided that the minimum distance between houses shall be 30 feet. This option shall be permitted only on blocks where, prior to any housing construction, the minimum side setbacks and garage orientation have been designated for every lot on the approved final preliminary plat or site condominium plan.

2.

The minimum rear yard setback and minimum lot size for detached single-family structures in a planned development shall be based on good planning and design principles, taking into account the degree of compatibility between adjoining uses, sensitivity to the characteristics of the site, the need for free access for emergency vehicles, the need for adequate amounts of light and air between buildings, and the need for proper amounts of open space for the exclusive use of residents on the site.

3.

Residential buildings containing more than one unit (i.e., apartments, townhouses, attached dwellings) shall conform to the spacing requirements set forth in section 19.03.

4.

Nonresidential buildings or uses shall be located at least 100 feet from any residential buildings, unless it is demonstrated that a lesser setback would be reasonable because of the orientation and design of buildings, proposed screening and landscaping, or other features that would minimize any adverse impact of nonresidential uses.

5.

The distance between adjacent freestanding nonresidential structures shall be based on good planning and design principles, taking into account the need for: Free access for emergency vehicles; adequate amounts of light and air between buildings; and proper amounts of landscaping.

Modification to these building spacing requirements may be approved by the township board, upon recommendation from the planning commission, upon making the determination that other building spacing requirements would be more appropriate because of the particular design and orientation of buildings.

F.

Building height. Buildings within a planned development shall comply with the following height requirements: residential buildings: 30 feet; commercial and office buildings: 30 feet; industrial buildings: 35 feet.

G.

Parking and loading. Planned developments shall comply with the parking and loading requirements specified in article 14.00 of this Zoning Ordinance, except that off-street parking for separate buildings or uses may be provided collectively, subject to the following:

1.

The total number of spaces provided collectively shall be based on evidence, consisting of projected hourly parking demand for each use, demonstrating that sufficient spaces will exist to meet parking needs at all times.

2.

Each use served by collective off-street parking shall have direct access to the parking without crossing roads.

3.

The collective off-street parking shall not be located farther than 500 feet from the building or use being served.

H.

Landscaping. Planned developments shall comply with the following landscaping requirements:

1.

General site requirements. All unpaved portions of the site shall be planted with grass, groundcover, shrubbery, or other suitable live plant material, which shall extend to any abutting street pavement edge. Seeded areas shall be watered and fertilized regularly so as to provide a healthy lawn within 90 days after planting.

2.

Landscaping adjacent to roads. All planned developments shall comply with the following requirements:

a.

A minimum of one deciduous or evergreen tree shall be planted for each 40 lineal feet or portion thereof of road frontage, PLUS, a minimum of one ornamental tree shall be planted for each 100 lineal feet or portion thereof of road frontage, plus, a minimum of eight shrubs shall be planted for each 40 lineal feet or portion thereof of road frontage. For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted. Trees and shrubs may be planted at uniform intervals, at random, or in groupings. Where appropriate, it is intended that new landscaping enhance and complement the rural landscape, based on the principles set forth in the ten mile road corridor plan. All landscaping adjacent to roads shall comply with the corner clearance requirements in section 12.08.

3.

Berm requirements. Wherever front, side, or rear yards adjacent to public rights-of-way are used for parking, a landscaped berm shall be required to screen the parking from view of the road. The berm shall be a minimum of three feet in height, have a maximum slope of four feet horizontal for one foot vertical, and be planted in accordance with the previous requirements for landscaping adjacent to roads. Alternatively, parking may be screened from the road with a three-foot high evergreen screen, which shall meet the requirements of section 15.02, subsection F. Where a landscaped berm or evergreen screen are not feasible, parking may be screened from the road with a three-foot high red or brown brick wall.

4.

Screening. Screening in the form of a landscaped berm, greenbelt, or wall shall be required wherever a nonresidential use parking is located adjacent to a residential use, school, park, or similar public area. Landscaped screening shall consist of closely-spaced evergreen plantings, which can be reasonably expected to form a complete visual barrier that is at least six feet above ground level within three years of planting. Deciduous plant materials may be used provided that a complete visual barrier is maintained throughout the year. If a wall is used instead of landscaping, the wall shall comply with the requirements in section 15.08.

5.

Parking lot landscaping. Off-street parking areas containing greater than 15 spaces shall be provided with at least ten square feet of interior landscaping per parking space. Landscaped areas in parking lots shall be not less than ten feet in any single dimension, and no less than 150 square feet in area.

6.

Standards for plant material. Proposed plant materials shall comply with the standards set forth in section 15.04.

7.

Treatment of existing plant material. In instances where healthy plant material exists on the site prior to its development, the township may permit substitution of such plant material in place of the requirements set forth previously, provided such substitution is in keeping with the spirit and intent of this article and the ordinance in general.

8.

