The purpose of Planned Unit Development regulations is to encourage and allow more creative and imaginative design of land developments than is possible under district zoning regulations. Planned Unit Developments are intended to allow substantial flexibility in planning and designing a project. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls.

Through proper planning and design, each Planned Unit Development should include features which promote and comply with the following objectives:

(a)

To allow a mix of uses, structures, facilities, housing types and open space in a manner compatible with existing and planned uses on nearby properties;

(b)

To allow for the design of developments that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls;

(c)

To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic conditions, and does not adversely affect wetlands, floodplains, the natural drainage pattern, and other natural site features;

(d)

To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources;

(e)

To promote further creativity in design and construction techniques;

(f)

To provide for the regulation of legal land uses not otherwise authorized within this Ordinance;

(g)

To provide for single or mixed-use developments which respect the goals and objectives of the Pere Marquette Charter Township Comprehensive Plan.

(Ord. No. 144, 8-13-2019)

(a)

A PUD zoning district may be approved by the Township Board, (the Board) following a recommendation from the Planning Commission, in any location within the Township in accordance with the procedures, regulations, and standards of this chapter.

(b)

The approval of a PUD rezoning application shall require an amendment of the zoning ordinance and zoning map. An approval granted under this chapter shall constitute part of the zoning ordinance.

(Ord. No. 144, 8-13-2019)

(a)

The area proposed for rezoning to PUD shall consist of a minimum of three contiguous acres although the Township Board following a recommendation from the Planning Commission may approve a PUD with less acreage if the Township Board determines that the intent of the PUD district will nevertheless be achieved.

(b)

The proposed development shall be under unified ownership or control such that there is one person, group of persons, or legal entity having responsibility for the completion and ongoing maintenance of the development in compliance with this chapter. This requirement for unified ownership or control shall not prohibit a transfer of ownership or control, so long as there is still unified ownership or control of and for the development as required by this chapter.

(Ord. No. 144, 8-13-2019)

The use or uses of land permitted within a PUD shall be in accordance with the uses allowed for that zoning district recommended by the current Comprehensive Plan of Pere Marquette Charter Township for the parcel or parcels requested for PUD rezoning. However, the Township Board after receiving a recommendation from the Planning Commission may permit other land uses not otherwise permitted in that zoning district recommended by the Comprehensive Plan if, in the opinion of the Board, the other uses; complement and are compatible with the permitted uses; are not the primary use of the property; are compatible with nearby existing and permitted land uses; and meet the intent of the PUD chapter and the intent of the Comprehensive Plan.

(Ord. No. 144, 8-13-2019)

The lot area, lot width, building height, setback and yard requirements, general provisions, signs landscaping and screening requirements, lighting and parking regulations contained in this Article which would apply for the zoning district in which the uses or uses proposed are normally allowed and which would be the most restrictive for the uses proposed shall be met except that the Board, following a recommendation from the Planning Commission, may increase, decrease, or otherwise modify these regulations, as may be requested by the applicant, in order to achieve the objectives of this chapter. Other criteria which shall be used in making these determinations shall include the following:

(a)

Whether the modification requested will result in a project that better satisfies the intent and objectives of this chapter;

(b)

Whether the modification is compatible with adjacent existing and future land uses and will not significantly adversely affect the use and enjoyment of nearby property;

(c)

Whether the modification will result in the preservation of existing vegetation or other natural features on-site;

(d)

Whether the modification is necessary due to topography, natural features, or other unusual aspects of the site;

(e)

Whether the modification will improve or at least not impede emergency vehicle and personnel access;

(f)

Whether the modification will improve or at least not impede adequate pedestrian circulation; and

(g)

Whether the modification will result in traffic or other safety hazards, visual blight, distraction, or clutter, or a detriment to the public health, safety or general welfare.

(Ord. No. 144, 8-13-2019)

PUDs shall maintain dedicated open space ("open space") in compliance with this section.

(a)

Areas which do not constitute dedicated open space:

(1)

Public or private road rights-of-way;

(2)

Golf courses;

(3)

Easements for overhead utility lines;

(4)

Areas within platted lots, site condominium units, or metes and bounds parcels occupied or to be occupied by a building or structure not permitted to be located in open space;

(5)

Off-street parking areas;

(6)

Detention and retention ponds created to serve the project;

(7)

Fifty percent of the area of wetlands, creeks, streams, existing ponds or lakes, or other bodies of water;

(8)

Fifty percent of the area of floodplains and 50% of areas of slopes of more than 20%; or

(9)

Open space which is not contiguous to the proposed PUD.

