Traditional zoning, with its rigid separation of uses into different zones under very restrictive placement controls, is recognized as being inappropriate to many mixed use, phased, medium and large scale developments. Planned developments 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 of this Chapter 18A shall be applied as a separate zoning district, in accordance with the following additional regulations. This Chapter (and the PUD zoning district herein) shall be in addition to Chapter 18 of this Ordinance and the administrative-type PUD authorized by that Chapter 18. Having two different types of PUDs potentially available (the administrative-type PUD and a rezoning-type PUD), offers additional options and flexibility for the property owner, developer, and the City.

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

A.

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

B.

To encourage with regard to residential use the provision of open space and the development of recreational facilities in a generally central location and 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.

D.

To provide more efficient and aesthetic use of open areas.

E.

To encourage innovation in the physical development pattern of the City by providing a variety of housing arrangements with well-designed access and circulation.

F.

To encourage mixed use and phased developments where appropriate.

A.

Preliminary sketch plan. Before submitting an application for a PUD rezoning, the applicant shall submit a preliminary sketch plan including maps and a written statement (in 12 copies) and any required fees to the City. Applications for sketch plan approval for PUDs shall be submitted to the Zoning Administrator at least 30 days prior to the date of first consideration by the Planning Commission, unless waived by the Zoning Administrator. The Planning Commission will review the preliminary sketch plan to determine its conformance with the Purpose and Objectives of this Chapter and the City's Master Plan, and the Planning Commission shall make recommendations to the applicant for the final site plan to be submitted.

(1)

The Preliminary Sketch Plan must show enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed. The preliminary sketch plan may be in general, schematic form and must contain the following, unless the Planning Commission determines that some of the following required information is not reasonably necessary at such preliminary stage:

(a)

A legal description of the site, reflecting area size and boundary line dimensions. A current, properly notated surveyor's map may be acceptable.

(b)

Existing and proposed land uses and their approximate location.

(c)

Existing topographic character of the site.

(d)

The character and approximate net residential density being proposed.

(e)

Circulation patterns including arterial, collector, and pedestrian.

(f)

Public uses including schools, parks, open space, trails, etc.

(g)

Existing flood plains, wetlands, bodies of water, and other unbuildable areas.

(2)

The written statement to be included in the preliminary sketch plan must contain the following information:

(a)

An explanation of the character of the PUD, the manner in which it has been planned to take advantage of the PUD regulations, and the manner in which it reflects the objectives of the PUD as stated in this Chapter.

(b)

A statement of ownership of all land within the proposed PUD.

(c)

A general indication of the expected schedule of development.

(d)

A general indication of the expected public interest to be served by the PUD and conformance of the PUD to the City's Master Plan.

(e)

An indication of any contemplated private deed restrictions or covenants.

(f)

A description of how the PUD meets the requirements of this Chapter.

B.

Final PUD. Within one year from the preliminary sketch plan review by the Planning Commission, the applicant shall submit a final PUD application and a petition for PUD rezoning to the City Clerk on a form supplied by the City. The application (and all required fees) must be submitted to the City Clerk at least 30 days prior to the date of first consideration by the Planning Commission and must be accompanied by the following:

(1)

An application fee (and any other applicable fees) as established by the City Council.

(2)

A final site plan as specified in Chapter 22. If the PUD is to be developed in phases, the final site plan may be prepared for one or more phases.

(3)

A development schedule including:

(a)

Approximate date for commencement of construction.

(b)

Stages or phases in which the project will be built including the expected starting and completion dates of each phase.

(c)

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

(4)

Agreements, provisions, or other covenants which will govern use, maintenance, and continued protection of the PUD and any of its common use or open space areas.

(5)

A general grading plan reflecting the slope and drainage characteristics before and after development, with explanation of any potential impact on the environment, such as any loss of natural resources, increased erosion and sedimentation potential, increased flood hazard or other impacts.

(6)

Information showing that the PUD will not cause significant adverse effects upon nearby lands.

(7)

Such other information as may be required by the Planning Commission.

C.

Planning Commission Review and Recommendation. Following receipt of the complete application, a complete petition for rezoning, and all required accompanying materials, the Planning Commission will conduct a public hearing, notice of which will be given in accordance with the Zoning Act. In formulating its recommendation to the City Council, the Planning Commission shall consider the following:

(1)

Conformance of the PUD request with the City's Master Plan.

(2)

The overall objectives of PUD as stated in 0.

(3)

The qualifying conditions and permitted uses for the PUD.

(4)

The site plan review standards of Chapter 22.

(5)

Compatibility of the proposed PUD and its specific uses with existing and proposed development in the surrounding area.

(6)

Whether the proposed uses and structures within the PUD will be injurious to the public health, safety, and welfare of the community.

(7)

Whether the proposed PUD will adversely affect the natural environment.

(8)

Whether the proposed PUD will exceed the capabilities of public services and facilities affected or utilized by the development.

D.

City Council Decision. After receiving the recommendation of the Planning Commission, the City Council will review the application for PUD rezoning and the Planning Commission's recommendation and make its final decision. The City Council will make its findings as to denial or approval of the rezoning and the site plan (with or without conditions) in accordance with the proposed PUD site plan, using the standards noted in subparagraph C of this Section.

