A.

It is deemed necessary to the preservation of health, safety and welfare that the certain uses hereinafter set forth be specially controlled because they serve an area, market and/or purpose considerably beyond the borders of the Township and/or create particular problems of control in relation to adjoining uses, districts, public health, safety and welfare. These uses, because of their unique characteristics and/or effects upon public health, safety and welfare, are deemed to be impractical to be permitted without Special Land Use or Planned Unit Development (PUD) approval, and then only as specifically allowed.

The intent of the Planned Unit Development is to permit flexibility in the regulations of land development; encourage innovation in land use and variety of design, layout and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; encourage useful open space; and provide better housing, employment and shopping opportunities particularly suited to the needs of the residents of the Township.

The specific objectives of this section are to:

•

Provide for a mixture of acceptable uses such as commercial, industrial, office, and residential.

•

Allow for an innovative site design that incorporates all uses, parking, open spaces, etc.

•

Approve the development of a planned unit development through an overall site development plan.

•

Provide for flexibility in setbacks, building relationships, and use relationships.

•

Provide regulations for coverage, density, and building heights.

•

Provide a mechanism for managing site access for multiple uses through joint roads and driveways as well as interconnection of uses.

A.

Planned unit developments (PUDs) may be permitted as regulated in this section within all Zoning Districts.

A.

All permitted uses within the underlying Zoning Districts. (Uses consisting largely of outdoor storage and/or outdoor operation shall be located in an internal location when feasible. Further, landscaping and screening which completely masks such storage or activity shall be provided.

A.

All special land uses in the Residential Districts.

B.

All special land uses within the Non-Residential Zoning Districts.

A.

Ownership and Minimum Site Area.

Any person or persons having a beneficial interest or right to obtain a beneficial interest in at least five (5) acres of land may apply for development as a PUD under the procedures for, and in compliance with, the standards of herein.

B.

Access.

The PUD must have direct access to a regional, major or secondary road as defined in the Township Master Plan. Local roads adjacent to the PUD shall not be used except for uses and traffic intensity compatible with the adjacent zoning. Access drives within close proximity to major intersections of public streets shall be avoided. Common drives or roadways shall be provided for all uses on site. The use of boulevard roadways and entryways is encouraged. Further, separate roads may be provided for truck traffic as deemed appropriate by the Planning Commission.

Approval of a PUD shall require a two-step process by the Township Planning Commission, preliminary and final PUD approval. The preliminary phase shall involve a review of the preliminary PUD development plan to determine its suitability and consistency in the land use and zoning patterns of the Township. The final phase shall require detailed site plans for all or various parts of the preliminary PUD development plan prior to the issuance of building permits. The Ray Township Planning Commission shall be the reviewing and approving body for PUDs.

A.

Submission of Preliminary Plans.

An application as supplied by the Township along with all applicable fees as established by the Township Board shall be submitted to the Township along with the necessary number of copies of the site plan and supplemental information. Unless otherwise stated within this Ordinance, the requirements and review process of Section 2100- 2109 shall be met. The following documentation and information shall be provided with the preliminary plans:

1.

A boundary survey of the exact acreage being requested, to be performed by a registered land surveyor or civil engineer (Scale: 1" = 200').

2.

A topography map drawn as contours, with an interval at a maximum of two (2) feet. This map shall indicate all stands of trees, bodies of water and unbuildable area due to soil conditions, wetlands, topography or similar conditions (Scale: 1" = 200').

3.

A recent aerial photograph of the area shall be provided (Scale: 1" = 200).

4.

A preliminary development plan for the entire PUD area, carried out in such detail as to indicate the functional use areas, any subdivision of land, building layout, architecture and design and the character of non-residential development being requested; the densities being proposed; a generalized thoroughfare, traffic and pedestrian circulation plan; natural resource areas and other usable open spaces, and common areas for users of the Planned Unit Development. Phasing lines (if proposed) must be shown on the plan at this time.

5.