Design flexibility. In consideration of the overall design and impact of a specific landscape plan, and in consideration of efforts to maintain the natural landscape, the planning commission may modify the specific landscape requirements outlined herein, provided that any such modifications are in keeping with the intent of this article.

I.

Open space requirements. Planned developments containing a residential component shall provide and maintain contiguous usable open space that is accessible to all residents, which shall comply with the following requirements:

1.

A minimum of 20 percent of the gross area of the site (buildable and nonbuildable acreage) that is designated for residential use shall be set aside for such open space.

2.

Any pervious land area may be included as required open space, except as follows:

a.

No more than 25 percent of the required usable open space shall include the area of any waterbodies or wetlands which are covered only periodically with standing water (such as hardwood swamps or "wet" meadows).

Required usable open space shall not include the area of any designated wetland that is covered by water or muck such that it is not a suitable environment for walking or similar passive leisure pursuits.

b.

Required usable open space shall not include the area of any public or private road, the area of any easement providing access to the site, the area of any commercial recreation use (such as a golf course), or the area of any stormwater detention or retention ponds.

3.

The required open space shall be set aside by the developer through an irrevocable conveyance, such as deed restrictions or covenants that run with the land or through a conservation easement, assuring that the open space will be developed according to the site plan and never changed to another use. Such conveyance shall:

a.

Indicate the approved use(s) of the required open space.

b.

Provide a legal description of the open spaces to be conserved.

c.

Provide for the privately-owned open space to be maintained by private property owners with an interest in the open space.

d.

Provide maintenance standards and a maintenance schedule.

e.

Provide for assessment of the private property owners by the Charter Township of Lyon for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance.

J.

Frontage and access.

1.

Planned developments shall front onto a paved major thoroughfare or collector road (as designated in the township master plan) or state trunkline, and the main means of access to the development shall be via the major thoroughfare, collector road, or state trunkline. All roads fronting a planned development shall be paved. In lieu of paving, a developer may contribute an amount equal to the cost of required paving to the township road fund, subject to township board approval. The nearest edge of any entrance or exit road shall be located no closer than 400 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

2.

All roads in a planned development shall be dedicated to the public, and no private roads shall be permitted except in the following circumstances:

a.

To allow continuation of existing private roads within a planned development or site condominium, except where connection to a public road is feasible; or

b.

To allow extension of an existing private road where the private road is the only means of access to a parcel.

3.

Individual residential dwelling units in a planned development shall not have direct access onto a major thoroughfare, collector road, or state trunkline. The planned development should be designed so that through-traffic, including traffic generated by nonresidential uses within the planned development, is discouraged from traveling on residential streets.

K.

Natural features. The development shall be designed to promote preservation of natural resources and natural features. If natural animal or plant habitats of significant value exist on the site, the planning commission or township board may require that the planned development plan preserve the areas in a natural state and adequately protect them as open space preserves or passive recreation areas. One hundred percent of any preserved natural area may be counted toward meeting the requirements for open space, except that designated wetlands which cannot be developed or utilized due to local, state, or federal regulations shall not be counted as required open space except as permitted in subsection I, above.

L.

Bike paths and sidewalks. A public bicycle path or sidewalk shall be required along adjoining principal arterial, minor arterial, and collector roads (as illustrated on the bicycle path and sidewalk master plan map). In addition, five-foot wide sidewalks shall be installed on both sides of streets or private roads within proposed subdivisions and single-family condominium developments having an average lot size of 15,000 square feet or less, and on both sides of streets or private roads within multiple-family residential developments. Bicycle paths and sidewalks shall comply with the Lyon Township's Bicycle Path and Sidewalk Ordinance.

M.

Stormwater detention or retention. Required stormwater detention or retention shall be provided in open unfenced detention or retention basins. These basins shall be incorporated into the landscaping or open space plan for the development so that they have the appearance of an appealing natural feature. Stormwater detention or retention shall comply with the township's engineering standards.

N.

Additional considerations. The planning commission shall take into account the following considerations, which may be relevant to a particular project: Thoroughfare, drainage; utility design and capacity of the utility systems; road capacity; underground installation of utilities; insulating the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and, noise reduction and visual screening mechanisms, particularly in cases where nonresidential uses adjoin off-site residentially-zoned property.

O.

Industrial activity statement. Industrial uses shall complete an industrial activity statement, as specified in section 33.03, subsection K.

(Ord. No. 01-16, pt. 2, 2-1-2016; Ord. No. 01-18, § 1, 1-2-2018)

The approval of a planned development application shall require an amendment to the Zoning Ordinance to revise the zoning map and designate the subject property as "PD, planned development." Approval granted under this article, including all aspects of the final plan and documentation and conditions imposed thereon, shall constitute an inseparable part of the zoning amendment.

A.

Summary of review procedures. A summary of the steps involved in the review of planned development applications follows:

A detailed explanation of the review procedures follows. If a proposal is inconsistent with the master plan future land use map and/or zoning map, then additional steps may be required to amend the future land use map or change the underlying zoning to achieve consistency with the planned development as described in section 7.02, subsection D, and section 7.03, subsection B. Where a change to the underlying zoning is required, final action on the rezoning shall not be taken until immediately prior to action on the final planned development plan.

