Sec. 7A.0. This chapter is intended to authorize greater flexibility, creativity, and design in the development of lands used for residential purposes, through the establishment of preplanned areas in accordance with plans approved by the Township under the requirements and procedures of this chapter.

Sec. 7A.1. A Planned Unit Development ("PUD") shall be approved by an ordinance which amends the zoning map and specifies terms and conditions of approval of the PUD.

4.

Proof of ownership or legal interest in the PUD lands.

iv.

Location sketch of the site in relation to surrounding and nearby lands

v.

Date, north arrow and scale which shall not be more than 1" = 100'

vi.

All lot lines or other property lines with dimensions.

vii.

Existing and proposed topographical contours with a minimum of five (5) foot intervals

viii.

Location of existing natural resources, including existing vegetation, drainage courses, wetlands, lakes, streams, and other bodies of water and all areas within the 100-year floodplain.

ix.

Existing zoning and land use of the proposed site and adjacent and nearby lands.

x.

Location, size, and type of all existing and proposed buildings and structures.

xi.

Location of all existing structures within one hundred (100) feet of the property lines.

xii.

Location of proposed landscaping, buffering, and screening.

xiii.

Location and dimensions of all existing and proposed streets, driveways, and parking areas.

xiv.

Location of proposed facilities for management and control of storm water drainage, including proposed detention and/or retention areas, drainage flow areas, storm sewers and other facilities.

xv.

Location and nature of facilities for water supply and sanitary sewer service.

xvi.

Size and location of all areas devoted to open space.

xvii.

Statement of all uses that are to be conducted on the lands and the location of all such uses.

xviii.

Location and description of existing and proposed signs and exterior lighting.

xix.

Proposed restrictive covenants, if any, for the development.

b.

If required by the Planning Commission, the preliminary development plan shall include additional information reasonably necessary for the review and consideration of the proposed development and the effects thereof. Such other information may include a traffic impact analysis, environmental impact statement, economic studies, and other relevant data and background information.

c.

The Planning Commission may, in addition, require that the applicant obtain comments from the County Health Department, County Road Commission, County Drain Commission, Department of Natural Resources, Department of Environmental Quality, Department of Transportation, and other governmental agencies regarding possible or likely effects of the proposed PUD on matters within their respective jurisdictions.

C.

Review of Preliminary Development Plan. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD, together with any recommended changes thereof. The recommendations shall be based upon the requirements of this chapter.

D.

Advisory Public Hearing. In the course of its consideration of the preliminary development plan, the Planning Commission may, but is not required to, convene an advisory public hearing to receive public comments concerning the preliminary development plan. Notice of such advisory hearing shall be given in accordance with the requirements of Section 18.6 of this Ordinance. Failure to give notice of such an advisory public hearing shall not affect the validity of the proceedings.

E.

Final Development Plan. After receiving the recommendations of the Planning Commission concerning the preliminary development plan, the applicant shall submit 12 copies of a final development plan to the Township. The final development plan shall contain the information required for a preliminary development plan and shall address other matters requested by the Planning Commission. Copies of the final development plan and an application for the PUD rezoning shall be forwarded to the Planning Commission. The plan shall also state the projected time for completion of the PUD, any proposed phasing of the PUD, and the projected time for the completion of each phase.

F.

Public Hearing on Final Development Plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning. Notice of the hearing shall be given in the manner required by Section 18.6 of this Ordinance.

G.

Recommendation by Planning Commission. After the public hearing, the Planning Commission, the Township Board shall approve, deny, or approve with conditions the rezoning of the lands in accordance with the final development plan. A building permit shall not be issued until the Township Board has approved the final development plan and the rezoning has become effective.

H.

Consideration by Township Board. After receiving the recommendation of the Planning Commission, the Township Board shall approve, deny, or approve with conditions the rezoning of the lands in accordance with the final development plan. A building permit shall not be issued until the Township Board has approved the final development plan and the rezoning has become effective.

I.

Conditions of Approval. The Township Board may impose reasonable conditions upon its approval of a PUD, so as to protect the environment and conserve natural resources and energy to ensure compatibility with adjacent use of lands, and promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

They shall be designed to protect natural resources, the health, safety and welfare of those who will use the proposed development and the community as a whole.

b.

They shall be related to the valid exercise of the Township's regulatory authority.

c.

They shall be consistent with the intended purposes of this Zoning Ordinance and be necessary to ensure compliance with the standards established in this chapter.

