Putnam Township City Zoning Code
ARTICLE XII
Planned Unit Development PUD District
[Amended 10-16-2013 by Ord. No. Z-71; 1-20-2021 by Ord. No. Z-103]
§ 340-94 Purpose and intent.
The intent and purpose of this article is to:
A.
Establish the Planned Unit Development (PUD) District;
B.
Encourage flexible, innovative, context-sensitive, and higher-quality design of development;
C.
Encourage the use of land in accordance with its character and adaptability;
D.
Facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
E.
Encourage greater compatibility of design and use between neighboring properties;
F.
Reduce soil erosion by limiting the amount of clearing and grading necessary for development;
G.
Provide enhanced housing, traffic circulation, and recreational opportunities for the people of the Township;
H.
Encourage and provide for the preservation of significant natural features, including, but not limited to, steep hillsides, wetlands, significant views, floodplains, and mature woodland areas, that are in the best interest of the community that would otherwise be substantially destroyed by conventional development;
I.
Provide incentives to develop land containing significant natural features with a similar density to conventional development while preserving natural features that are in the public's interest to save;
J.
Promote the vision and goals of the Master Plan;
K.
Allow for residential and mixed-use planned unit developments, as provided in MCLA 125.3502 (PA 110 of 2006); and
L.
Establish the standards and the review process for planned unit developments.
§ 340-95 Qualifying conditions.
Property may be developed as a planned unit development if all of the following conditions are met.
A.
Recognizable and substantial benefit. The planned unit development shall provide recognizable and substantial benefits to the users of the development and the community beyond what could be realized from conventional development.
B.
Unified control. The applicant shall have ownership and/or control of all the area to be included in the planned unit development.
C.
Contiguous. All land to be included in a planned unit development must be contiguous.
D.
No previous planned unit development. The planned unit development option or open space development option has not been previously used for any of the land to be developed as part of the planned unit development.
E.
Minimum area. The planned unit development shall have a lot area of at least 15 acres.
§ 340-96 General provisions.
Planned unit developments shall meet the general provisions outlined below.
A.
Site plan. Site plan review approval, as outlined in Article XIV, Site Plan and Plot Plan Review.
B.
Approval of lots. The creation of lots as part of a planned unit development shall be through one of the following:
(1)
Subdivision. A platted subdivision, as outlined in § 111 et seq. of the Michigan Land Division Act (MCL 560.111 et seq.); or
(2)
Site condominium. A site condominium, as outlined in § 340-34, Site condominiums.
C.
Open space. All land within a planned unit development that is not devoted to a residential lot, another permitted use lot, street, vehicle parking, utility, building, or storm sewer shall be common area for recreation, conservation, agriculture, or preservation in an undeveloped state.
§ 340-97 Permitted uses.
The following uses are permitted within planned unit developments.
A.
Residential uses. The following residential uses are permitted within a planned unit development:
(1)
Single-family detached dwellings and associated accessory uses;
(2)
Two-family dwellings and associated accessory uses, limited to areas designated as High-Density Residential in the Future Land Use Map;
(3)
Multiple-family dwellings and associated accessory uses, limited to areas designated as High-Density Residential in the Future Land Use Map;
(4)
Family day-care homes;
(5)
Adult foster care family homes; and
(6)
Other residential uses permitted in the previous zoning district.
B.
Other uses. The following other uses are permitted within a planned unit development if the Township determines there would be no adverse impact to the planned unit development or the surrounding area.
(1)
Adult foster care small group home;
(2)
Group day-care homes;
(3)
Public or private recreational facilities, including, but not limited to, parks, beaches, playfields, and sports courts;
(4)
Amenities for residents of the planned unit development, including, but not limited to, club houses, pools, or tennis courts;
(5)
Recreational facilities open only to members, including, but not limited to, golf courses, athletic clubs, equestrian centers, or marinas;
(6)
Restaurants open only to members, without a drive-through, but including an abutting outdoor dining area;
(7)
Small retail store less than 2,000 square feet gross floor area; and
(8)
Commercial agricultural operations consistent with GAAMPs, including a roadside stand.
§ 340-98 Design standards.
Planned unit developments shall meet the design standards outlined below.
A.
Cohesive neighborhood. Planned unit developments shall be designed to create a cohesive residential neighborhood through common open space for passive and active recreation areas that are easily accessible to all residents.
B.