Planned Development Review Process

B.

General application requirements.

1.

The application for planned development shall be made on the forms and according to the guidelines approved by the planning commission. The application shall be submitted to the township planning department and shall be accompanied by the required fees. The applicant shall be responsible for all costs incurred to process and review the application. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.

2.

All information required for conceptual, preliminary, or final review shall be submitted to the planning department at least 28 days prior to the planning commission or township board meeting in order to be eligible for consideration. Notwithstanding the 28-day time limit, a case may be withheld from an agenda because of deficiencies to the plans, public notice requirements, or the planning commission's or township board's need to manage their caseload.

C.

Pre-application conference.

1.

In order to facilitate review of a planned development proposal in a timely manner, the applicant may request an informal pre-application conference with the township planner, township engineer, township attorney, and staff. The purpose of such a conference is to provide information and guidance to the applicant that will assist in preparation of the application and supporting materials.

2.

The applicant shall present at such a conference or conferences, at minimum, a sketch plan of the proposed planned development, plus a legal description of the property in question; the total number of acres in the project; a statement of the approximate number of residential units and the approximate number of acres to be occupied by each type of use; the number of acres to be preserved as open or recreational space; and, all known natural resources and natural features to be preserved.

3.

No formal action shall be taken at a pre-application conference. At any time during the course of preparation of plans prior to submission of a formal application, the township shall upon request provide information concerning Zoning Ordinance procedures and standards.

D.

Conceptual review. Planned development projects are required to undergo a conceptual review process in order to facilitate a complete and thorough review prior to approval. This requirement is deemed necessary because planned development projects are generally large or complex projects with higher intensity development that could have a major impact on surrounding land uses and significantly affect the health, safety and general welfare of township residents.

1.

Conceptual review procedure. All planned development projects shall undergo a conceptual review, which shall be undertaken first by the planning commission and then by the township board at public meetings held pursuant to all applicable notice requirements. No formal action shall be taken on a plan submitted for conceptual review. Upon completion of the conceptual review by the planning commission and township board, the minutes of the conceptual review meetings shall be prepared and be made available for the benefit and use of the planning commission and township board during the formal consideration of the proposal.

2.

Information required for conceptual review. The information required for conceptual review shall be provided according to the requirements of section 7.05, subsection A, of this Ordinance and shall be submitted to the planning department for review. If complete and accurate plans and documents are submitted at least 28 days prior to a planning commission or township board meeting, as appropriate, the case will be eligible to be placed on the meeting agenda (although placement on an agenda may be delayed due to other scheduling priorities).

3.

Effect of conceptual review. The conceptual review shall not constitute any form of approval of the planned development or the site plan. The process is intended to give the applicant an indication of the issues and concerns that must be resolved prior to preliminary plan review.

E.

Preliminary plan review. Planned development projects shall undergo a two-step plan review and approval process involving preliminary and final review. The procedures for preliminary review are outlined in this subsection. The preliminary site plan shall be subject to the site plan review requirements in article 5.00 of this Ordinance, where applicable, as well as the additional requirements in this section.

1.

Information required for preliminary plan review. The information required for preliminary review shall be provided according to the requirements of section 7.05, subsection B. The applicant shall submit copies of the preliminary plan and supporting materials to the planning department for review (the planning department shall determine the number and size of plans required). If complete and accurate plans and documents are submitted at least 28 days prior to a planning commission meeting, the case will be eligible to be placed on the meeting agenda (although placement on an agenda may be delayed due to other scheduling priorities).

2.

Amendment to the underlying zoning. If revisions to the underlying zoning are required pursuant to subsection 7.03.B.5, then such revisions shall be initiated at the preliminary plan stage of review. The rezoning shall be initiated by submitting a completed application for amendment to the zoning map, which shall be accompanied by a metes and bounds description of the property that is subject to rezoning. The rezoning request may be processed concurrently with the planned development application, but final action on the rezoning shall be delayed until immediately prior to final planned development plan approval.

3.

Professional review. The township planner and township engineer shall submit written reviews of the preliminary plan to the planning commission, whenever possible at least five days prior to the meeting at which the case will be discussed. Input from other agencies, such as the road commission or drain commission, may be sought.

4.

Public hearing. The planning commission shall hold a public hearing on each planned development proposal.

a.

Scheduling of public hearing. The township administrator (supervisor or his/her designee) shall schedule a public hearing after any designated agencies or consultants have completed their reviews and submitted their findings concerning the proposed project.

b.

Notice requirements. Publication in a newspaper and written notification of the public hearing shall be made as set forth in subsection 4.05(a). In addition, the applicant must, at his/her expense, install rezoning sign(s) on the property at least 15 days prior to the public hearing, in compliance with subsection 9.03(B).

5.

