Park Township City Zoning Code
ARTICLE X
Open Space Preservation Development
Sec. 38-662 Open space design development.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-47, eff. 8-1-2002; Ord. No. Z-52, eff. 9-5-2003]
(a)
Description and purpose.
(1)
Open space design developments are permitted as a planned unit development in order to encourage the flexible and innovative arrangement of residential developments, to preserve and enhance natural features and open lands without a sacrifice in residential quality or excessive density, and to make an appropriate transition between lands zoned or used for agricultural and rural estate residential purposes and lands zoned or used for more intense development.
(2)
Open space design developments shall be subject to the planned unit development approval process and, in addition to complying with the requirements and procedures contained in Sections 38-363 through 38-379, shall also comply with the requirements contained in this section.
(b)
Location. Open space design developments may only be located on lands which are designated as Open Space Design District on the current general land use and circulation plan map in the Township Comprehensive Plan Land Use and Circulation Plan, which was adopted by the Township pursuant to state law.
(c)
Use regulations. The land, buildings and structures located in open space design developments shall be used only for single-family dwellings and permitted accessory uses.
(d)
Maximum height regulations. No building or structure shall exceed 35 feet in height. No building or structure shall consist of more than 2 1/2 stories.
(e)
Yard regulations. No building or structure, nor any enlargement thereof, shall be hereafter erected in an open space design development except in conformance with the following yard requirements:
(1)
Front yard. There shall be a front yard of not less than 40 feet.
(2)
Side yard. No side yard shall be less than 10 feet.
(3)
Rear yard. There shall be a rear yard of not less than 50 feet; provided, however, that if the rear yard abuts undivided permanent open space established as is provided in Subsection (g) of this section, the rear yard shall be not less than 35 feet.
(f)
Density. The maximum density shall be equal to the base density as determined by the Planning Commission upon its review of the parallel plan pursuant to Sections 38-366(6) and 38-373(b),[1] unless the proposed open space design development qualifies as a cluster open space design development as provided in Subsection (g) of this section. A project that qualifies as a cluster open space design development as provided in Subsection (g) of this section may receive a density bonus of up to 20% of the base density, so that the maximum density for a cluster open space design development could be 1.2 times the base density as determined by the Planning Commission upon review of the parallel plan pursuant to Sections 38-366(6) and 38-373(b). In any case where the fractional portion of the calculated dwellings is equal to or greater than 0.5, the number of dwellings shall be rounded up to the nearest whole unit. In any case where the fractional portion of the calculated dwellings is less than 0.5, the number of dwellings shall be rounded down to the nearest whole unit.
[1]
Editor's Note: The provisions of former Sections 38-366(6) and 38-373(b) of Article III, Division 8, were replaced by Ord. No. ZO17-1. The new sections do not contain provisions regarding determination by parallel plan.
(g)
Cluster open space design developments. A cluster open space design development shall be defined as an open space design development in which 50% of the acreage of the project is designated as undivided permanent open space, which shall be owned and managed by a homeowner's association, a condominium association, the Township, or a recognized land trust or conservancy.
(1)
Undivided open space. An exception may be made to the requirement that the permanent open space be undivided (i.e., contiguous throughout the development and not completely bisected or separated by any street, lot, etc.) for the sole purpose of permitting a public street to provide a second means of ingress and egress to the development. This exception to the undivided aspect of the permanent open space will apply only with respect to the density bonus provided in Section 38-402(f), and not to the lesser rear yard requirement provided in Section 38-402(e).[2]
[2]
Editor's Note: The provisions of former Section 38-402(e) and (f) of Article III, Division 8, were replaced by Ord. No. ZO17-1. The new sections do not contain provisions regarding a density bonus or lesser rear yard requirements.
(2)
Calculation of open space.
a.
