Sec. 13.1. Planned unit development (PUD) shall be recognized as a special exception use. The disposition of such developments shall be the responsibility of the Planning Commission.

(Ord. No. 123, 11-12-01)

Sec. 13.2. The purpose of these regulations is to permit greater flexibility and, consequently, more creative and imaginative design in the development of areas than is generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of development options, the integration of necessary commercial and community facilities and the preservation of open space for park and recreational use. A permit may be issued for construction and occupancy of a planned unit development subject to compliance with the requirements, standards and procedures set forth in this Ordinance.

(Ord. No. 123, 11-12-01)

Sec. 13.3. Any application for a special exception permit must meet the following conditions to qualify for consideration as a planned unit development:

A.

Minimum area: The minimum area required to qualify for a planned unit development special exception permit shall not be less than 20 contiguous acres of land. Commercial uses are not permitted in developments of less than 40 acres.

B.

Ownership: The tract of land for a project must be either in one ownership or the subject of an application filed jointly by the owners of all properties included (the holder of a written option to purchase land or the holder of an executory land contract shall, for purposes of such application, be deemed to be an owner of such land).

C.

Location: Planned unit developments shall be allowed only in the A-2, R-1, R-2, R-3, R-4, and R-5 residential districts and within the commercial and industrial districts providing the applicant can demonstrate that the proposed character of development will meet the objectives of planned unit developments and the purpose within that district.

D.

Utilities: Public water and sanitary sewer and adequate storm drainage facilities shall be provided as part of the site development. Mi new electric and telephone transmission wires shall be placed underground.

E.

Approval: Approval by the Planning Commission of a sketch plan and detailed site plan of all planned unit developments is required.

(Ord. No. 123, 11-12-01; Ord. No. 132, 8-11-03)

Sec. 13.4. The uses permitted within the underlying zoning district shall serve as the primary use within the PUD. Special exception uses listed in the underlying district and permitted uses in the next lower district may also be requested for approval within the PUD. Where such uses are approved they shall not exceed twenty percent (20%) of the units or land area and be located in such a manner so as to retain compatibility with adjoining land use and zoning.

(Ord. No. 123, 11-12-01)

Sec. 13.5. Within any planned unit development approved under this section, the requirements set forth below shall apply in lieu of regulations set forth in the district in which the development is located:

A.

Number of dwelling units permitted. The maximum number of dwelling units permitted within the project shall be determined by dividing the net residential development area by the minimum residential lot area required by the districts in which the project is located. In the event the project lies in more than one zoning district, the number of dwelling units shall be computed for each district separately. The lot area per dwelling unit shall not be less than 5,000 square feet. For site condominium projects, the "site" area shall be the equivalent of the "lot" area required.

For commercial and industrial projects, the layout and design shall be consistent with the site development regulations approved for such uses in those districts.

B.

Lot area requirements. The minimum lot area for single family dwellings shall not be reduced more than 25 percent below that required by the Zoning Ordinance.

C.

Setback and yards:

1.

Front yards - The minimum setback from a street line for a building or structure may be reduced 15 feet for any other street below that required in the district regulation in which the planned unit development is located.

2.

Rear yards - The minimum rear yard requirements may be reduced to 25 feet.

3.

Side yards - The minimum side yard requirements may be reduced to 5 feet.

D.

Minimum lot frontage and width. The minimum lot frontage and width for any lot designated for single family dwelling may be reduced 25 percent below the requirements of the district in which the planned unit development is located.

E.

Screening. A screening area shall be provided along the perimeter of property on which multiple-family dwelling and/or commercial buildings are erected.

F.

Amount of open space required. Within every planned unit development there shall be planned and set aside permanently as part of the total development an amount of open space equal to not less than the aggregate accumulation of lot size reduction below the minimum lot area for the development as a whole. Before accepting the open space as meeting the requirements of this provision, the Planning Commission must find the land thus designated to be: (1) sufficient in size, suitably located, with adequate access, and (2) that evidence is given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the municipality of the future maintenance.

G.

Arrangement of open space. All required open space within a planned unit development shall be arranged so as to provide access and benefit to the maximum number of lots and/or dwelling units. Open space shall be contiguous to the development area within the PUD.

(Ord. No. 123, 11-12-01; Ord. No. 133, 6-1-04)

Sec. 13.6. 

A.

General. Whenever any planned unit development is proposed, before any building permit is granted, the developer shall apply for and secure approval of the special exception use in accordance with the following procedures and obtain approval of a detailed site plan from the Planning Commission.

B.

Application for sketch plan approval:

1.

In order to allow the Planning Commission and the developer to reach an understanding of basic design requirements prior to detailed site design investment, the developer shall submit a sketch plan of his proposal to the Planning Commission. The sketch plan shall be drawn to approximate scale and clearly show the following information:

a.

Boundaries of the property.

b.

Location and height of all buildings.

c.

Interior roadway system, parking facilities and all existing rights-of-way and easements, whether public or private.

d.

Delineation of the various residential or commercial areas indicating for each such area its size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type, plus a calculation of the net residential density.

e.