Planning commission preliminary review. The planning commission shall review the preliminary plan and application for planned development, together with the public hearing findings and any requested reports and recommendations from the building official, township planner, township attorney, township public safety officials, township engineer, and other reviewing agencies. The planning commission shall then make a recommendation to the township board, based on the requirements and standards of this Ordinance. The planning commission may recommend approval, approval with conditions, or denial as follows, or the commission may table action on the case:

a.

Approval. Upon determination by the planning commission that the preliminary plan is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, and that the proposed development would be beneficial to the public health, safety, and welfare and orderly development of the township, the planning commission shall recommend approval.

b.

Approval with conditions. The planning commission may recommend that the township board impose reasonable conditions upon the approval of a preliminary planned development plan, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, protecting the natural environment and conserving natural resources and energy, insuring 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 the natural resources and the public health, safety and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this Ordinance and the standards set forth in section 7.06.

c.

Denial. Upon determination by the planning commission that a preliminary planned development proposal does not comply with the standards and regulations set forth in this Ordinance, including section 7.06, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the township, the planning commission shall recommend denial.

d.

Table. If the planning commission determines that there is additional information needed to make a decision, and the developer is willing to provide such information, then the commission may table the case to a subsequent meeting.

6.

Transmittal of findings to township board. The township planner shall prepare and transmit a report to the township board stating it's the planning commission's conclusions and recommendation, the basis for the planning commission's recommendation, and any recommended conditions relating to an affirmative decision.

7.

Township board action. Following receipt of the planning commission's recommendation, the application shall be placed on the township board's next available meeting agenda after the approved planning commission meeting minutes are available. The township board shall review the preliminary plan, together with the findings of the planning commission and the planning commission approved minutes, and the reports from the township planner, township engineer, township attorney, and other review agencies. Following completion of its review, the township board shall approve, approve with conditions, or deny a preliminary planned development proposal in accordance with the guidelines described previously in section 7.04, subsection E. If the township board determines that there is additional information needed to make a decision, and the developer is willing to provide such information, then the board may table the case to a subsequent meeting and/or remand the case to the planning commission for further review.

8.

Effect of preliminary approval or denial. A preliminary approval shall mean that the planned development project and plan generally meet the requirements of this Ordinance. Subject to any conditions imposed by the township board as part of its motion, final approval will be granted if:

a.

All state and county approvals are obtained;

b.

No unresolved negative comments are received by any governmental agencies or public utilities; and

c.

All federal, state and local laws and ordinances are met; and

d.

All conditions imposed during preliminary plan approval are met.

An unresolved negative comment shall be one that indicates the existence of a condition which is contrary to the requirements of this Ordinance or other applicable ordinances or laws, where such requirement has not been waived or dismissed as a result of an approval by the planning commission and township board.

A denial shall mean that the proposed project and plan does not meet the requirements of this Ordinance. Any denial shall specify the reasons for denial and those requirements of the ordinance that are not met.

If the township board determines that revisions are necessary to bring the planned development proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan for further review by the planning commission and township board.

Preliminary plan approval expires two years after the date of township board approval. However, 12-month extensions may be granted by the planning commission, provided that the developer demonstrates that he/she is making substantial progress toward application for final planned development approval. Evidence of "substantial progress" may include, but is not limited to:

•

Progress toward securing financing for the project.

•

Completion of a draft planned development agreement.

•

Completion or progress toward completion of engineering drawings.

•

Completion of draft condominium master deed, bylaws and condominium subdivision plan.

•

Presentation of a timetable for submittal of an application for final planned development approval.

•

Tentative commitments from tenants or homebuyers.

•

If not current on taxes and assessments, then making substantial progress toward payment of taxes and assessments.

In addition, the planning commission shall make a determination that conditions on or surrounding the property have not changed to the extent that the project is no longer appropriate or feasible.

Any request for an extension shall be submitted in writing prior to expiration of the current approval. The preliminary plan shall be brought up-to-date so that it represents current conditions and zoning on and surrounding the site. The planning commission may take the conditions and zoning under consideration in its decision whether to grant an extension.

9.

State and county approval. Following preliminary plan approval by the township board, the applicant shall seek approval of the plan from local, county and state agencies that have jurisdiction over any aspect of the project. In the event that an agency cannot grant final approval based on the information currently available, then preliminary or conditional approval shall be sought to confirm the feasibility of the plan.

a.

All planned development projects shall require the review and approval of the following agencies prior to final site plan approval:

(1)

The Road Commission for Oakland County or, if any part of the project includes or abuts a state highway or includes streets or roads that connect with or lie within the right-of-way of a state highway, the Michigan Department of Transportation;

(2)

The Oakland County Drain Commission;

(3)

The Oakland County Health Division and the Michigan Department of Environmental Quality shall approve the potable water system and the wastewater disposal system; and

(4)

The department of environmental quality approval shall be required for any activity involving regulated wetlands and floodplain.

