Traditional zoning, with its rigid separation of uses into different zones under very restricted placement controls, has now been recognized as being inappropriate to many medium and large scale developments. Planned unit developments (PUD), which modify the traditional forms of zoning, permit a developer to secure advantages which can be passed on to the general public by virtue of more desirable and more economical development. This Chapter provides a controlled degree of flexibility in the placement of structures and lot sizes and types of uses, while maintaining adequate planning and development standards. The Planned Unit Development (PUD) provisions shall apply as a Special Land Use approval in specific Zoning Districts, all in accordance with the following additional regulations. The residential PUD provisions replace the normal density, lot size, type of uses, and yard setback requirements with more general flexible requirements, and may be utilized in one or more residential Zoning Districts as one development site. The non-residential PUD provisions modify the normal type of use restrictions in separate commercial or industrial districts by allowing a wider variety of uses in a controlled planned development concept.

The objectives, principles, and standards are intended to guide the applicant in the preparation of the development plan and they shall be used as the basis for the evaluation of the plan by the Planning Commission and the City Council. The following objectives shall be considered in reviewing any application for a special Approval for any PUD in order to realize the inherent advantages of coordinated, flexible, comprehensive, long-range, planning and development of such planned development.

A.

To provide more desirable living, shopping, and working environments by preserving the natural character of open fields, stands of trees, brooks, ponds, floodplain, hills, and similar natural assets.

B.

To encourage with regard to residential use the provision of open space and the development of recreational facilities and neighborhood commercial facilities in a generally central location within reasonable distance of all living units.

C.

To encourage developers to use a more creative and imaginative approach in the development of residential areas, especially through the mixture of several housing types in one (1) development.

D.

To encourage underground utilities which can be more efficiently designed when master planning a larger area.

E.

To allow phased construction with the knowledge that subsequent phases will be constructed as originally planned and approved by the City.

F.

To reserve adequate land areas for schools, parks, and other public uses.

G.

To promote more efficient and aesthetic use of open areas.

A.

Any "Permitted or Special Land Use" within the district in which the PUD is located.

B.

Zero lot line, cluster, site condominiums, platted subdivisions or similar housing types in any Residential District.

C.

Golf courses, tennis clubs, and athletic clubs.

D.

Business uses permitted in the B-1 District may be combined with a residential PUD, provided the PUD site is at least forty (40) acres and the gross area designated for business use including parking access drives, and yards or open space shall not exceed five percent (5%) of the gross PUD site.

E.

Shopping centers or similar uses combining more than one (1) principal use in a single building or on a single site.

F.

Single-family, two family, and/or multiple family dwellings in combination within any Residential District.

The following procedures shall be followed when applying for Special Approval for any PUD:

A.

Pre-application Conferences: Before submitting an application for approval of a PUD the applicant shall confer in a meeting with the Planning Commission to obtain information and guidance regarding land development regulations, the City's Land Use Plan, and the application process.

B.

Application: Upon completion of the pre-application review, an application may be submitted to the Planning Commission. Such application shall be accompanied by the following:

(1)

An application fee.

(2)

A completed site plan as required, provided that if the PUD is to be developed in phases.

(3)

A development schedule indicating:

(a)

Approximate date for commencement of construction.

(b)

Phases, if any, in which the project will be built and the expected starting and completion dates of each project.

(c)

Size and location of each area of common use for recreation or open space purposes which will be completed at each phase.

(4)

Proposed agreements, covenants, deed restrictions, or other provisions which are proposed to govern the use, maintenance, and continued protection of the PUD and any of its common use and open areas.

C.

Planning Commission Review: Upon receipt of the application and accompanying materials, the Planning Commission shall conduct a public hearing, notice of which shall be given in accordance with statutory requirements for special land uses. In formulating its recommendation to the City Council, the Planning Commission shall consider the following:

(1)

Special Land Use standards as stated in Chapter 21.

(2)

Overall objectives of PUD as stated in Chapter 18.

(3)

Qualifying condition for PUD as stated in Section 18.05.