A preliminary utility plan shall show each utility as a one-line diagram, with flow direction drawn on the proposed street or site layout. Preliminary estimates shall also be provided regarding contemplated total storm water flow, sanitary sewage flows and water requirements. The anticipated method of treating sanitary sewer flows and providing water shall be specified. The Planning Commission may require appropriate studies to verify the ability of the site to accommodate onsite water and sewer.

6.

All supporting documentation and material as to the development's objectives and purposes to be served; economic feasibility; conformity to plans and policies of the Township; market needs; utilities and circulation facilities; impact on natural resources; impact on the general area and adjacent property; estimated cost; and a staging plan showing the general time schedule of and expected completion dates of the various elements of the plan. The Township may require the applicant to provide additional information demonstrating the demand for this project, surety that public services and facilities affected by the land use or activity will be capable of accommodating the increased service and facility loads caused by the land use or caused by the activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent land uses, and to promote the use of land in a socially and economically desirable manner. Such information may include, but shall not be limited to, the following: market demand studies, relevant financial information, banking references, and examples of previously completed projects.

7.

The general architectural themes shall be presented to the Planning Commission for approval at the preliminary planned unit development phase.

B.

Review of Preliminary Plans.

Upon receipt of a completed application for preliminary approval, and all required supplemental information the Planning Commission shall set and hold a public hearing on the application. Proper notice, as required by the Township Zoning Act, shall be given to required individuals/property owners. The applicant shall make a presentation to the Planning Commission and the public regarding the proposed PUD.

The Planning Commission shall review all applicable site plans, correspondence, studies, public comment, etc. in reviewing a PUD application. In addition the Planning Commission shall use the planning standards contained within Section 2202 and this Section. Further, in reviewing the PUD application the Planning Commission shall also review adjacent land use, adjacent zonings, adjacent Master Plan designations, etc. to ensure that the intent of the PUD meets the intent of the Townships goals, policies and land use planning practices for the particular area in which it is proposed. And finally that there is, or will be at the time of development, an adequate means of disposing of sanitary sewage and of supplying the development with water, and the road system and storm water drainage system will be adequate.

C.

Action on Preliminary Planned Unit Plan submitted to the Planning Commission.

1.

If the Planning Commission determines the application meets the standards and requirements set forth herein, it shall approve the preliminary PUD plan by motion including the finding of facts and reasons for such preliminary approval. If the Planning Commission determines the application does not meet the standards and requirements set forth herein, it shall deny the application and provide the reasons for denial in the Commission minutes.

2.

Once an area has been included within a preliminary development plan for Planned Unit Development and the Commission has approved such plan, no development may take place in such area, nor may any use thereof be made, except in accordance with the preliminary development plan approved or in accordance with a Commission approved amendment thereto.

3.

Within a period of eighteen (18) months following approval by the Commission, final detailed site plans for the entire area embraced within the area approved for development under this district by the Commission must be submitted as hereinafter provided. If such site plans have not been submitted and approved within the two (2) year period, the right to develop under the approved plan may be terminated by the Commission and a new application must then be filed and processed in the same manner as in the original instance if the project is to be considered for continuation.

D.

Submission of Final Plans.

1.

Before any building permits shall be issued for buildings and structures within the area of the Planned Unit Development District, a final detailed site plan for all or a portion of the PUD site shall be submitted to the Planning Commission for review. The following documentation shall be submitted with the final plans:

a.

A detailed site plan (meeting the requirements of the SITE PLAN REVIEW Section, fully dimensioned, showing a fully scaled plan view of all buildings, all public road rights-of-way and private streets (commercial and industrial), boundaries and acreage of each use area and the proposed ultimate density thereof, parking areas, utilities; and the detailed site plan shall indicate plans for natural resource preservation, the development of open space or areas to be set aside for the use of the public within the development (Scale: 1" = 50').

b.

The proposed topography, contour interval of at least two (2) feet, shall be superimposed on all site plans (Scale: 1":50').

c.

Typical floor plans for all principal buildings and structures, with a schedule of building types.

d.

Each plat or site plan within the PUD submitted for final approval shall, either individually or in combination with previously approved project areas, meet the standards of this Section as to density and open space requirements. Open space shall be computed as a proportionate amount of the total open space requirement.

e.