(b)

Standards for dedicated open space in residential PUDs. The following standards shall apply to the dedicated open space required in PUDs which devote all or a portion of land to residential uses:

(1)

The PUD shall provide and maintain a minimum of 20% of the gross site acreage as preserved dedicated open space in accordance with the standards of this section. The planning commission may consider a PUD with a lesser amount of open space if it is clear that the proposed PUD substantially provides for the intent of a PUD as stated in this section.

(2)

The open space may include a recreational trail, picnic area, children's play area, community building, or any other substantially similar use as determined by the planning commission. These uses, however, shall not utilize more than 50% of the dedicated open space.

(3)

Open space areas are encouraged to be linked with any adjacent open spaces, public parks bicycle paths, or pedestrian paths.

(4)

The open space shall be available for all residents of the development, if any, subject to reasonable rules and regulations and shall be reasonably accessible to the residents of the open space development. Safe and convenient pedestrian access points to the open space from the interior of the open space shall be provided.

(5)

If the land contains a lake, stream, or other body of water, the planning commission may require that a portion of the open space abut the body of water.

(6)

Open space shall be located to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, and wetlands.

(7)

Grading in open space areas shall be kept to a minimum.

(c)

Standards for dedicated open space in non-residential PUDs. The following standards shall apply to the dedicated open space requirements in PUDs which include only non-residential uses:

(1)

The PUD shall provide and maintain open space in a form which serves as an outdoor visual and functional community amenity, designated to contribute to the attractiveness and social function of the PUD, as approved by the planning commission.

(2)

The open space may include outdoor dining areas, benches or other areas for sitting, plazas, fountains, sculptures, pavilions, gazebo's, lawn or landscaped areas which contribute to the attractiveness of the site or which may be used for passive or active use, and similar uses or elements which contribute to social interaction or the aesthetics of the project as determined by the planning commission.

(3)

The planning commission shall determine if the dedicated open space proposed by the applicant is appropriate for the type and size of the non-residential use based on the intent of this section. The planning commission shall have the discretion to modify the proposed dedicated space as needed to meet the intent of this section.

(4)

The dedicated open space shall be maintained by the owner or operator of the development so that it sustains its original appearance and function, which shall be indicated in the agreement required by section 109-21.06(d) below.

(d)

Open space agreement. The applicant shall provide an open space preservation and maintenance agreement to the Township Board. Said agreement shall be binding on all successors and future owners in title of the land containing the dedicated open space. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the land use continues as approved in the PUD plan or the PUD plan is amended to allow the use. The agreement must be acceptable to the Board and may consist of a recorded deed restriction, covenants that run perpetually with the land, or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended. The agreement may be included as part of a PUD agreement provided for in section 109-21.10 of this chapter. The agreement must:

(1)

Indicate the proposed permitted use(s) of the open space;

(2)

List the parties who have an ownership interest in the open space, including all of the residents of the PUD who, by virtue of an association or other similar entity, shall at all times maintain an ownership interest in the dedicated open space;

(3)

Require that the open space be maintained by parties who have an ownership interest in the dedicated open space; and

(4)

Provide standards for scheduled maintenance of the open space, including periodic removal of underbrush to reduce fire hazard and the necessary pruning and harvesting of trees and new plantings.

(Ord. No. 144, 8-13-2019)

For PUDs which will devote all or a portion of the site to residential use the following requirements shall apply in addition to the requirements of subsection (e) of this section:

(a)

An area which is requested for rezoning to PUD shall only be developed in accordance with the density allowed by the zoning district as recommended by the Comprehensive Plan. The permitted number of dwellings for the proposed PUD area shall be based on the density recommendation as set forth in the following density table.

(b)

If the land requested for PUD rezoning contains more than one Comprehensive Plan land use recommendation, the number of dwellings allowed for each Comprehensive Plan area shall be computed separately using the formula below to determine the number of dwellings permitted for the entire site. The type and placement of the dwellings proposed, however, shall be subject to the approval of the Board following a recommendation from the Planning Commission during the review of the PUD site plan.

(c)

The Board, following a recommendation from the Planning Commission, may choose to allow fewer dwellings than permitted by the density table if, in the opinion of the Board, a reduction in the number of dwellings proposed would better achieve the intent and objectives of the PUD district.

(d)

Formula to determine number of dwellings. The number of dwellings which may be constructed within a PUD shall be determined as follows:

(1)

Determine gross site area. The gross site area may include road right-of-way if included in the legal description of the parcel.

(2)

Subtract one-half of unbuildable areas such as wetlands, floodplains, and slopes over 20%.

(3)

Subtract acreage devoted to non-residential uses.

(4)

The resulting acreage is the net development acreage, which is then multiplied by the maximum average density from the density table to determine the number of dwelling units permitted. For example, the net development acreage for an LDR area would be multiplied by 2.9 dwelling units per acre.