In the event that negative comments are received from any of these agencies, the planning commission and township board shall consider the nature of such comments with respect to ordinance requirements, conditions on the site, response from the applicant, and other factual data related to the issue or concern. Negative comments shall not automatically result in denial of the plan, but every effort shall be made to resolve any issues or concerns cited by these agencies prior to taking action on the plan.

b.

In addition to the specific required approvals, all planned development project site plans shall have been submitted to the Michigan Department of Natural Resources, each of the public utilities serving the site, and any other state agency designated by the planning commission, for informational purposes. The planning commission shall consider any comments made by these agencies prior to final site plan approval.

F.

Planning commission final review and recommendation. Final approval shall be considered by the planning commission upon the receipt of all the information required for final review in section 7.05, subsection C.

1.

Submission of revised site plan. The applicant shall submit copies of the revised plan to the planning department for final review by the planning commission (the number and size of plans shall be determined by the planning department). If complete and accurate plans and documents are submitted at least 28 days prior to a planning commission meeting, the case will be eligible to be placed on the meeting agenda (although placement on an agenda may be delayed due to other scheduling priorities).

2.

Final approval by planning commission. The planning commission shall review the application for planned development, together with the public hearing findings and any requested reports and recommendations from the building official, township planner, township attorney, township public safety officials, township engineer, and other reviewing agencies. The planning commission shall then make a recommendation to the township board, based on the requirements and standards of this Ordinance. If revision to the underlying zoning is required, then the planning commission shall make a recommendation on the rezoning prior to taking action on the final planned development plan. The planning commission may recommend approval, approval with conditions, denial, or table action on the case, as follows:

a.

Approval. Upon finding that the final plan and supporting documentation, including the planned development agreement, are in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, that the development will not be injurious to the public health, safety and welfare, and orderly development of the township, and that all conditions of preliminary plan approval have been met, then the planning commission shall recommend approval.

b.

Approval with conditions. The planning commission may recommend that the township board impose reasonable conditions upon the approval of a planned development, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, protecting the natural environment and conserving natural resources and energy, insuring 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 the natural resources and the public health, safety and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this Ordinance and the standards set forth in section 7.06. In the event that the planned development is approved subject to specified conditions, such conditions shall become a part of the record of approval and such conditions shall be modified only as provided in section 7.08.

Where construction is not proposed to begin immediately, or where a project is proposed for construction in phases, the planning commission may recommend that final approval be granted subject to subsequent review and approval of detailed site plans for each facility or phase, in accordance with article 5.00, provided that:

(1)

The location and approximate size of such buildings shall be shown on the overall plan for the planned development;

(2)

Detailed site plans for such buildings shall be submitted for review and approval in accordance with the site plan review requirements in article 5.00; and

(3)

The plan shall comply with the phasing requirements in section 7.07.

c.

Denial. Upon determination by the planning commission that a planned development proposal does not comply with the standards and regulations set forth in this Ordinance, including section 7.06, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the township, the planning commission shall recommend denial.

d.

Table. If the planning commission determines that there is additional information needed to make a decision, and the developer is willing to provide such information, then the commission may table the case to a subsequent meeting.

3.

Transmittal of findings to township board. The township planner shall prepare and transmit a report to the township board stating it's the planning commission's conclusions and recommendation, the basis for it's the planning commission's recommendation, and any recommended conditions relating to an affirmative decision.

G.

Township board action required. Following receipt of the planning commission's report, the application shall be placed on the township board's next available meeting agenda. The township board shall review the final plan and proposed planned development agreement, together with the findings of the planning commission and the planning commission minutes, and, reports and recommendations from consultants and other reviewing agencies. Following completion of its review, the township board shall approve, approve with conditions, or deny a planned development proposal in accordance with the guidelines described previously in section 7.04, subsection F.2. However, if the township board determines that there is additional information needed to make a decision, and the developer is willing to provide such information, then the board may table the case to a subsequent meeting and/or remand the case to the planning commission for further review. Planned development approval results in an amendment to the Zoning Ordinance, so two readings at subsequent meetings are required by the township board. If a plan is approved subject to conditions, then all such conditions shall be addressed prior to execution of the planned development agreement. Denial of a final plan by the township board terminates the approval process.

1.

Planned development agreement. If the township board approves the planned development proposal, the township and applicant shall execute the planned development agreement, which shall be recorded in the office of the Oakland County Register of Deeds. Final approval of the planned development plan shall become effective upon recording of the agreement. Evidence of the recorded agreement shall be submitted to the township, whereupon the designation on the zoning map will be changed to "PD."

2.

Effect of approval. Approval of a planned development proposal shall constitute an amendment to the Zoning Ordinance. All improvements and use of the site shall be in conformity with the planned development amendment and any conditions imposed. Notice of the adoption of the amendment shall be published by the township in accordance with the requirements set forth in this Ordinance.

H.