(1)

An approval shall not be considered final until the applicant submits a written acceptance of the approved PUD site plan to the City Council. No building permit may be issued until such final approval is granted. After final approval, the following requirements shall be met if applicable:

(a)

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

(b)

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

(2)

The Zoning Administrator shall inspect the development at each stage to ensure reasonable compliance with the conditions of final approval, the final approved site plan and the approved schedule of improvements.

E.

Changes to an Approved PUD. Changes to an approved Planned Unit Development and/or PUD site plan shall be allowed only under the following circumstances:

(1)

The holder of an approved PUD plan shall notify the Zoning Administrator of any desired change to the approved PUD.

(2)

Minor changes may be approved at the discretion of the Planning Commission upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions imposed as part of the original approval.

(3)

A proposed change not determined by the Zoning Administrator to be minor shall be submitted as a formal amendment to the PUD and reviewed in the same manner as the original PUD application.

A.

The following uses of land and structures may be allowed under this Chapter if approved by the City Council as part of the PUD rezoning and approval process:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings.

(3)

Multiple family dwellings.

(4)

Cluster and open space preservation developments.

(5)

Plats.

(6)

Golf courses, tennis clubs, athletic clubs, hotels, entertainment complexes, water parks, marinas, lodges, outfitters, shopping centers, pro shops, restaurants (excluding drive-ins), and similar uses.

(7)

Industrial or commercial uses.

(8)

Condominiums.

(9)

Accessory buildings, structures and uses customarily incidental to any of the above Permitted Uses.

B.

Development Requirements.

(1)

Density, Setback, Lot Size and other Dimensional Requirements: Requirements, minimum standards, and maximum standards such as density, setbacks, access requirements, minimum lot size, and similar dimensional requirements shall generally be as specified in the zoning district corresponding to the use involved. However, the City Council can waive or lessen (or increase) any and all such corresponding requirements pursuant to an approval of the PUD.

(2)

Open Space: Any open space provided in the PUD shall meet the following considerations and requirements:

(a)

Open space may be established to separate use areas within the PUD.

(b)

Open space areas shall be large enough and of proper dimensions so as to constitute a usable area, with adequate access, through easements or other similar arrangements, such that all properties within the entire PUD may utilize the available open space.

(c)

Evidence shall be given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the City of the future maintenance thereof.

(d)

Open space may be provided where significant natural features may be preserved and/or be used for passive or active recreation.

(e)

All land set aside as open space shall be deed restricted to ensure that the open space remains in a natural and undisturbed condition in perpetuity. Land set aside for agriculture may, at the discretion of the property owner(s) be converted to open space, but shall not be used as land for the construction of additional dwellings, nor used for any other development.

(f)

In general, all open space shall be in the joint ownership of the property owners within the PUD. A property owner's association shall be formed which shall take responsibility for the maintenance of the open space.

(3)

Signs shall be as allowed in the most restrictive zoning district in which the use requiring the sign is permitted, except as may be permitted otherwise by the City Council as part of the PUD approval process.

(4)

Parking requirements shall be as required in Chapter 7 unless altered by the City Council.

(5)

Utilities shall be installed underground, whenever reasonably possible.

A.

As part of an approval of any PUD, the City Council may impose any additional conditions or limitations as in its judgment may be necessary for the protection of the public interest and to ensure that the standards and requirements of this Chapter will be met.

B.

Such conditions shall be related to and ensure that the review standards of this Ordinance are met.

C.

The conditions imposed shall be included in the Ordinance, ordinance amendment, or other document approving the PUD. The conditions shall remain unchanged unless the PUD is formally amended in accordance with this Ordinance.

Each PUD development shall be under substantial construction within 12 months of the date of approval of the final PUD site plan. The City Council may grant one extension of up to an additional 12-month period if the applicant applies for such extension prior to the date of the expiration of the PUD and demonstrates that the development has encountered unforeseen difficulties beyond the control of the applicant and that the applicant has proceeded diligently. Notwithstanding the preceding, the City Council may specify time limits different than the preceding for any phases or phasing of development as approved within the PUD.

Should a PUD become null and void, the City Council may rezone the property or properties back to the prior zoning classification(s) or rezone the property or properties to any other zoning classification(s). If the property is not rezoned and the PUD expires, then the property or properties remain zoned as a PUD (unless otherwise rezoned by the City as provided above), but any PUD site plan(s) which were previously approved shall be null and void. In order to utilize such property or properties as a PUD, an applicant would have to resubmit plans for both general PUD approval and a PUD site plan approval following the same procedures as if the property or properties were not located within a PUD zoning district.

At the discretion of the City Council, there shall be an option available to include in the PUD approval multiple uses and multiple phases for the overall development.

A.

Prior to the issuance of any building permit or commencement of construction on any portion of any approved PUD, the applicant shall enter into a written agreement with the City in recordable form, setting forth the applicant's obligations with respect to the PUD and any conditions or requirements of the PUD.

B.

The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the approved site plan, all other documents which comprise the PUD, and all conditions attached to the PUD approval by the City Council.

C.

A phasing plan shall be included as part of the agreement describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.

D.

The agreement shall establish the potential remedies of the City in the event of default by the applicant in carrying out the PUD conditions and requirements and shall be binding on all successors in interest.

E.

The agreement shall be signed by both the applicant/developer and the City and shall be recorded with the Newaygo County Register of Deeds.