(Ord. No. 06-21, §§ 2, 3, 9-7-2006)

Sec. 7A.5. The following minimum design and development standards and requirements shall apply to a Planned Unit Development:

A.

The maximum building density of the PUD shall be 1 dwelling per 330 feet of road frontage. Absent special circumstances, such as unusual natural features or a development that contains a high level of favorable amenities, the maximum number of dwellings allowed in the PUD shall not exceed the total number of dwellings that would be allowed for the lands within the development under the zoning regulations pertaining to the zoning district in which the lands are located prior to the rezoning into the PUD District.

B.

Building setback requirements shall conform to such requirements as stated in the AR District, except that lesser building setbacks may be permitted based upon the natural features of the site, particular aspects of the proposed uses or other land use considerations.

C.

The height of principal buildings and structures and accessory buildings shall not exceed 35 feet.

D.

At least seventy percent (70%) of the area of the site shall be preserved in perpetuity as open space. The applicant shall provide an open space preservation and maintenance agreement or restrictions to the Township. The agreement or restrictions shall be in a form satisfactory to the Township and binding on all future owners to the property. After approval from the Township attorney, the agreement or restrictions shall be recorded in the records of the Muskegon County Register of Deeds.

E.

Open space shall be generally left in a natural condition and shall not be graded, excavated, or otherwise disturbed, except as permitted by this subsection. Drainage improvements, utility lines, riding trails, hiking trails, picnic areas, and other recreational improvements and amenities may be placed in the open space areas. All uses shall be shown on the approved final development plan.

F.

Open space shall be configured so as to preserve significant natural features and where feasible, shall be centrally located and/or located along the road frontage of the development. The open space shall be reasonably usable by residents of the PUD and shall not generally consist of areas less than one (1) acre in size, although the open space abutting a public street may be smaller if the other open space areas in the development are reasonably usable.

G.

Streets, building locations, vehicle parking areas, pedestrian ways, and utility easements shall be designed to promote public safety and compatibility of land uses.

H.

There shall be adequate and convenient access for fire and other emergency vehicles.

I.

Driveways and circulation roadways shall be designed to minimize traffic and congestion within the PUD.

J.

Grading within the PUD shall be planned and carried out so as to avoid erosion, pollution, flooding or other adverse effects upon the land or upon adjacent and nearby lands.

K.

Public or community sanitary sewer service shall be provided unless the Township board allows individual septic systems, approved by the Muskegon County Health Department.

L.

There shall be adequate and effective storm water drainage systems, subject to the approval of the Township's engineers.

M.

The placement of signs and the area, height, nature, and type thereof, and other aspects of any signs within the PUD, shall be determined by the Planning Commission and the Township Board.

Sec. 7A.6.

A.

an approved final development plan and any conditions imposed upon final PUD approval shall not be changed, except as provided in this section.

B.

A minor amendment in a PUD may be approved by the Planning Commission at a public meeting, without special notice or public hearing.

The following items shall be considered to be minor amendments:

1.

Reduction of the size of any building, structure, or sign

2.

The minor relocation or adjustment in the placement of buildings or other structures

3.

Changes in floor plans which do not alter the character of use

4.

Internal rearrangement of parking areas, if it does not affect the number of parking spaces or alter the design or location of parking area access

5.

Changes required by the Township for safety reasons

6.

Other similar changes of a minor nature to the configuration, design, layout or topography of the development plan if the Planning Commission determines the change(s) is/are not material or significant in relation to the entire site and that the change(s) will not have a significant adverse effect upon adjacent or nearby lands or the public interest.

C.

If a proposed amendment or other modification in an approved PUD is not a minor amendment, then such amendment shall be a major amendment. Major amendments shall be considered by the Planning Commission and the Township Board in the same manner and under the same procedures as an original application for PUD approval and rezoning.

Sec. 7A.7. Each PUD shall be under construction within one year of the date that the Township Board approved the rezoning in accordance with the final development plan. The Planning Commission may in its discretion grant an extension not exceeding one (1) year, if the PUD applicant submits reasonable evidence establishing that unforeseen difficulties or other special circumstances have been encountered. If a PUD has not been commenced within the required period of time, or within any authorized extension thereof, no building permits for the PUD or any part thereof shall be issued. In such case, the Planning Commission and Township Board may initiate proceedings for the rezoning of the lands to some other zoning district.