The following conditions shall apply, as appropriate, to all proposed PUD's.

A.

The maximum density for any residential PUD shall not exceed that which is permitted in the Zoning District where the PUD is located.

B.

The PUD site shall not be less than five (5) acres.

C.

The proposed PUD shall be designed and developed with a unified architectural treatment.

D.

Utilities, roads, and other essential services shall be available in a manner harmonious with the character of adjacent property and the surrounding area.

E.

The PUD shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

F.

The PUD shall not change the essential character of the surrounding area.

G.

The PUD shall not be hazardous to adjacent property, or involve uses, activities, materials, or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, or glare.

H.

The PUD shall not place demands on public services and facilities in excess of current capacity.

I.

Residential PUD's should have a minimum open space requirement of 20% of the total PUD site, exclusive of required yard setbacks, buffers, parking areas, drives, rights-of-ways, utility or road easements storm water detention ponds, wetlands (unless determined usable by the Planning Commission due to the addition of interpretative boardwalks/walkways, etc. provided in and through the wetland) and structures (unless the structures are part of the open space i.e. gazebos, etc.).

A.

A Planned Unit Development shall be utilized in situations where the same land use objectives can be accomplished by the applicant of conventional zoning standards and shall not be used for the sole purpose of avoiding the applicable zoning requirements. Further, a Planned Unit Development shall comply with all regulations of the City, except as herein provided.

B

City Council Decision: All portions of the planned unit development, including single family lots, multiple family dwelling, and public and private open spaces, shall be platted in conformance with requirements of the city of Newaygo Subdivision Control Ordinance or prepared in conformance with the requirements of the Condominium Act, Act 59 of the Public Acts of 1978.

After receipt of the recommendation from the Planning Commission, the City Council shall review the application, site plan, and recommendations, and make its findings as to denial, final approval, or approval with modifications. The latter approval with modifications shall not be considered as final approval until the applicant submits in writing to the City Council his acceptance of the modifications. A Site Plan incorporating the modifications shall be presented to the Zoning Administrator. No building permits may be issued until final approval has been rendered by the City Council on the entire Site Plan and any associated rezoning matters. When the PUD with its Site Plan is approved by the City Council, the detailed final Site Plans for each phase of a multi-phase PUD shall be reviewed and must be approved by the Planning Commission. After final approval, the following conditions shall apply where applicable.

1.

Where the provisions of Act 288, Michigan Public Acts of 1967 as amended, shall apply, the applicant shall thereafter submit the information and plans as may be required by Act 288 and all other local procedures or regulations pertaining to platting approval.

2.

The City Council shall cause to have legal documents of contracts prepared which involve the City of Newaygo and are required as a result of the conditions contained in the final approval. All contracts shall be executed and recorded in the office of the Newaygo County Register of Deeds.

3.

The Zoning Administrator shall inspect the development at each stage to ensure reasonable compliance with the conditions of final approval, the final site plan shall be considered by the Planning Commission as an amendment to the original PUD and processed in accordance with Section 18.04; provided that minor changes, as described in Sec. 22.08, may be acted upon by the Zoning Administrator.

Each development shall be under construction within twelve (12) months after the date of approval of the PUD final site plan (individual phase if a multi-phase project), except as noted in the Section.

A.

The City Council may grant one (1) extension of up to an additional twelve (12) month period if the applicant applies for such extension prior to the date of the expiration of the PUD or PUD phase and provided that:

1.

The applicant presents reasonable evidence that said development has encountered unforeseen difficulties beyond the control of the applicant; and

2.

The PUD requirements and standards, including those of the Zoning Ordinance and Master Plan that are reasonably related to said development have not changed.

B.

Should neither of the provisions of Section 18.07.A. be fulfilled, or an extension has expired without construction underway, the PUD preliminary plan approval(s) shall be null and void. This does not include any phases that may have received final PUD approval.

C.

In order to utilize the property as a PUD, an applicant would have to resubmit plans for preliminary and final PUD site plan approvals as stated in this Chapter.