A final scheduling indicating the proposed timing of the development, including phasing and partialization, if appropriate.

f.

Statement of Covenants, Grants of easement sand other restrictions to be imposed upon the uses of land and structures.

g.

Any other data, plans, or drawings considered by the Planning Commission to be necessary for the consideration of the proposal, including but not limited to assurances that areas shown on the plan for use by the public and occupants shall be, or have been, irrevocably committed for that purpose. The Township reserves the right to require conveyances or other documents to be placed in escrow. Assurance of financial support for and maintenance of all improvements indicated on the plan for open space areas and common use areas. Assurances may require posting of bonds as determined by the Township Planning Commission.

h.

All other provisions of Sections 2100-2109 shall be met, unless otherwise provided in this section.

E.

Review of Final Plans.

The Planning Commission shall review the final site plans, additional documentation provided by the applicant, and reviewing agency's comments. In the process of review, the Planning Commission shall consider:

1.

Specific development requirements set forth in this Section.

2.

The location and design of service roads or drives and driveways providing vehicular ingress to and egress from each building site, in relation to streets giving access to the site and in relation to pedestrian traffic.

3.

The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will ensure:

a.

Safety and conveniences of both vehicular and pedestrian traffic, both within the site and in relation to access streets.

b.

Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent parcels and districts.

c.

Accessibility afforded to emergency vehicles.

4.

The arrangement of use areas on the site in relation to functional, efficient and compatible arrangements within the site and also to adjacent uses.

a.

The treatment of public space.

b.

The availability of sewer and water capacity and the capacity of other utilities.

c.

The impact on air quality.

d.

The potential noise from development and traffic sources.

5.

The plan's conformity with, and compatibility to, the character of the surrounding property and that it will not substantially interfere with the safety, light, air and convenience of the surrounding private and public property.

6.

Any other matters that are within the township departments' or the planning commission's jurisdiction.

7.

Before approval of any final, detailed site plan, the Township Planning Commission shall determine:

a.

That all use areas shown upon the development plan for the entire Planned Unit Development District for use by the public or the users of land within the Planned Unit Development District have been irrevocably committed to such uses by dedication, restrictive covenants or in some other manner satisfactory to the Township.

b.

That the final detailed site plan is in conformity with the original preliminary plan previously approved.

c.

That the sanitary sewage, water and storm water drainage requirements of the proposed development have been adequately addressed by the applicant.

d.

If necessary, the provision of public roads has been made so as to cause continuity of public access between any abutting thoroughfare and ingress and egress to all development within the plan.

F.

Action on Final Submittal to the Planning Commission.

1.

If the Planning Commission determines the final plans meet the requirements set forth, the Commission shall approve the final plans. Any approval of the Planning Commission may include conditions as set forth herein. If the Commission determines that the final plans do not meet the requirements set forth, the Commission shall deny the application. The reasons for the denial of the application and the final plans shall be set forth in detail in the Commission minutes.

2.

Upon approval of the Commission, each detailed final site plan shall be effective for a period of one (1) year. If development in compliance with a final site plan is not substantially underway in this period, further development shall not be approved until the final site plan in question is completed or until the timeframe for completion is extended or waived by the Planning Commission. Reasons for extending such timeframe may include a showing by the applicant of good faith in completing engineering review and approval or construction or the overall project still meets the intent of the original approval.

G.

Conditions to Approvals.

1.

The Planning Commission may impose such conditions or limitations in granting approval as may be permitted by State law and this Ordinance that it deems necessary to fulfill the spirit and purpose of this Ordinance. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

a.

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this Ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.

d.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The Planning Commission shall maintain a record of changes granted in conditions.

e.

Once a Planned Unit Development has been approved, no Zoning Board of Appeals requests shall be permitted. Zoning Board of Appeals requests may be heard prior to the granting of Planned Unit Development approval. Any changes in the development plans must be made following the same procedure as with the detailed-final-site plan in accordance with revision procedures contained herein.

2.

