Sec. 7B.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. 7B.1. A Site Condominium Development ("SCD") shall be approved by an ordinance which amends the zoning map and specifies terms and conditions of approval of the SCD. An approving ordinance, including all aspects of the final plan and conditions imposed on the development, shall be considered as part of the Zoning Ordinance, although it need not be incorporated into the codified ordinances of general application. Violation of any provision of a site condominium development ordinance shall be a violation of the Zoning Ordinance.

Sec. 7B.2.

A.

Lands proposed for SCD rezoning shall have an area of at least twenty (20) contiguous acres.

B.

A proposed SCD shall satisfy all of the following minimum requirements:

a.

The SCD shall result in substantial benefit to the users of the development and to the Township.

b.

The SCD shall not result in a significant increase in the need for public services and facilities and shall not place a significant burden upon surrounding lands or the natural environment, unless any resulting adverse effects are adequately provided for or are mitigated by features of the SCD as approved.

c.

The SCD shall be compatible with the Township Master Plan and consistent with the intent and purposes of this chapter.

Sec. 7B.3.

A.

Land, buildings and structures in the SCD shall be used only for the permitted uses stated in the AR Agricultural Residential District.

B.

The Planning Commission may consider Two-Family and Multi-Family Dwellings as part of a Residential Planned Unit Development.

Sec. 7B.4.

A.

Optional Pre-application Conference. Before submitting an application for a SCD, the applicant may meet with the Planning Commission to submit information regarding the proposed SCD and to confer with the Planning Commission about any proposed application and the SCD.

B.

Preliminary Development Plan

a.

An applicant for SCD rezoning shall submit 12 copies of a preliminary development plan of the development which contains the following information:

i.

Legal description of the lands and street addresses thereof

ii.

Area of the SCD lands

iii.

A narrative describing

1.

The nature of the project

2.

The proposed density, number, and types of dwelling units

3.

A statement describing how the proposed SCD meets the objectives of the SCD District.

4.

Proof of ownership or legal interest in the SCD 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 SCD 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 SCD, 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. Informal notice of such advisory hearing shall be given by one publication and by mail to all persons to whom any real property is assessed within 300 feet of the lands included in the SCD, not less than seven days prior to the date of the advisory public hearing. Failure to give notice of such and 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 SCD rezoning shall be forwarded to the Planning Commission. The plan shall also state the projected time for completion of the SCD, any proposed phasing of the SCD, and the projected time for 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 the Township Zoning Act for the rezoning of lands.

G.

Recommendation by Planning Commission. After 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 SCD, 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, the landowners in the vicinity of the 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.

Sec. 7B.5. The following minimum design and development standards and requirements shall apply to a Site Condominium Development:

A.

The maximum building density of the SCD 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 SCD 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 SCD 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.