Location of lots. Residential lots shall be located and organized, to the greatest extent possible, as follows:
(1)
Alterations. In areas that require minimum alteration of the natural environment;
(2)
Soils. On the soils best suited for septic systems, for planned unit developments with on-site septic systems;
(3)
Views. In areas least likely to block or interrupt scenic vistas, as seen from public streets;
(4)
Agriculture. Upwind or adequately screened from agricultural areas that are subject to land management practices that may cause dust, odor, or similar nuisances; and
(5)
Boundaries. At least 100 feet from the exterior boundaries of the planned unit development.
C.
Utilities. All utilities within a planned unit development shall be installed underground.
D.
Access. Lots within a planned unit development shall have access from an internal street.
E.
Circulation. Planned unit developments shall provide internal circulation for vehicular and nonmotorized movement.
(1)
Vehicular circulation. In addition to the requirements of § 340-33, Private roads and shared driveways, roads shall be constructed as outlined below.
(a)
Connections. The vehicular circulation system shall be designed to provide connections to existing or potential future developments and planned street improvements.
(b)
Materials. Roads shall be paved.
(2)
Nonmotorized circulation. A nonmotorized circulation system shall be provided throughout the planned unit development.
(a)
Access. The nonmotorized circulation system shall provide access to all nonagricultural open space.
(b)
Connections. The nonmotorized circulation system shall be designed to provide connections to existing or potential future developments and to accommodate and connect with existing or planned nonmotorized improvements.
(c)
Materials. The nonmotorized circulation system may be concrete, asphalt, gravel, crushed limestone, wood chips, grass, or similar materials, according to the anticipated usage and character of the use and the area of the nonmotorized circulation system.
F.
Natural features. Planned unit developments shall be designed to promote the preservation of natural features, such as mature woodlands, steep slopes, wetlands, floodplains, stream corridors, and protected plant and animal habitats.
G.
Wetland buffer. All wetlands shall have a thirty-foot-wide natural buffer. Paths may be installed within this buffer.
H.
Water body buffer. The Township may require a natural buffer around water bodies up to 30 feet wide. Paths may be installed within this buffer and a small maintained area, including, but not limited to a park or beach, may be installed along the water body.
I.
Stormwater management system. Stormwater management systems shall use the natural systems to the greatest extent possible and shall preserve the quality and integrity of the natural system. Stormwater management systems that require unnecessary topographic alterations, erosion, heightened impurities directed to surface water and groundwater systems, and other similar negative impacts shall only be available if the Township Board determines that the use or creation of natural systems is not feasible.
J.
Phases. When a planned unit development is designed for construction in phases, the design shall allow for each phase to be capable of standing on its own, in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure the protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the surrounding area.
K.
Mixed uses. In planned unit developments that include a mix of residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and reviewed by the Township Board, with recommendation from the Planning Commission, for reasonableness.
§ 340-99 Open space standards.
Open space used to calculate the required open space and additional residential lots shall meet the standards outlined below.
A.
Minimum open space. Planned unit developments shall have a specified minimum open space, as outlined below. A planned unit development may, at the option of the applicant, use any open space option for which it qualifies.
(1)
Basic open space. Unless otherwise specified, the open space shall be at least 40% of the lot area of the project site before development.
(2)
Alternate minimum open space option 1. The open space shall be at least 35% of the lot area of the project site before development if all of the following conditions are true:
(a)
Lot area. The project site has a gross lot area of at least 320 acres, or equivalent;
(b)
Residential lot area. The average lot area for residential lots is at least five acres; and
(c)
Superior design. The planned unit development includes at least three superior design elements, as defined in § 340-100C, Superior design.
(3)
Alternate minimum open space option 2. The open space shall be at least 30% of the lot area of the project site before development if all of the following conditions are true:
(a)
Lot area. The project site has a gross lot area of at least 640 acres, or equivalent;
(b)
Residential lot area. The average lot area for residential lots is at least five acres;
(c)
Superior design. The planned unit development includes at least five superior design elements, as defined in § 340-100C, Superior design;
(d)
Equestrian. The planned unit development includes an equestrian center and equestrian trails; and
(e)
Future Land Use Map. The planned unit development is located within an area designated as Agricultural Preservation in the Future Land Use Map.
B.