The Township Board shall have the right to establish a Special Assessment District for those amenities permitted by State Statute to ensure that the uses and buildings approved as a part of the overall planned unit development are kept in a clean, safe and acceptable manner. The terms and conditions of any special assessment district shall be established by the Board and reviewed by the Township Attorney.

A.

Consistency of Uses.

The uses proposed shall be generally consistent with the Ray Township Master Plan. Any variations or mixture of uses which are not shown on the Township Master Plan shall be duly noted and rationale for such deviation shall be made a part of the Planning Commission record.

B.

Perimeter Setbacks.

All non-residential structures shall be located not less than one hundred (100) feet from all exterior property lines.

Further, a twenty five (25) foot greenbelt shall be provided along all exterior property lines of the PUD. This area shall not be used for building, parking, maneuvering, etc. and shall be planted with mixture of deciduous and evergreen trees consistent with the Ray Township Zoning Ordinance. These plantings shall provide a continuous visual screen. Trees may be grouped to allow landscape variation. The required tree plantings shall be supplemented with shrubbery and other decorative plantings.

The Planning Commission may modify any of these standards, when alternatives are proposed and are found to be consistent with the planning standards of Section 2202. These may include architectural details, breaks in the building façade, varying the height of buildings, providing additional screening, etc.

C.

Interior Setbacks.

All proposed uses shall comply with the applicable setback, height, minimum floor area and lot coverage requirements of the applicable zoning district. The Planning Commission may modify any of these standards, when found to be consistent with the planning standards of Section 2202. In making any such modifications, the Township shall determine that all structures are located and designed to assure maximum privacy. Building elevations and floor plans shall be required to assure compliance with these requirements.

D.

Landscaping and Screening.

Whenever incompatible uses, in particular, off-street parking areas, service areas for loading and unloading vehicles other than passengers, and areas for storage and collection of refuse and garbage abut one another or are visible from public view or public right of way, either within the area of the Planned Unit Development or between the Planned Unit Development and the adjacent land uses or zoning districts adequate screening and buffering must be provided. Further screening shall be provided between exterior roadways and the area of the planned unit development.

E.

Architectural Compatibility.

Architectural features of all structures shall be designed to be compatibly integrated within the overall PUD. The plan shall demonstrate such common architectural designs, materials, and amenities. The general architectural themes shall be established at preliminary planned unit development approval.

F.

Access Management.

Well-defined circulation routes shall be required. Particular attention shall be paid to entry and exit drives and the potential conflicts that arise either onsite or offsite. Access drives shall be the absolute minimum number needed to adequately service the site. Main drives connected to the entry and exit points shall be provided. These drives shall limit the number of intersections or cross traffic within the parking and maneuvering areas extending the throat of the access drive.

Further landscaped parking islands shall be provided along the above noted main drives and shall also be provided at the end of all parking aisles. Parking lot landscaping shall be provided at a rate of one tree per five (5) parking spaces. These trees shall be planted within concrete islands placed at the end of parking lanes to provide parking lot definition.

G.

Open Space.

A minimum of fifteen (15) percent of the total project area shall be developed for outdoor recreation and open space uses; but such areas shall not include space devoted to streets, parking, onsite stormwater facilities, or required setbacks. In calculating open space acreage, the applicant may, at the discretion of the Township, include existing natural features that occur on the site, including wetlands, lakes or ponds, woodlands, etc., provided that facilities are made available as apart of the PUD approval to use these areas for active or passive recreation purposes.

H.

Parking Requirements.

The applicant may propose a reduction in the overall number of parking spaces servicing the site. Information and support data shall also be furnished to the Township substantiating such reduction. The Planning Commission may allow for the banking of parking spaces onsite. This will allow for a reduction in the total number of parking spaces constructed in the immediate provided ample space for such future spaces is shown on the site plan. However, such provision would allow the Township to require the number of parking spaces reduced or banked to be built at a later date upon a finding that such spaces are necessary for the effective and safe operation of the site.

I.

Signage.

As a part of the overall signage for the PUD, the applicant shall submit a sign package either meeting Township Ordinance or providing a package that allows sign sizes to be averaged over the entire site.