(5)

If the area proposed for PUD zoning is not master planned for a specific residential density, the density and number of dwellings permitted shall be determined by the Board following a recommendation by the planning commission.

In making this determination, the Board shall take into consideration the density recommended for the surrounding lands, the nature of the existing land uses nearby, the type and number of dwellings proposed by the applicant and the intent and objectives of this section.

(e)

Wetland determination. The determination of the existence of wetlands and floodplain areas on a parcel shall be demonstrated to the satisfaction of the planning commission through a written determination by the Michigan Department of Environment, Great Lakes and Energy or by an analysis performed by a professional biologist, ecologist, environmental engineer, or similar professional person deemed acceptable to the planning commission.

(f)

Additional dwellings. Additional dwellings above what is allowed by subsection (d) of this section above may be permitted at the discretion of the Board following a recommendation by the Planning Commission if the development provides additional amenities or preserves additional open space which would result in a significant recognizable benefit to the Township and residents of the PUD. Items which could be added to a PUD so it may be eligible for consideration for additional dwelling units shall include one or more of the following items as well as similar items:

(1)

Provision of recreational facilities such as playground areas with play equipment, ball fields, golf course, bike path, man-made lake, and community building or similar recreation facility;

(2)

Additional landscaping to preserve or enhance the view along the roadway;

(3)

Enhancement of existing wetlands, subject to applicable regulations;

(4)

Provision of additional unique open space or mature stands of trees, which would be of recognizable benefit to Township residents;

(5)

Provision of additional open space off the PUD site but within the Township which would be of benefit to the Township by adding land for recreational opportunities, adding land to existing Township owned land or allowing for the preservation of land along the Pere Marquette River or other natural area;

(6)

If additional dwelling units are to be permitted, the maximum number of dwelling units shall be determined by multiplying the maximum average density permitted in the density table by the gross site acreage of the site instead of the net development acreage excluding only the acreage devoted to any nonresidential uses. In no case shall the number of dwelling units exceed what is permitted by this subsection.

(Ord. No. 144, 8-13-2019)

(a)

Pre-application conference (Step 1). Before submitting a PUD application, the applicant shall meet with the zoning administrator who may also request the attendance of the Township planner or engineer. The applicant may provide a conceptual drawing or other information about the development or property. The purpose of this meeting is for the zoning administrator to explain the PUD site plan design, development requirements, and review process to the applicant in order to assist the applicant in preparing a site plan for review by the Planning Commission. No formal action will be taken at a pre-application conference nor will any statements made at the pre-application conference be considered legally binding commitments from the Township.

(b)

PUD Application (Step 2). Following the pre-application conference, the applicant shall apply for rezoning to the zoning administrator. The application shall include the following:

(1)

A completed application form;

(2)

Payment of a fee, including an escrow amount, as established by the Township Board;

(3)

A narrative statement describing:

i.

The objectives of the PUD and how it relates to the intent of the PUD district, as described in section 109-21.01 of this chapter;

ii.

The relationship of the PUD to the master plan;

iii.

Any phases of development and approximate time frame for each phase;

iv.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD;

v.

Anticipated start and completion of construction;

vi.

Location, type, and size of areas to be dedicated open space; and

vii.

All modifications from the zoning regulations which would otherwise be applicable to the uses and structures proposed in the without this PUD.

(4)

A site plan which shall contain the information required by Article 23 herein.

(c)

Initial review at the Planning Commission work session (Step 3).

(1)

The Planning Commission shall review the application for rezoning and the site plan at a work session and make recommendations to the applicant regarding the PUD.

(2)

The applicant shall revise the PUD site plan as recommended by the Planning Commission and resubmit it to the zoning administrator in advance of the public hearing so as to allow sufficient time for review of the plan.

(d)

Planning Commission review of PUD site plan and Rezoning (Step 4).

(1)

The Planning Commission shall schedule a public hearing on the application for rezoning and PUD site plan. The notice of the public hearing shall follow the procedures in Section 109-33.01 of the zoning ordinance. Following the hearing, the Planning Commission shall then make a recommendation to the Township Board regarding the application for rezoning and PUD site plan. The Planning Commission shall base its recommendation on compliance with the standards of Section 109-21.09 herein.

(2)

The applicant shall make any revisions to the PUD site plan as required by the Planning Commission and submit the revised PUD site plan to the Township Board no later than 12 months after the Planning Commission's hearing on the Final PUD site plan.

(e)

Township Board review (Step 5).

(1)

After receiving the recommendation of the Planning Commission, the Board shall conduct a public hearing on the rezoning application and PUD site plan. The notice of the public hearing shall follow the procedures of Section 109-33.01 herein.