Always open space. The following shall be considered open space for the purposes of calculating the minimum open space and additional residential lots:
(1)
Uplands. The area of uplands that is within open space and meets minimum dimensions;
(2)
Created water elements. The area of created creeks, rivers, lakes, ponds, and wetlands;
(3)
Nonmotorized circulation. The area for nonmotorized circulation, as further described below.
(a)
Calculation of area. The area within public or private rights-of-way or access easements for nonmotorized circulation shall be considered open space. If the nonmotorized circulation is within an open space, the area of the trail plus 10 feet to either side of the trail's edge shall be used for calculation purposes.
(b)
Public nonmotorized circulation. One hundred ten percent of the area of nonmotorized circulation dedicated to use by the general public shall be considered open space.
(c)
Public equestrian nonmotorized circulation. One hundred twenty-five percent of the area of nonmotorized circulation dedicated to use by the general public shall be considered open space if it includes separate trails dedicated to pedestrian and cyclist use and to equestrian use.
(4)
Equestrian fields. One hundred fifty percent of the area used by equestrian centers for grazing and open space that maintains a vegetative cover shall be considered open space, limited to areas designated as Agricultural Preservation in the Future Land Use Map.
C.
Partially open space. The following shall be considered partially open space or not open space for the purposes of calculating the minimum open space and additional residential lots, as described below.
(1)
Lots. The area within any lot that will be used for a dwelling, club house, utilities, or other similar structure or use shall not be considered open space, unless otherwise specified.
(2)
Rights-of-way. The area within all public and private rights-of-way and access easements shall not be considered open space, except for nonmotorized circulation.
(3)
Parking. The area dedicated to off-street parking areas shall not be considered open space.
(4)
Existing water bodies. The area of existing creeks, rivers, and lakes shall not be considered open space, unless otherwise specified.
(5)
Commercial uses. The area of any lot used for commercial purposes shall not be considered open space, unless otherwise specified.
(6)
Utility easements. Fifty percent of the area dedicated for overhead high-voltage utility lines or below-ground utilities within common areas and outside of rights-of-way shall be considered open space.
(7)
Lakes with park. Up to 50% of the surface area of existing lakes, as defined by the ordinary high-water mark, within open space shall be counted as open space, as outlined below.
(a)
Ratio. For each 2% of the shoreline, as defined by the ordinary high-water mark, that is a park or similar common space providing access to the lake, 1% of the surface area of the lake surface area shall be considered open space.
(b)
Ownership. In order to qualify as open space, the project must have exclusive ownership or control of the bottom lands under the lake. The existence of previously granted or established lake access easements shall not be disqualifying.
(c)
Access. In order to qualify as open space, the lake must not have a public boating access site.
(8)
Wetlands. Fifty percent of the area of existing wetlands within common areas shall be considered open space.
(9)
Ponds. Fifty percent of the area of ponds within open space with common access for residents of the planned unit development shall be considered open space. Ponds within open space without common access for residents of the planned unit development shall not be considered open space.
(10)
Floodplains. Fifty percent of the area within a floodplain shall be considered open space.
(11)
Agriculture. Fifty percent of the area dedicated to or used by commercial agricultural operations by easements or other restrictions shall be considered open space, whether or not the area is within an open space.
(12)
Equestrian fields. Fifty percent of the area used by equestrian centers for grazing and open space that maintains a vegetative cover shall be considered open space, limited to areas not designated as Agricultural Preservation in the Future Land Use Map.
(13)
Golf courses. Twenty-five percent of the area of golf courses, driving ranges, or putting greens shall be considered open space.
(14)
Wetlands within lots. Twenty-five percent of the area of existing wetlands within individual lots that are protected with a conservation easement shall be considered open space.
D.
Contribution limitations. Existing water bodies, lakes with parks, wetlands, and ponds shall contribute no more than 50% of the required open space for the area used to calculate the minimum open space or additional lots.
E.
Structures. Structures within open space shall be limited to a cumulative coverage of 1% of the open space.
F.
Ownership and control. The open space shall be owned and controlled by a homeowners' association or nonprofit land or nature trust or conservancy.
G.
Design and location. Open space shall be designed and located as outlined below.
(1)
Exterior roads. Open space shall be located along all exterior public roads and shall have a depth of at least 100 feet.
(2)
Adjacent open space. If a planned unit development is adjacent to an established planned unit development or other recreation area with a contiguous open space, it shall include some open space adjacent to that open space.
