New Buffalo Township
City Zoning Code
City Zoning Code
ARTICLE 7
Land Development Options
§ 455-7.1 Planned unit development.
Intent and purpose.
The Planned Unit Development (PUD) option is intended to allow, with Township approval, private or public development which is consistent with the goals and objectives of the Township Master Plan and Future Land Use Map.
The development allowed under this section shall be considered as an optional means of development only on terms agreeable to the Township.
Use of the PUD option will allow flexibility in the control of land development by encouraging innovation through an overall, comprehensive development plan to provide variety in design and layout; to achieve economy and efficiency in the use of land, natural resources, and energy, and in the provision of public services and utilities; to encourage useful open spaces suited to the needs of the parcel in question; to provide proper housing including workforce housing; or to provide employment, service, and shopping opportunities suited to the needs of the residents of the Township.
It is further intended the PUD may be used to allow nonresidential uses of residentially zoned areas; to allow residential uses of nonresidential zoned areas; to permit densities or lot sizes which are different from the applicable district; and to allow the mixing of land uses that would otherwise not be allowed, provided other community objectives are met and the resulting development would promote the public health, safety, and welfare, reduce sprawl, and be consistent with the New Buffalo Township Master Plan and Future Land Use Plan Map.
It is further intended the development will be laid out so that land uses and building bulk will relate to one another and to adjoining existing and planned uses in such a way that they will be compatible, with no material adverse impact of one use on another.
A density bonus yielding a maximum of 12 units per acre may be awarded when the proposed development includes affordable housing per the following provisions:
Proposed PUD projects exceeding the residential density of the underlying zoning by up to 25% shall provide 10% of the total dwelling units on site as affordable as defined in this subsection. Proposed PUD projects exceeding the residential density of the underlying zoning by more than 25% shall provide 15% of the total dwelling units on site as affordable as defined in this subsection.
For the purpose of determining a density bonus, an affordable dwelling unit shall mean a dwelling unit where the rent or ownership payment comprises no greater than 1/3 of 120% of the Berrien County median income figured annually.
When the affordable dwelling unit requirement results in a fractional unit, the number of required units shall be rounded up to the nearest whole number.
The required affordable dwelling units shall be interspersed throughout the development.
Uses permitted.
A land use plan shall be proposed for the area to be included within the PUD. The land use plan shall be defined primarily by the Township Zoning Ordinance districts that are most applicable to the various areas of the PUD.
Uses permitted and uses permitted subject to special land use permit approval in this chapter (see Article 3) may be allowed within the districts identified on the PUD plan, except that some uses may be specifically prohibited from districts designated on the PUD plan. Alternatively, the Township may allow uses not permitted in the district if specifically noted on the PUD plan. Conditions applicable to uses subject to special land use permit approval shall be used as guidelines for design and layout but may be varied by the Planning Commission, provided such conditions are indicated on the PUD plan.
Qualifying standards for planned unit development. Planned unit development proposals shall meet the following qualifying standards to be considered under the PUD land development option:
The PUD site, combined across all parcels, shall not be less than five acres in area.
The PUD shall not be used where the same land use objectives can be carried out by the application of conventional zoning provisions or standards. Problems or constraints presented by applicable zoning provisions shall be identified in the PUD application.
The PUD option may be effectuated only when the proposed land use will not materially add service and facility loads beyond those considered in the New Buffalo Township Master Plan, and other public agency plans, unless the proponent can prove to the sole satisfaction of the Township that such added loads will be accommodated or mitigated by the proponent as part of the PUD.
The PUD shall not be allowed solely as a means of increasing density or as a substitute for a variance request; such objectives should be pursued through the normal zoning process by seeking a zoning change or variance.
The PUD must meet, as a minimum, four of the following nine objectives of the Township:
To permanently preserve open space or natural features because of their exceptional characteristics, or because they can provide a permanent transition or buffer between land uses.
To permanently establish land use patterns which are compatible with, or which will protect desirable existing or planned uses.
To accept dedication or set aside open space areas for public use in perpetuity.
To provide alternative uses for parcels that can provide transition between incompatible uses.
To promote the goals and objectives of the New Buffalo Township Master Plan.
To foster the aesthetic appearance of the Township through quality building design and site development; to provide trees and landscaping beyond minimum requirements; to provide pedestrian amenities beyond the minimum requirement; to preserve unique and/or historic sites or structures; or to provide open space or other desirable features of a site beyond minimum requirements.
To bring about redevelopment of sites where an orderly change of use or requirements is determined to be desirable.
To provide a diverse mix of housing options, price points, and opportunities to rent or purchase.
Procedure. The PUD application submission and review procedures follow six primary steps:
Preapplication submission and review.
Submission of PUD plan and application materials.
Planning Commission review and recommendation to approve or deny the PUD.
Berrien County review and recommendation to approve or deny the PUD.
Township Board review and final approval or denial of the PUD.
Submission of final site plans for Planning Commission approval prior to building permit issuance.
Preapplication submittal requirements and review.
Any person owning or controlling land in the Township may make application for consideration of a PUD. Such application shall be made by presenting a request for a preliminary determination to whether a development proposal qualifies for the PUD option.