The interior open space system.

f.

The overall storm water drainage system.

g.

If grades exceed 30 percent, or portions of the site have a moderate to high susceptibility to flooding and/or ponding, an overlay outlining the above susceptible soil shall be provided.

h.

Principal ties to the neighborhood and community with respect to transportation, water supply and sewage disposal.

i.

General description of the provision of other community facilities, such as schools, recreational facilities, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

j.

A location map showing uses and ownership of abutting lands.

2.

In addition, the following documentation shall accompany the sketch plan.

a.

Evidence that the proposal is compatible with the objectives of the Pavilion Township Land Use Plan.

b.

General statement as to how common open space is to be owned and maintained.

c.

The sketch plan shall show the intended total project. If the development is to be constructed in phases, a general indication of how the sequence of phases is to proceed shall be identified.

3.

The Planning Commission shall hold a public hearing or hearings on the application for planned unit development in accordance with the provision of 2006 PA 110 The Michigan Zoning Enabling Act.

4.

Following the public hearing, the Planning Commission shall, within 60 days, approve or disapprove the sketch plan and so notify the applicant of its decision.

5.

Approval of sketch plan shall not constitute approval of the detailed site plan, rather it shall be deemed an expression of approval of the layout as a guide to the preparation of the detailed plan.

6.

Request for changes in sketch plan. If it becomes apparent that major elements of the sketch plan, as it has been approved by the Planning Commission, become unfeasible and in need of modification, the applicant shall then resubmit his entire sketch plan as amended, to the Planning Commission pursuant to the above procedures.

C.

Application for detailed site plan approval.

1.

After receiving approval from the Planning Commission on a sketch plan, the applicant may prepare his detailed site plan and submit it to the Planning Commission for approval. However, if more than six months has elapsed between the time of sketch plan approval, the Planning Commission may require a resubmission of the sketch plan for further review and possible revision.

2.

The detailed site plan shall conform to the sketch plan that has received approval. It should incorporate any revisions or other features that may have been recommended by the Planning Commission at the preliminary review. All such compliance shall be clearly indicated by the applicant on the appropriate submission.

3.

The detailed site plan shall include the following information:

a.

An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets, utilities, and easements within 300 feet of applicant's property.

b.

A topographic map showing contour intervals of not more than four feet of elevation shall be provided.

c.

A site plan showing location, proposed use, and height of all buildings, location of all parking areas, with access and egress drives thereto; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences, description of method of water supply and sewage disposal and location of such facilities; location and size of all signs; location and proposed development of screened areas; location and design of lighting facilities; and the amount of building area proposed for non-residential uses, if any.

d.

A tracing overlay showing all soil types and their location, and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.

4.

Required standards for approval. The Planning Commission's review of the detailed site plan shall include the following:

a.

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization, traffic controls, and pedestrian movement. Roads shall be constructed to KCRC standards.

b.

Location, arrangement, appearance, and sufficiency of off-street parking.

c.

Location, arrangement, size and entrances of buildings, walkways and lighting.

d.

Relationship of the various uses to one another.

e.

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise deterring screen between adjacent uses and adjoining lands.

f.

In the case of multiple dwellings, the adequacy or usable open space for playgrounds and recreation.

g.

Adequacy of water supply, storm water and sanitary waste disposal facilities.

h.

Adequacy of structures, roadways, and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion.

i.

Compliance with all regulations of the Pavilion Township Zoning Ordinance.

D.

Action on the detailed site plan. The Planning Commission shall render its approval or disapproval and so notify the applicant and the Building Inspector.

E.

Revocation. In any case where construction on the planned unit development has not commenced within one year from the date of approval, then the special exception use permit shall be null and void.

F.

Security deposit:

1.

To insure compliance with a Zoning Ordinance and any conditions imposed at the time of issuance of the site plan review approval, the Planning Commission may require that a cash deposit, certified check, bank letter of credit or surety bond acceptable to the Planning Commission covering estimated costs of improvements associated with a project for which the site plan approval is sought be deposited with the clerk of the Township to insure faithful completion of the improvements.

2.

The Planning Commission shall by resolution request the Township Clerk to rebate said cash deposit in reasonable proportion to a ratio of work progress. The amount of rebate shall be determined from time to time at regular or special meetings of the Planning Commission based upon evidence presented by the applicant and/or appropriate Township officials demonstrating the ratio of work completed on the required improvements.

3.

If any improvements are not constructed within the time limit established or part of the site plan approval or within any extension thereof, then the Planning Commission shall by resolution request the Township Board to take appropriate legal steps to insure completion using so much of the security deposit as is necessary for such purpose.

4.

As used herein, "improvements" means those features and actions associated with a project which are considered necessary by the Planning Commission to protect natural resources, or the health, safety, and welfare of the residents of a Township and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements may not include the entire project which is the subject of zoning approval.

(Ord. No. 93, 8-13-90; Ord. No. 123, 11-12-01; Ord. No. 139, § 9, 9-8-06)