(3)
Open space between lots. Open space between residential lots shall have a width of at least 100 feet.
(4)
Accessibility. Open space shall be available and accessible to all residents of the development. Safe and convenient nonmotorized access points shall be provided.
(5)
Water body. If the project contains a water body or is adjacent to a water body, the Township may require all or a portion of the water body be abutted by open space.
(6)
Preservation. Open space shall be located to preserve significant natural resources, scenic vistas, steep slopes, special plant and animal habitats, and similar.
H.
Conservation guarantee. The open space shall remain in that state in perpetuity, subject to uses approved by the Township or in the approved plan. A conservation guarantee or easement shall ensure that the dedicated open space will be protected from all forms of development.
(1)
Allowable uses. The conservation guarantee shall list the proposed allowable uses for the open space.
(2)
Restrictions. The conservation guarantee shall prohibit the following activities within the open space:
(a)
Dumping. Dumping or storage of hazardous materials or refuse;
(b)
Soil erosion. Activities that may cause unnecessary soil erosion;
(c)
Off-road vehicles. Use of off-road vehicles, except for agricultural and maintenance vehicles and golf carts for golf courses;
(d)
Vegetation removal. Cutting or removal of vegetation, except for dying or diseased vegetation, invasive or pest species, seasonal pruning, necessary maintenance, and agricultural operations;
(e)
Wetland. Cutting, filling, or removal of vegetation from wetland areas, except for invasive species. The Township may permit limited activities within wetlands, consistent with the Township's Wetlands Protection Ordinance, Chapter 330 of the Code of Ordinances, and state permits; and
(f)
Chemical use. Use of pesticides, herbicides, or fertilizers within the wetland and water body buffers established in § 340-98G, Wetland buffer, and § 340-98H, Water body buffer, except those deemed necessary to address a public health emergency or for the management of invasive species.
(3)
Recording. The conservation guarantee, following approval by the Township, shall be recorded with the Register of Deeds at the applicant's expense, with a recorded copy provided to the Township. The conservation guarantee may be included as part of a master deed if the Township has and retains the authority to review and approve all changes to the master deed.
§ 340-100 Additional lots.
The Township Board, upon recommendation from the Planning Commission, may approve additional lots beyond those allowed in a conventional plan, as outlined below.
A.
Conventional plan. A feasible conventional plan shall serve as the basis for granting any additional lots.
(1)
Adequate detail. While intended as a conceptual plan, the Planning Commission shall only approve a conventional plan after determining that the submitted plan would otherwise be approvable under current Township ordinances and review considerations. The conventional plan shall provide enough detail for the Planning Commission to make this determination, and the Planning Commission may request additional detail or information it determines necessary.
(2)
Buildable lots. All lots or buildings shown in the conventional plan shall be located on buildable lots, with sufficient size and shape to accommodate a building, septic system, and well system, in compliance with the existing district standards.
(3)
Wetland areas. Areas of wetlands, water bodies, and other unbuildable areas shall not be included within buildable areas but may be included in the lot area calculations.
B.
Additional open space. Additional residential lots shall be awarded for providing additional open space beyond the minimum required, as outlined below. These additional residential lots shall be in addition to any additional residential lots granted for superior design.
(1)
Increase. A 1% increase in the number of lots in the conventional plan, rounded down, shall be granted for each 1% increase in open space area.
(2)
Maximum increase. The additional residential lots from additional open space shall not exceed 25% of the lots allowed in the conventional plan.
C.
Superior design. Additional residential lots shall be awarded for each superior design element included in the planned unit development, as outlined below. These additional residential lots shall be in addition to any additional residential lots granted for open space.
(1)
Increase. A 5% increase in the number of lots in the conventional plan, rounded down, shall be granted for each of the superior design elements, unless otherwise noted.
(2)
Buffer. Providing additional buffer depth along exterior roads or adjacent properties in a manner that reduces the impact of the planned unit development on the surrounding area by enhancing or preservation of rural character along the road or the adjacent properties.
(3)
Landscaping. Providing additional landscaping that uses native species in a manner that reduces the visual impact of the planned unit development on the surrounding area or improves the environment.
(4)
Agricultural operation. Allowing commercial agricultural operations within the planned unit development.
(5)
Equestrian center. Providing an equestrian center, limited to areas designated as Agricultural Preservation in the Future Land Use Map.
(6)
Traffic calming. Integration of traffic calming within the design of the planned unit development.