Recording of planning commission and township board action. Each action taken with reference to a planned development shall be duly recorded in the minutes of the planning commission or township board as appropriate. The grounds for the action taken shall also be recorded in the minutes.

I.

Completion of site design.

1.

Obtaining a building permit. Following final approval and recording of a planned development, a building permit may be obtained for the entire project or specific phases provided that:

a.

Final site plan, condominium, or subdivision plat approval for the project or phase, as applicable, has been obtained;

b.

The engineering plans for the project or phase, as applicable, have been approved by the township engineer and building official;

c.

All applicable township, county, and state permits have been obtained; and

d.

All required performance guarantees have been submitted.

2.

Maintenance of the property. The owner of the property for which approval has been granted shall maintain the property in accordance with the approved planned development plan on a continuing basis until the property is razed, or until an amendment to the planned development is approved. Any property owner who fails to so maintain an approved planned development shall be deemed in violation of the Zoning Ordinance and shall be subject to the penalties appropriate for such violation.

3.

Expansion or conversion. Prior to expansion or conversion of a planned development project to include additional land, plan review and approval shall be required pursuant to the requirements in this article and this Ordinance.

J.

Performance guarantee. A performance guarantee shall be deposited with the township to insure faithful completion of improvements, in accordance with article 17.00.

I[K].

Expiration and extension of approval.

1.

Construction shall commence on at least one phase of the project within 24 months of the date of township board approval. However, the developer may seek subsequent 12-month extensions of approval by submitting a written request to the planning department prior to the expiration date. Extension of approval is not required for an uncompleted project where there is ongoing substantial construction.

2.

A request for extension shall be reviewed first by the planning commission, who shall make a recommendation to the township board. The township board may grant an extension of up to 12 months upon finding that the approved plan represents current conditions on and surrounding the site.

3.

If construction has not commenced in accordance with subsection 1. and a request for extension has not been received in accordance with subsection 2., the planning commission shall initiate proceedings to amend the zoning classification of the site to remove the "PD" classification.

(Ord. No. 05-11, pt. II(Exh.), 4-4-2011; Ord. No. 03-12, pt. 2.B., 8-6-2012; Ord. No. 196-18, §§ 1, 2, 7-2-2018; Ord. No. 12-20, § 3, 1-4-2021)

Applications for planned development shall include all data requirements specified in this section. All information required to be furnished under this section shall be kept updated until a certificate of occupancy has been issued pursuant to section 10.02 of this Ordinance.

A.

Requirements for conceptual review. It is required that the following information be provided prior to conceptual review, pursuant to subsection 7.04.D. The absence of any requested information may limit the extent to which the planning commission and township board can comment on the proposal:

1.

The name, address and telephone number of:

a.

All persons with an ownership interest in the land on which the planned development project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, lessee, or land contract vendee).

b.

All engineers, attorneys, architects or registered land surveyors associated with the project.

c.

The developer or proprietor of the planned development project.

2.

The legal description of the land on which the planned development project will be developed together with appropriate tax identification numbers.

3.

The area of the land (in acres) on which the planned development project will be developed.

4.

An overall conceptual land use plan for the planned development, drawn to scale. The overall plan shall graphically represent the development concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, and approximate locations of each principal structure and use in the development. The overall plan shall indicate types of residential use; office, commercial, industrial, and other nonresidential uses; each type of open space; community facility and public areas; and other proposed land uses.

5.

The conceptual land use plan shall also show the following information:

a.

A general location map.

b.

The vehicular circulation system planned for the proposed development.

c.

The location of existing private and public streets adjacent to the proposed development with an indication of how they will connect with the proposed circulation system for the new development.

d.

The approximate layout of dwelling units, parking, open space, and recreation/park areas.

e.

Landscaped screening proposed along the perimeter of the development.

6.

Approximate number of nonresidential buildings and residential units proposed to be developed on the subject parcel. For residential developments, an analysis shall be provided to determine the number of units that could be developed on the property under conventional zoning. The analysis shall consist of a parallel plan as described in section 7.03.C.

7.

Topographic survey and soils inventory based on the Oakland County Soils Survey.

8.

General locations and approximate dimensions of wetland areas, floodplains, and significant site features such as tree stands, unusual slopes, streams and water drainage areas.

9.

A description of the proposed sewage treatment and water supply systems. Plans should be sufficiently detailed to demonstrate compliance with the Lyon Township's Utility Ordinance.

10.

Proposed stormwater management and drainage system.

11.

A map showing existing zoning designations for the subject property and all land within one-quarter mile.

12.

A map and written explanation of the relationship of the proposed planned development to the township's master plan for future land use.

13.

Maps and written analysis of the significant natural, cultural, and geographic features of and near the site. Features which shall be considered include existing vegetation, topography, watercourses, wildlife habitats, streets and rights-of-way, easements, structures and soils.

14.

An analysis of the traffic impact of the proposed planned development on existing and proposed streets.

15.

An analysis of the fiscal impact (costs and revenues) of the proposed planned development on the Charter Township of Lyon and the school district in which the development is located.