When existing or created wetlands and/or floodplain or other nondevelopable land is less than 20% of the area of the project designated as open space, then all of that area shall be used in the calculation of open space for purposes of meeting the fifty-percent requirement to be considered a cluster planned residential development. When existing or created wetlands and/or floodplain or other nondevelopable land is equal to or greater than 20% but less than 50% of the area of the project designated as open space, then 50% of that area shall be used in the calculation of open space for purposes of meeting the fifty-percent requirement to be considered a cluster planned residential development. When existing or created wetlands and/or floodplain or other nondevelopable land is equal to or greater than 50% of the area of the project designated as open space, then none of that area shall be used in the calculation of open space for purposes of meeting the fifty-percent requirement to be considered a cluster planned residential development.
b.
For example, a project that involves 40 acres must set aside a minimum of 20 undivided acres as open space to qualify as a cluster open space design development. If the proposed open space contains a 3 1/2 acre pond, then the entire 3 1/2 acre pond will count as open space for purposes of calculating the amount of designated open space, and an additional 16.5 acres must be designated as undivided open space in order to qualify as a cluster open space design development. If the proposed open space contains a six-acre pond, then 1/2 of the six-acre pond will count as open space for purposes of calculating the amount of designated open space, and an additional 17 acres must be designated as undivided open space in order to qualify as a cluster open space design development. If the proposed open space contains a pond that is 10 acres or more in size, then none of the pond will count as open space for purposes of calculating the amount of designated open space, and an additional 20 acres must be designated as undivided open space in order to qualify as a cluster open space design development.
(3)
Management and maintenance of permanent open space.
a.
The final site plan required by Section 38-370[3] shall include a complete description and plan for the management of the undivided permanent open space including, but without limitation, ownership, assurance as to the permanent continuation of the open space through a conservation easement or other appropriate permanent legal restriction or document subject to the review and approval of the Township Attorney, specific plans and arrangements for the maintenance of the permanent open space, specific plans and arrangements for the financing of the cost of the maintenance of the permanent open space and all other matters pertinent to the continuation and maintenance of the permanent open space.
[3]
Editor's Note: The provisions of former Section 38-370 of Article III, Division 8, were replaced by Ord. No. ZO17-1. For current provisions, see Art. III, Division 8.
b.
The Township shall have the authority, but not the obligation, to repair and maintain any permanent open space and to assess the owners of all parcels located within the planned residential development for the total cost, plus an administrative fee in the amount of 10% of the total cost of the maintenance. This amount may be assessed and collected by the Township against those private properties within the planned residential development in the same manner as Township special assessments are assessed and collected pursuant to Public Act No. 188 of 1954 (MCL § 41.721 et seq.), for private roads.
(4)
Explanation of undeveloped state. The undivided permanent open space shall remain in an undeveloped state. For purposes of this section, the phrase "undeveloped state" means a natural state preserving the natural resources, the natural features or the scenic or wooded conditions of the property, or the use of the property solely for agricultural use, open space use, or a similar use or condition. Property in an undeveloped state does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway, or linear park. For purposes of this section, agricultural uses permitted in the open space shall be limited to those uses specified in Section 38-184(1), (2), (3), (5), (6), and (10).
(h)
Minimum floor area. Each dwelling unit in an open space design development shall have a minimum of 1,000 square feet of usable floor area, provided; however, that all single-family dwellings with more than one floor level shall meet the following requirements: 1,100 square feet of usable floor area for a 1 1/2-story dwelling; 1,000 square feet of usable floor area in the main and upper level floors of a tri-level dwelling; and 1,400 square feet of usable floor area for a two-story dwelling. The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section.
(i)
Requirement of public utilities. Each dwelling shall be served by public utilities for public water and sanitary sewer. All public and private utilities shall be installed underground.
(j)
Requirement of public streets. All streets located within an open space design development shall be dedicated to the public and shall be publicly owned and maintained.
(k)
Requirement of greenbelts. All open space design developments shall have a greenbelt measuring at least 100 feet from the edge of the road right-of-way along any preexisting street that borders the development. A landscaping plan, which may include a berm, must be submitted for approval.