(7)
Public nonmotorized circulation. Dedicating or permitting public use of nonmotorized circulation within the planned unit development.
(8)
Dwelling mix. Providing a mix of dwelling unit types, limited to areas designated as High-Density Residential in the Future Land Use Map.
(9)
Traditional neighborhood. Providing a traditional neighborhood design, limited to areas designated as High-Density Residential in the Future Land Use Map.
(10)
Architectural details. Constructing buildings with all of the following architectural design details:
(a)
Predominant materials. The predominant exterior materials shall be brick, architectural steel, wood lap, cementitious wood lap, stucco, stone, cultured stone, or glass;
(b)
Accent materials. Other materials, including, but not limited to, vinyl siding, aluminum siding, and colored, split-face concrete masonry units shall only be used for architectural accents;
(c)
Variation. Variations of exterior design, material, pattern, or color; and
(d)
Visual interest. Architectural details that create visual interest, including, but not limited to, columns, pilasters, friezes, awnings, dynamic roof lines, extended overhangs, belt courses, and quoining.
(11)
Maximum increase. The additional residential lots from superior design shall not exceed 25% of the lots allowed in the conventional plan.
D.
Maximum increase. The total additional residential lots from § 340-100B, Additional open space, and § 340-100C, Superior design, shall not exceed 35% of the lots allowed in the conventional plan.
E.
Nonresidential lots. Additional lots may be granted for nonresidential uses beyond the number of lots allowed in the conventional plan for shared common elements of the development or other permitted nonresidential uses.
§ 340-101 Modification of standards.
The Township Board may modify specific standards of this chapter as part of planned unit development review and approval, as outlined below.
A.
Conflict. If another section of this chapter provides a process for modification or administrative adjustment of standards of this chapter, that section shall be controlling.
B.
District development standards. The standards of the previous zoning district, including, but not limited to, setbacks, coverage, lot area, or lot width, may be modified, as outlined below.
(1)
Standards of review. In order to grant a modification of district developmental standards, the Township Board shall make a finding that all of the following are true:
(a)
Recognizable and substantial benefit. The planned unit development shall result in a recognizable and substantial benefit to the ultimate users of the planned unit development and the Township;
(b)
Higher-quality development. The planned unit development shall result in a higher-quality development than that permitted by the previous zoning district developmental standards; and
(c)
Modification necessary. The recognizable and substantial benefit and higher-quality development could not be achieved without the modification.
(2)
Limitations. All residential lot widths shall be at least 60 feet, and all residential lots shall be adequate to fit any necessary on-site well and septic systems.
C.
Planned unit development standards. The design standards in § 340-98, Design standards, and open space standards in § 340-99, Open space, may be modified, as outlined below.
(1)
Standard of review. In order to grant a modification of the planned unit development design standards and open space standards, the Township Board shall make a finding that all of the following are true:
(a)
Intent and purpose. The modification shall be consistent with the intent and purpose of planned unit developments;
(b)
Public purpose. Strict adherence to the standard will not serve a valid public purpose;
(c)
Higher quality. The modification shall be necessary to achieve a higher-quality development than would be possible with conventional development; and
(d)
Nuisance and safety. The modification shall not create a nuisance or safety hazard.
(2)
Limitations. Modifications shall be limited, as outlined below.
(a)
Utilities. Modifications shall not be made to § 340-98C, Utilities.
(b)
Open space. Modifications of open space standards shall be limited to § 340-99E, Structures, and § 340-99G, Design and location.
D.
Documentation. The planned unit development application shall list all of the requested modifications, and the approved plan shall list of all of the modified standards that were approved by the Township Board.
E.
Effect. Specific standards of this chapter that have been modified for a planned unit development shall have the same force and effect as though the modified standard were a part of this chapter. They shall become the standards for the planned unit development and shall only be amended or revoked as outlined in this article.
§ 340-102 Authority.
Authority to act on planned unit development applications shall be as outlined below.
A.
Preliminary approval. The Planning Commission shall have the authority to approve conventional plans and preliminary planned unit development plans and to make recommendations to the Township Board.
B.
Final approval and modification of standards. The Township Board shall have the authority to approve final planned unit development plans and to modify the standards of this chapter, as outlined in this article.
C.
Appeal of decision. The Zoning Board of Appeals shall not have the authority to hear an appeal of a decision of the Planning Commission or Township Board to approve or deny a planned unit development.