16.

Documentation that the applicant has sufficient development experience to complete the proposed project in its entirety (e.g., provide a list of developments completed by the applicant in the past ten years, with a description of the project, number of units, and time required to complete).

17.

A general schedule for completing the planned development, including the phasing or timing of all proposed public and private improvements.

B.

Requirements for preliminary review. In addition to the requirements in article 5.00 and applicable information specified on the site plan checklist, the following information shall be included on, or attached to, all planned development plans submitted for preliminary review:

1.

All preceding information required for conceptual review.

2.

A detailed overall plan for the planned development which shows all of the information required on the conceptual land use plan, plus the following:

a.

Locations and setbacks of each structure and use in the development.

b.

Typical layouts and facade design for each type of use or building. Detailed information, including floor plans, facade elevations, and other information normally required for site plan review, shall be provided for buildings which are proposed for construction in the first phase.

c.

The building footprint of proposed buildings. In the case of single-family detached development, the plan should indicate the setbacks and outline of the area within which a house could be constructed on each lot.

d.

The vehicular circulation system planned for the proposed development.

e.

The proposed layout of parking areas, open space and recreation/park areas.

f.

Proposed landscape screening along the perimeter and within the site, including greenbelts, berms and screening walls.

3.

The precise number of nonresidential and residential units to be developed on the subject parcel.

4.

An environmental analysis of the land, including a hydrology study, analysis of soil conditions, and analysis of other significant environmental features. The hydrology study shall consist of information and analysis in sufficient detail (as determined by the township engineer) to indicate the impact of the project on surface water and groundwater.

5.

Specific locations and dimensions of wetland areas and significant site features such as tree stands, unusual slopes, streams and water drainage areas.

6.

A complete description of the proposed sewage treatment and water supply systems, including documentation from a qualified engineer indicating the feasibility of implementing such systems.

7.

Preliminary approval by the Oakland County Health Division and/or Michigan Department of Environmental Quality of the proposed septic system or sewage treatment system and water system.

8.

Stormwater and drainage system details.

9.

Location of bike paths and sidewalks along roads and elsewhere within the development.

10.

A specific schedule for completing the planned development, including the phasing or timing of all proposed improvements.

C.

Requirements for final review. In addition to the requirements in article 5.00 and applicable information specified on the site plan checklist, the following information shall be included on, or attached to, all planned development plans submitted for final review:

1.

All information required for conceptual and preliminary review as specified in section 7.05, subsections A. and B., previously, and as specified as conditions of preliminary planned development approval.

2.

Detailed site plans for all buildings and uses which the applicant intends to begin construction on immediately upon final planned development approval. Where construction is not proposed to begin immediately or where a project is proposed for construction in phases, the planning commission may recommend that final approval be granted subject to subsequent review and approval of detailed site plans for each facility or phase, in accordance with article 5.00.

3.

Detailed engineering plans for all portions of the project which the applicant intends to begin construction on immediately upon final planned development approval. Where construction is not proposed to begin immediately or where a project is proposed for construction in phases, the planning commission may recommend that final approval be granted subject to subsequent review and approval of detailed engineering plans for each facility or phase. Such plans shall be prepared in accordance with the township engineering standards, and shall at minimum include the following:

a.

Engineering plans for all roads, drive aisles and paved areas.

b.

Site drainage plans, including retention and/or detention areas.

c.

Engineering plans for proposed utility systems, including sanitary sewerage and water systems.

d.

Plans for controlling soil erosion and sedimentation during construction.

4.

Following approval of a planned development proposal and an amendment to the Zoning Ordinance per section 7.04, subsection G., final site plan and engineering review and approval shall be required prior to obtaining a building permit and commencement of construction for each facility or phase.

5.

A draft planned development agreement, setting forth the terms and conditions negotiated and to be agreed to by the applicant and the township, and upon which approval of the planned development proposal will be based. The planned development agreement shall, at minimum, include the following:

a.

A description of the land that is subject to the agreement.

b.

A description of the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings.

c.

History of the review procedures and action taken by the planning commission or township board.

d.

List of all plans, documents, and other materials submitted by the applicant.

e.

Review and explanation of all special provisions agreed to by the applicant and township during the course of review of the planned development proposal.

f.

An explanation of all public improvements to be undertaken by the applicant or the township in conjunction with the proposed planned development project.

g.

Description of any required dedications and permits.

h.

Confirmation that the proposed development is consistent with applicable township ordinances and planning objectives.

i.

Duration of the planned development agreement, along with terms under which a termination date may be extended by mutual agreement.

j.

Applicability of future amendments to the general zoning regulations to land that is subject to the proposed planned development agreement.

k.

Extent to which the planned development plan may be modified subject to administrative approval, planning commission approval, or township board approval.

l.

Copies of permits and the conditions of approval received from local, county, or state agencies have jurisdiction over any aspect of the project.