(2)

The Township Board shall then make its findings based on the PUD standards for approval in Section 109-21.09 of this chapter. Upon a determination that a proposed PUD meets such standards, the Township Board may approve the PUD rezoning and PUD site plan.

(3)

The Township Board may impose reasonable conditions upon its approval of the PUD. Such conditions may include conditions necessary to ensure that public services and facilities affected by the PUD will be capable of accommodating increased service and facility loads caused by the property use or activity, protect the natural environment and conserve natural resources and energy, ensure compatibility with adjacent uses of land, and promote the use of property in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

i.

They shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the proposed project under consideration, residents, and landowners immediately adjacent to the proposed PUD and the community as a whole;

ii.

They shall be related to the valid exercise of the police power and the purposes, which are affected by the proposed PUD;

iii.

They shall be necessary to meet the intent and purpose of this chapter, related to the standards established in the ordinance for the proposed PUD under consideration, and necessary to ensure compliance with those standards;

iv.

Those which are imposed with respect to the approval of a PUD shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Township Board and the property owner; and

v.

The decision of the Township Board shall not be appealed to the zoning board of appeals.

(Ord. No. 144, 8-13-2019)

A PUD shall be approved only if it complies with each of the following standards:

(a)

The proposed PUD complies with all qualifying conditions of Section 109-21.03 of this chapter;

(b)

The uses to be conducted within the proposed PUD are substantially consistent with the Comprehensive Plan, are based on the design of the PUD and the conditions imposed, or are appropriate for the proposed location, and they are not likely to lead to significant changes contained in the master plan for the area where the PUD is to be located;

(c)

The proposed PUD is compatible with surrounding uses of land, the natural environment, and the capacities of public services and facilities affected by the development;

(d)

The proposed uses within the PUD will not possess conditions or effects that would be injurious to the public health, safety or welfare of the community; and

(e)

The proposed PUD is consistent with the spirit and intent of the PUD district, as described in section 109-21.01 of this chapter and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning.

(Ord. No. 144, 8-13-2019)

(a)

Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the Township Board may require the applicant to enter into an agreement with the Township in recordable form, setting forth the applicant's obligations with respect to the PUD.

(b)

The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the final development plan with all required revisions, other documents which comprise the PUD, and all conditions attached to the approval by the Township Board.

(c)

A phasing plan shall also be submitted describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.

(d)

The agreement shall also establish the remedies of the Township in the event of default by the applicant in carrying out the PUD and shall be binding on all successors in interest to the applicant.

(e)

All documents shall be executed and recorded in the office of the Mason County Register of Deeds.

(Ord. No. 144, 8-13-2019)

(a)

Each development shall be under construction within 12 months after the date of approval of the PUD final development plan, except as noted in this section.

(b)

The Township Board 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 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.

(c)

Should the time limits provided in Section 109-21.11 of this article expire, the PUD site plan approval(s) shall be voided. This does not include any phases that may have received final PUD approval.

(d)

Should the PUD district be voided, the Township Board shall have the right to rezone the property back to the prior zoning classification(s) or to rezone it to any other zoning classification(s) in accordance with the requirements for rezoning of this chapter.

(e)

If the property is not rezoned, the subject property shall remain zoned as a PUD, but the PUD plans previously approved shall still be voided. In order to utilize the property as a PUD, an applicant shall submit plans for PUD site plan approval as stated in this chapter, but PUD rezoning by the Township Board shall not be required. However, a public hearing shall be held by both the Planning Commission and Township Board as part of the PUD site plan review process.

(Ord. No. 144, 8-13-2019)

Changes to an approved PUD shall be permitted only under the following circumstances:

(a)

The holder of an approved PUD final development plan shall notify the zoning administrator of any desired change to the approved PUD.

(b)

The zoning administrator may administratively approve minor changes, which are those which will not alter the basic design and character of the PUD or any conditions which were imposed as part of the original approval. Minor changes shall include, but not be limited to the following:

(1)

Reduction of the size of any building or sign;

(2)

Movement of buildings or signs by no more than ten feet;

(3)

Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent;

(4)

Internal rearrangement of a parking lot, which does not affect the number of parking spaces or alter access locations or design; and

(5)

Changes required or requested by the Township, Mason County, or other state or federal regulatory agency in order to conform to other laws or regulations or for reasons of public safety.

(c)

A proposed change, other than a minor change as determined by the zoning administrator, shall be submitted as a major amendment to the PUD and shall be processed in the same manner as an original PUD application as set forth in this chapter except that the PUD zoning shall remain in place.

(d)

The zoning administrator may refer any decision regarding any proposed change to an approved PUD site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In deciding whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the zoning administrator may consult with the chairperson of the Planning Commission.

(Ord. No. 144, 8-13-2019)