D.
Variances. The Zoning Board of Appeals shall not have the authority to grant variances from the standards of this article.
§ 340-103 Review process.
Planned unit developments shall be reviewed as outlined below.
A.
Zoning Map amendment. The planned unit development approval shall constitute a rezoning to the planned unit district.
B.
Preapplication conference. The applicant shall meet with the Planning Commission, Zoning Administrator, and any staff and consultants the Township deems appropriate before submission of a planned unit development application. The applicant shall present a sketch plan of the proposed planned unit development and the following additional information:
(1)
The total number of gross and net acres in the project;
(2)
A statement of the number and nature of residential units;
(3)
The number and type of nonresidential uses;
(4)
Description of the nature and number of acres to be preserved as open space;
(5)
The number of acres occupied by each type of use;
(6)
Known deviations from ordinance standards being sought;
(7)
Description of how the project meets the qualifying standards for planned unit developments;
(8)
Description of shoreline management plan, for planned unit developments containing or adjacent to water bodies; and
(9)
All known natural resources and natural features to be preserved and a separate indication of those to be removed.
C.
Preliminary plan. Following the preapplication conference, the applicant shall submit a preliminary site plan of the proposed planned unit development, as outlined in Article XIV, Site Plan and Plot Plan Review. The application shall also include a narrative describing the project, explain the manner in which qualifying conditions and standards of review are met, and list the deviations from the standards of this chapter.
D.
Planning Commission action. The Planning Commission shall review the preliminary site plan and shall take one of the following actions:
(1)
Approval. The Planning Commission shall grant preliminary approval or approval with conditions upon finding that the preliminary plan meets the criteria in this chapter. Approval constitutes approval of the uses and design concept, as shown in the preliminary plan, and shall only confer the right to proceed to preparation and submission of the final plan; approval of the preliminary plan by the Planning Commission shall not bind the Township Board to approve the final plan or the Zoning Map amendment;
(2)
Postponement. The Planning Commission may postpone any action until a revised preliminary plan is resubmitted upon finding that the preliminary plan does not meet the criteria in this chapter but could meet the criteria if revised; or
(3)
Denial. The Planning Commission shall deny preliminary approval upon finding that the preliminary plan does not meet the criteria in this chapter and no further consideration of the planned unit development shall be permitted for a period of one year, unless amended to address the reasons for denial.
E.
Final plan. Following approval or approval with conditions of a preliminary plan, the applicant shall submit a final plan, as outlined below.
(1)
Period. A complete final site plan and supporting materials required by this chapter shall be submitted between 30 and 365 days following approval of the preliminary plan. If a final plan is not submitted within that period, the preliminary plan approval shall become null and void.
(2)
Information required. A final site plan and application for a planned unit development shall include the following information:
(a)
A final site plan meeting all the requirements of Article XIV, Site Plan and Plot Plan Review;
(b)
A table listing all of the deviations from this chapter that would otherwise be applicable to the uses and development proposed;
(c)
A schedule of the intended development and construction details, including phasing and timing;
(d)
A schedule of the general improvements that are a part of the development, including, but not limited to, lighting, signs, noise mitigation measures, utilities, and visual screening features;
(e)
Specification of the exterior building materials for the structures in the project;
(f)
A shoreline management plan, for planned unit developments containing or adjacent to water bodies;
(g)
Signatures of all parties having any interest in the property with a statement of the nature of their interest and intention to see the development of the property completed in accordance with the approval, if granted; and
(h)
Any additional information deemed necessary to determine compliance with this chapter and other Township ordinances.
F.
Planning Commission recommendation and Township Board action.
(1)
The final plan shall constitute an application for a Zoning Map amendment for the property to the Planned Unit Development District and shall be noticed for a public hearing before the Planning Commission. It shall be otherwise be acted upon by the Planning Commission, the Township Board, and the county, as provided by law, using the procedures and requirements necessary for a Zoning Map amendment.
(2)
Planning Commission recommendations. The Planning Commission shall, to the extent it deems appropriate and necessary, submit detailed recommendations relative to the planned unit development, including recommendations with respect to matters on which the Township Board may exercise discretion.
(3)
Township Board action. The Township Board, upon recommendation of the Planning Commission, shall ensure that all applicable regulations of this chapter, the applicable provisions of the Master Plan, the review standards of § 340-103H, Review standards, of this article, and other Township ordinances, standards, or policies are met.