(Ord. No. 01-16, pt. 3, 2-1-2016)

In considering any application for approval of a planned development plan, the planning commission and township board shall make their determinations on the basis of the standards for site plan approval set forth in article 5.00, as well as the following standards and requirements:

A.

Conformance with the planned development concept. The overall design and all uses proposed in connection with a planned development shall be consistent with and promote the intent of the planned development concept, as well as with specific project design standards set forth herein.

B.

Compatibility with adjacent uses. The proposed planned development shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design and layout features which exhibit due regard for the relationship of the development to surrounding properties and the uses thereon. In determining whether this requirement has been met, consideration shall be given to:

1.

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

2.

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

3.

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

4.

The hours of operation of the proposed uses.

5.

The provision of landscaping and other site amenities.

6.

The anticipated level of noise, vibration, smoke, odor or other environmental discharge.

C.

Public services. The proposed planned development shall not exceed the capacity of existing and available public services, including but not necessarily limited to, utilities, public roads, police and fire protection services, and educational services, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the planned development is completed.

D.

Impact of traffic. The planned development shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses. In determining whether this requirement has been met, consideration shall be given to:

1.

Access to major thoroughfares.

2.

Estimated traffic to be generated by the proposed development.

3.

Proximity and relation to intersections.

4.

Adequacy of driver sight distances.

5.

Location of and access to off-street parking.

6.

Required vehicular turning movements.

7.

Extent and nature of road improvements.

8.

Provisions for pedestrian and bicycle traffic.

E.

Protection of natural environment. The proposed planned development shall be protective of the natural environment, and shall be in compliance with all applicable environmental protection laws and regulations. Every feasible effort shall be made to preserve distinctive natural features, such as woods, wetlands, streams, and wildlife habitat, and incorporate such features into the design of the planned development. Buildings and structures in planned developments shall comply with the wetlands and watercourse setback requirements specified in footnote "f" of the Schedule of Regulations, section 36.02. Planned developments shall comply with the lot coverage regulations in section 36.02, Schedule of Regulations.

F.

Compatibility with the master land use plan. The proposed planned development shall be consistent with the general principles, goals, objectives of the adopted township master plan for future land use..

G.

Compliance with applicable regulations. The proposed planned development shall be in compliance with all applicable federal, state and local laws and regulations.

Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the planned development and the residents of the surrounding area. In addition, proposed phasing shall comply with the following requirements:

A.

Coordination of residential and nonresidential components.

1.

In developments which include residential and nonresidential components, the residential component shall be completed at the same rate or prior to the nonresidential component. For example, if 50 percent of the nonresidential component is proposed to be completed in a certain phase, then at least 50 percent of the residential component should be completed in the same phase. One hundred percent of the residential component shall be completed prior to the final phase of nonresidential construction. The construction of roads, utilities, and other infrastructure shall be considered completion of a residential component, where the intent is to sell lots to others who will construct the housing units.

2.

The purpose of this provision is to ensure that planned developments are constructed in an orderly manner and, further, to ensure that the planned development approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land use. For purposes of carrying out this provision, the percentages shall be approximations as determined by the planning commission based on the floor area and land area allocated to each use. Such percentages may be varied should the township board, upon recommendation from the planning commission, determine that the applicant has presented adequate and effective assurance that the residential component or components of the project shall be completed within the specified period.

B.

Commencement of construction.

1.

Construction of any facility in the first or only phase of a project shall commence within 24 months of the date of township board approval.

2.

However, the applicant may submit a revised phasing plan for review and approval by the township's administrative team. The applicant shall also submit a statement indicating the conditions which made the previous phasing plan unachievable. Once construction of a planned development has commenced, approval of a revised phasing plan shall not be unreasonably withheld or denied; provided that the revised phasing does not materially change the integrity of the approved planned development proposal.

3.

If construction has not commenced in accordance with subsection 1. and a revised phasing plan has not been received in accordance with subsection 2., the planning commission shall initiate proceedings to amend the zoning classification of the site to remove the "PD" classification.

(Ord. No. 12-20, § 3, 1-4-2021)

A.

General revisions. Approved final plans for a planned development may be revised in accordance with the procedures set forth in section 7.04.

B.

Minor revisions to approved planned development plans and agreements shall require final planned development approval only by the planning commission and township board, pursuant to section 7.04, subsections F and G. Minor revisions are those that: 1) will not adversely affect the initial basis for granting approval; and 2) will not adversely affect the overall planned development in light of the intent and purpose of such development.

Examples of minor revisions include, but are not limited to: 1) minor lot line changes and/or minor changes in the road alignment in a residential development; 2) changes to the landscaping plan that was part of the approved planned development plans; and 3) change in land use to permit farming on the undeveloped portion of planned development. Revisions that affect the layout of utilities shall not be considered minor.

Revisions not deemed minor may be approved according to the process outlined in section 7.04.

(Ord. No. 04-13, pt. 3, 11-4-2013)