The request shall be submitted to the Township and the submission shall include the information required below.
Proof the qualifying standards in this section are or will be met.
A conceptual land use plan containing enough detail to explain the role of open space; location of land use areas; streets providing access to the site and pedestrian and vehicular circulation within the site; dwelling unit density and types; and buildings or floor areas contemplated, as applicable.
A plan to protect natural features or preservation of open space or greenbelts.
A stormwater management plan incorporating low-impact development (LID) water quality technologies, such as, but not limited to, rain gardens, rooftop gardens, vegetated swales, cisterns, permeable pavers, porous pavement, and filtered stormwater structures.
The Planning Commission shall review the applicant's request for qualification. If approved, the applicant may then continue to prepare a PUD Plan on which a final determination will be made.
Based on the documentation presented, the Planning Commission shall make a preliminary determination about whether a development proposal is consistent with the intent and purpose in Subsection A and qualifies for the PUD option under the qualifying standards in Subsection D. If approved, the applicant may then continue to prepare a PUD plan and application on which a final determination will be made. An approved request for qualification is not a guarantee for final PUD approval.
Application submittal requirements and review. The application, reports, and drawings shall be filed in paper and digital format. Printed drawings shall be on 24-inch-by-36-inch sheets. All drawings shall be provided to the Township in AutoCAD®, MicroStation, or similar site civil/architectural drawing format requested by the Planning Commission. Other graphics, exhibits, text, and tabular information shall be provided in Adobe AcrobatTM PDF format. All drawings shall be created at a scale not smaller than one inch equals 100 feet unless otherwise approved by the Township.
Submittal requirements. PUD applications shall meet all the requirements of a site plan review in § 455-6.4, and shall also include the following information:
A circulation plan including all pedestrian, vehicular, and nonmotorized circulation patterns.
Transition treatment, including minimum building setbacks to land adjoining the PUD and between different land use areas within the PUD.
The general location of residential unit types and densities and lot sizes by area.
The boundaries of open space areas that are to be preserved or reserved and an indication of the proposed ownership.
A schematic landscape treatment plan for open space areas, streets and border/transition areas to adjoining properties.
Elevations of the proposed buildings using traditional building materials shall be used. Materials such as exterior insulation finish system (EIFS), fluted concrete masonry units, concrete panels, panel brick, and scored concrete masonry unit block are not considered traditional building materials.
A written statement explaining in detail the full intent of the applicant, showing dwelling unit types or uses contemplated and resultant population, floor area, parking and supporting documentation, including the intended schedule of development.
In addition, the following information may be required:
Planning Commission review and recommendation. The review of a PUD application by the Planning Commission shall follow the procedures below:
Review. Upon notification from the Township Zoning Administrator of a complete PUD plan application and technical review, the Planning Commission shall review the proposed PUD plan and make a determination about adherence to the following objectives and requirements:
The proposed PUD adheres to the conditions for qualification of the PUD option and promotes the land use goals and objectives of the Township.
All applicable provisions of this article shall be met, including those of § 455-6.3, Standards for site plan approval. If any provision of this article shall be in conflict with the provisions of any other Section of this article, the provisions of this section shall apply to the lands embraced within a PUD area.
There will be, at the time of development, an acceptable means of disposing of sanitary sewage and of supplying the development with water, and the road network, stormwater drainage system, and other public infrastructure and services are satisfactory.
State permits. Records of final permits issued by EGLE or other state agencies shall be submitted to the Township Clerk.
Public hearing. The Planning Commission shall hold a public hearing on the PUD plan and shall give notice as provided in Article 11.
Finding of facts. After the review and public hearing, the Planning Commission shall adopt a finding of fact relative to the PUD under consideration as the basis of their recommendation to approve or deny the application, along with any applicable conditions.
Recommended rezoning. After the review and public hearing, the Planning Commission shall recommend the rezoning or all lots specified in the PUD application to the PUD District.
Recommendation. The Planning Commission shall submit its recommendation to the Berrien County Planning Commission and to the Township Board, along with the technical review and finding of facts for final determination.
Berrien County Planning Commission review and recommendation.
Determination. Upon receipt of the technical review, finding of facts, and recommendation of the Planning Commission, the Berrien County Planning Commission shall have an opportunity to review the application and make a determination to recommend approval or denial of the application, as required by the Michigan Zoning Enabling Act.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
Township Board review and approval.
Determination. Upon receipt of the technical review, finding of facts, and recommendation of the Planning Commission, the Township Board shall review the application and make a determination to approve or deny the application, and any applicable conditions.
PUD development agreement. If the Township Board approves the application, it shall direct the Township Attorney to prepare a PUD development agreement setting forth the conditions on which such approval is based. The PUD development agreement shall:
Be signed by the Supervisor and the applicant.
Become effective on execution after its approval.
Be recorded at the Berrien County Register of Deeds' office by the applicant, at his or her sole expense, who shall provide a copy of the record to the Township within 45 days.
Limit the development and uses that may take place in such area to those expressly permitted under the PUD development agreement unless otherwise amended following the procedures in this section.