(4)
Effect of approval. The planned unit development with any conditions imposed, if approved, shall constitute a Zoning Map amendment of the land to the Planned Unit Development District and shall act as the land use authorization for the property, and all improvements and uses shall conform to that approval.
(5)
Notice of approval. Notice of adoption of the Zoning Map amendment, including the final planned unit development plan and any conditions, shall be recorded at the Livingston County Register of Deeds, in addition to any other requirements of the Zoning Enabling Act.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
G.
Conditions. Conditions may be placed on approval of a planned unit development, to the extent authorized by law, as outlined below.
(1)
Public services. Conditions may be required to ensure that public services and facilities will be sufficient to serve the planned unit development.
(2)
Natural environment. Conditions may be required to ensure protection of the natural environment.
(3)
Compatibility. Conditions may be required to ensure compatibility with adjacent uses of land.
(4)
Use of land. Conditions may be required to promote the use of land in a socially and economically desirable manner.
(5)
Public purpose. Conditions shall be designed to protect public health, safety, and welfare reasonably related to the purposes affected by the planned unit development, necessary to meet the intent and purpose of this chapter, and related to the objective of ensuring compliance with the standards of this chapter.
(6)
Special assessment district. The Township may require establishment of a special assessment district to ensure continuation of amenities, infrastructure, and superior design elements.
(7)
Financial guarantees. With respect to financial guarantees, the final approval of a planned unit development shall be conditioned on one of the following:
(a)
The construction of improvements required by this article shall have been completed and approved by the Township; or
(b)
Surety acceptable to the Township shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit, or surety bond, as described in § 340-104.2, Performance guarantee.
(8)
Record. All conditions imposed shall be made a part of the record of the approved planned unit development.
H.
Review standards. The Planning Commission and Township Board shall use the following review standards in their consideration of a planned unit development. In order to approve a planned unit development, the Township Board shall find all of the following to be true:
(1)
Intent and purpose. That the planned unit development meets the intent and purpose of this article, as described in § 340-94, Purpose and intent;
(2)
Qualifying conditions. That the planned unit development meets the qualifying conditions of this article, as described in § 340-95, Qualifying conditions;
(3)
Surrounding character. That the planned unit development does not substantially alter the character of the general neighborhood in which the development is proposed;
(4)
Single-family uses. That the locations of the proposed buildings in the planned unit development will not have an unduly negative impact on other single-family uses in the vicinity of the proposed development;
(5)
Existing features. That the planned unit development, where applicable, preserves in perpetuity unique site conditions, including, but not limited to, significant natural features, large open space areas, undeveloped lands, or active agricultural land;
(6)
Master Plan. That the proposed planned unit development shall be consistent with the vision and goals of the Master Plan;
(7)
Compatibility. That the proposed use or uses shall be of such location, size, and character as to be compatible with the zoning district in which it is located and shall not be detrimental to the adjoining zoning districts;
(8)
Circumvention. That the submission of the planned unit development is not an attempt to circumvent the strict application of the requirements of this chapter; and
(9)
Final site plan. That the final site plan meets the requirements of Article XIV, Site Plan and Plot Plan Review.
§ 340-104 Expiration.
Final approval of a planned unit development shall be valid for a period from the date of approval, as outlined below.
A.
Single-phase. Construction for single-phase planned unit developments shall be commence within one year following final approval of the planned unit development.
B.
Multiple-phase. Construction each phase of a multiple-phase planned unit development shall commence within one year of the start date approved for the phases by the Township Board.
C.
Effect. If construction does not commence within the above period, the approval shall become null and void. Approved planned unit developments that have expired shall be resubmitted for review as a new application.
D.
Extension request. If a complete application for an extension has been submitted before the expiration date, the planned unit development shall remain valid until the reviewing authority makes a decision on the extension request.
E.
Extensions. The Planning Commission can grant a single, one-year extension for a planned unit development or a phase of a planned unit development, and the Township Board can grant an additional single, one-year extension for a planned unit development or a phase of a planned unit development, upon finding that all of the following are true:
(1)
Application date. The application for an extension was submitted before the expiration date;
(2)
Applicant effort. The applicant has made a good-faith effort to commence construction in a timely manner and the delay was not the result of actions or inaction of the applicant;
(3)
Substantial changes. There have been no substantial changes on abutting properties or the area since the original approval that would raise concern of the impact of the approved planned unit development on those properties or the planned unit development; and
(4)
Current standards. The approved planned unit development shall be in substantial compliance with this chapter at the time of extension.