Sec. 38-663 Open space preservation provisions.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-47, eff. 8-1-2002; Ord. No. Z-52, eff. 9-5-2003]
(a)
Description and purpose.
(1)
This section is intended to provide a property owner with the option to develop property zoned for residential development in a manner that allows no more than 50% of the property to be developed with the same number of single-family dwelling units that could otherwise be developed on the entire property, provided that the remaining property (at least 50% of the property) is permanently preserved as open space in an undeveloped state, in accordance with the Township Zoning Act.
(2)
Property owners exercising this option shall follow the process established for planned unit development approval, and in addition to complying with the requirements and procedures contained in Sections 38-363 through 38-379 for planned unit development approval, the property owners must also comply with the requirements contained in this section.
(b)
Eligibility requirements. A property owner may exercise the open space preservation option only with respect to property that meets the following requirements.
(1)
The property must be zoned for residential development. For purposes of this section, the term "zoned for residential development" means property located in any zoning district that permits single-family dwellings.
(2)
The property must be zoned at a density equivalent to:
a.
Two or fewer dwelling units per acre if the land is not served by a public sewer; or
b.
Three or fewer dwelling units per acre if the land is served by a public sewer.
(3)
The development of the property must not be dependent upon the extension of a public sewer or public water supply system, unless the development of the property without the exercise of the option would be dependent upon the extension of a public sewer or public water supply system.
(4)
The property, or any portion of the property, must not have previously been subject to the development under the open space preservation option. Once a property owner has exercised the open space preservation option with respect to certain property, no portion of that property shall be eligible for any further or future open space preservation options.
(c)
Open space preservation development option.
(1)
Notwithstanding any provision of this chapter to the contrary, property that meets the eligibility requirements of Subsection (b) of this section may be developed, at the option of the property owner, on a maximum of 50% of the property with the same number of dwelling units that the Township determines could otherwise have been developed on the entire property under existing Township chapters and state and county laws, rules and regulations, while perpetually preserving a minimum of 50% of the property as open space.
(2)
With the exception of the minimum lot area regulations required for the underlying zoning district in which the property is located, the development of property under this open space preservation option shall be subject to all other provisions of this chapter, and all other Township chapters and state and county laws, rules and regulations. Without limitation, the development of the property shall be subject to the use regulations, maximum height regulations, and minimum yard regulations of the underlying zoning district in which the property is located, and it shall be subject to rules relating to suitability of groundwater for on-site water supply for property not served by public water and rules relating to suitability of soils for on-site sewage disposal for property not served by public sewers.
(d)
Density determination by parallel plan. The number of dwelling units permitted shall be determined through preparation of a parallel plan. In addition to the documents required to be submitted for planned unit development approval, the applicant shall submit a parallel plan for the proposed development that is consistent with state, county and Township requirements and design criteria for a tentative preliminary plat, including, without limitation, the requirements of this chapter and the Article II of Chapter 18, pertaining to land division and subdivisions. The parallel plan shall meet all standards for lot size, lot width and setbacks as required by the underlying zoning district, shall include public roadway improvements, and shall contain an area that conceptually would provide sufficient area for stormwater detention. The Planning Commission shall review the parallel plan and determine the number of lots that could be feasibly developed following the parallel plan. This number, as determined by the Planning Commission, shall be the maximum number of dwelling units permitted on the property developed pursuant to the open space preservation option.
(e)
Open space preserved in an undeveloped state. In exercising the open space preservation option, the property owner must provide that a minimum of 50% of the property will perpetually remain as open space in an undeveloped state. This shall be accomplished through the use of a conservation easement, plat dedication, restrictive covenant, or other legal means that run with the land, subject to approval by the Township Attorney. For purposes of this section, the term "undeveloped state" means a natural state preserving the natural resources, the natural features or the scenic or wooded conditions of the property, or the use of the property solely for agricultural use, open space use, or a similar use or condition. Property in an undeveloped state does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway, or linear park. Property preserved in an undeveloped state may be, but is not required to be, dedicated to the use of the public.