Submission of final site plans. Final site plans for the project area shall be submitted to the Planning Commission within 12 months of the Township Board approval. The applicant may request an extension for a period of up to one year by submitting a written request for consideration to the Planning Commission before the expiration date. Before any zoning or building permits are issued for the PUD, the Planning Commission will review and approve the following:
Review and approval of site plans shall comply with Article 6, as well as this section, except as otherwise modified in the approved plan and/or the PUD development agreement.
Before approving of any final site plans, the Planning Commission shall decide that:
All portions of the project area shown on the approved plan for the PUD for use by the public or the residents of lands within the PUD have been committed to such uses under the PUD development agreement;
The final site plans are in conformity with the approved development agreement and plan for the PUD;
Provisions have been made under the PUD development agreement to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured under the PUD development agreement;
All conditions and proposed revisions arising during the review and approval process, whether directed by the Zoning Administrator, the Planning Commission, the Township Board, or their designees, have been satisfactorily addressed and incorporated.
A dimensionally stable copy of the as-built drawings shall be submitted to the Township Clerk and a second dimensionally stable copy shall be recorded with the Berrien County Register of Deeds at the applicant's sole expense.
Termination and expiration. An approved PUD development agreement may be terminated or expire in the following ways:
An applicant or the applicant's successors or assigns may choose to terminate a PUD development agreement, before any development within the area involved, by filing with the Township and recording at the Berrien County Register of Deeds an affidavit so stating. The approval of the plan under the PUD development agreement shall terminate on such recording.
No approved plan under a PUD development agreement shall be terminated after development begins except with the approval of the Township Board and of all parties in interest in the land, unless otherwise set forth in this section.
Within one year following execution of the PUD development agreement by the Township Board, final approved site plans for an area embraced within the PUD must be filed with the Township. If such plans have not been filed within the one-year period, the right to develop the approved plan under the PUD development agreement shall be automatically terminated unless an extension is requested in writing by the applicant and authorized by the Township Board. The Township Board may authorize an extension of up to one year.
If development of approved final site plans is not substantially completed in three years after approval, further final submittals under the PUD shall stop until the part in question is completed or cause can be shown for not completing same.
If a violation of any of the conditions or standards imposed on an approved PUD is found to exist following inspection, the Zoning Administrator shall notify the owner of the premises, the applicant of the PUD, and the Planning Commission that such violation exists and that the approval will be revoked within 15 days of such notification. If said violation is not corrected within 15 days, the Planning Commission may revoke the approval. Furthermore, such a violation is hereby declared a violation of this chapter, subject to all the remedies and penalties provided for within this chapter.
Fees and performance guarantees. Fees and performance guarantees associated with the review and approval of a planned unit development shall be consistent with the requirements in Article 10.
Interpretation of approval. Approval of a PUD under this section shall be considered an optional method of development and improvement of property, subject to the mutual agreement of the Township and the applicant.
Amendments to planned unit development. Proposed amendments or changes to an approved PUD plan and/or PUD contract shall be presented to the Planning Commission and shall decide whether the proposed modification is of minor or major nature based on § 455-6.10.
Minor amendment. If determined to be a minor amendment, the Planning Commission may review and approve or deny the request. The PUD development agreement shall be modified to reflect any approved minor amendment.
Major amendment. If determined to be a major amendment, the Planning Commission shall hold a public hearing consistent with the requirements in this article as part of its review and make a recommendation to the Township Board to approve or deny the request. The Township Board shall have the final determination to approve or deny a major amendment request. The PUD development agreement shall be modified to reflect any approved major amendment.
§ 455-7.2 Manufactured home developments.
General standards. Land or buildings in the MR (Manufactured Residential) District may be used for the development of licensed manufactured home parks when approved in accordance with the requirements of Article 6 and subject to the following provisions.
The parking of more than one manufactured home on a single parcel of land or on two or more adjoining parcels of land under common ownership shall be illegal in New Buffalo Township, irrespective of the requirements of any other ordinance of New Buffalo Township, unless such parcel or parcels of land shall have been approved as a licensed manufactured home park.
All applications to establish a Manufactured Home Park District must be approved by the Township Board, upon the recommendation of the Planning Commission.
§ 455-7.3 Site condominium review.
The site plan and master deed for any condominium consisting of detached single-family or two-family dwellings (hereinafter referred to as "site condominiums") shall be subject to review and approval in accordance with Article 6. This section shall also be applicable to any amendment which increases the number of condominium units, alters the horizontal dimensions of a condominium unit or makes other non-minor changes.
In addition to other requirements of this section, the site plan for a site condominium shall include:
A description of the objective of the proposed development.
An identification of the number of units.
A utility plan for providing water, sewer, and public and private utilities.
The location and type of drainage facilities.
The proposed width, alignment, and grade of access roads indicating whether they shall be public or private.
Each site condominium unit shall comply with the applicable provisions of the chapter regarding minimum lot area, maximum frontage, and setbacks for the district in which it is located.
The site condominium shall contain all easements necessary to provide and maintain public utility services.