§ 340-104.1 Deviations from approved planned unit development.
Deviations from the approved final planned unit development plan may occur only under the conditions described below.
A.
An applicant or property owner who has been granted final planned unit development plan approval shall notify the Planning Commission of any proposed amendment to such approved final plan or planned unit development conditions.
B.
Minor changes. Minor changes may be approved by the Planning Commission at a public meeting, but without a public hearing, upon certification in writing to the Planning Commission that the proposed revision does not alter the basic design nor any conditions of the plan imposed upon the final approval. In considering such a determination, the Planning Commission shall consider the following to be a minor change:
(1)
For residential buildings, the size of structures may be reduced, or increased by 5%, provided that the overall number of units does not increase;
(2)
Square footage of nonresidential buildings may be decreased or increased by up to 5% or 10,000 square feet, whichever is smaller;
(3)
Horizontal and/or vertical elevations may be altered by up to 5%;
(4)
Movement of a building or buildings by no more than 10 feet; however, established setbacks shall not be encroached;
(5)
Plantings approved in the final planned unit development landscape plan may be replaced by similar types of landscaping on a one-to-one or greater basis;
(6)
Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.;
(7)
Changes in floor plans which do not alter the character of the use;
(8)
Slight modification of sign placement or reduction of size;
(9)
Relocation of sidewalks, nonmotorized trails, and/or refuse storage stations;
(10)
Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design; and
(11)
Changes required or requested by the Township or other agencies for safety.
C.
Non-minor changes. Should the Planning Commission determine that the requested modification to the approved planned unit development plan is not minor or if a change in land use has occurred that is different from the approved land uses, formal resubmittal to the Planning Commission shall be necessary, and a new public hearing and notification shall be required.
D.
Significant changes. Should the Planning Commission determine that the modifications to the approved planned unit development plan significantly alter the intent of the original approval, a new planned unit development application shall be required.
E.
Violation. Any deviation from the approved planned unit development plan, except as authorized in this section, shall be considered a violation of this chapter and treated as a misdemeanor. Further, any such deviation shall invalidate the planned unit development designation. The Planning Commission shall review all violations, at which time all planned unit development implementation shall cease until each issue is resolved.
§ 340-104.2 Performance guarantee.
Performance guarantees shall be required for planned unit developments, as described below.
A.
In lieu of the actual installation of required public improvements, the Township Board, on recommendation of the Planning Commission, may permit the applicant to provide a financial guarantee of performance of one or a combination of the requirements of the Township, the County Road Commission, County Drain Commission, or any other agency responsible for the administration, operation, or maintenance of the applicable public improvement. The Planning Commission may recommend and the Township Board may waive financial guarantees of performance under this article for nonmotorized circulation, streetlights, or street trees. In the case of all improvements, completion shall be required before the issuance of occupancy permits.
B.
Performance of surety bond.
(1)
Accrual. The bond shall accrue to the Township, covering construction, operation, and maintenance of the specific improvements.
(2)
Amount. The bond shall be in an amount equal to the total estimated cost for completing construction of the specific improvements, including contingencies, as estimated by the Township Board.
(3)
Term length. The term length in which the bond is in force shall be for a period to be specified by the Township Board for the specific improvements.
(4)
Bonding for surety company. The bond shall be with a surety company authorized to do business in the State of Michigan, acceptable to the Township Board.
(5)
The escrow agreement shall be drawn and furnished by the Township Board.
C.
Cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit.
(1)
Treasurer, escrow agent, or trust company. A cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, or such surety acceptable by the Township Board, shall accrue to the Township. These deposits shall be made with the Township Treasurer, or trust company, subject to the approval of the Township Board.
(2)
Dollar value. The dollar value of the cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit shall be equal to the total estimated cost of construction of the specific improvements, including contingencies, as estimated by the Township Board, in consultation with an independent engineer.
(3)
Escrow time. The escrow time for the cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit shall be for a period to be specified by the Township Board.
(4)
Progressive payment. In the case of cash deposits or certified checks, negotiable bonds or irrevocable bank letters of credit, an agreement between the Township and the developer may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the improvements in accordance with a previously entered into agreement.