The PUD district is intended to permit flexibility in the regulation of land development, encourage innovation in land use and variety in 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 residents.

1. Where permitted. A PUD which includes only residential and accessory recreational uses may be applied for in any zoning district. A PUD which is either exclusively nonresidential or includes a mix of residential and nonresidential uses may be applied for in any zoning district which is located within the township water and sewer district.
2. Uses permitted. Any land use authorized in this chapter may be included in a PUD, subject to: 1) the restriction of nonresidential and mixed use developments to the township water and sewer districts; 2) the adequate protection of public health, safety, and welfare; and 3) the compatibility of varied land uses both within and outside the development.
3. Qualifications of subject parcel. The applicant for a PUD must demonstrate through the submission of both written documentation and site development plans that all of the following criteria are met:
   1. The intent of section 36-244 is met.
   2. Approval of the PUD will result in one or more of the following:
      1. A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations;
      2. Protection and preservation of natural resources and natural features of a quantity and/or quality that can be clearly demonstrated, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
      3. A nonconforming use shall, to a material extent, be rendered more conforming to, and compatible with, the zoning district in which it is situated.
   3. The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, roads, and utilities.
   4. The proposed development shall be consistent with the public health, safety, and welfare of the township.
   5. The proposed development shall minimize any negative environmental impact of the subject site or surrounding land.
   6. The proposed development shall minimize any negative impact upon surrounding properties.
   7. The proposed development shall be consistent with the goals and policies of the Township Master Plan.

A proposed PUD shall take into account the following specific design considerations, as they are necessary to ensure compliance with all applicable regulations and to ensure the compatibility of the project with adjoining properties and the general area in which the property is located.

1. Perimeter setbacks.
2. Street drainage and utility design with respect to location, availability, ownership and compatibility.
3. Underground installation of utilities.
4. Installation of separate pedestrian ways apart from vehicular streets and ways.
5. Achievement of integrated and harmonious development with respect to signs, lighting, landscaping and construction materials.
6. Noise reduction and visual screening features for protection of adjoining residential uses.
7. Ingress and egress to the property with respect to automotive and pedestrian safety and convenience, traffic flow and control, street capacity, and emergency access.
8. Off-street parking, loading, refuse and other service areas with respect to ingress and egress and the potential effects of noise, glare, vibration and odor emanating from such facilities on adjoining properties or uses.
9. Screening and buffering with respect to dimensions and character.
10. Yard areas and other open space.
11. Density and intensity of development expressed in terms of percent of gross and net land area coverage and/or gross and net housing units per acre and the height of buildings and other structures.
12. The preservation of natural resources and natural features.

1. Residential density.
   1. The total number of dwelling units in a PUD project shall not exceed the number of dwelling units permitted in the underlying zoning districts or the density as proposed in the Township Master Plan. However, a density bonus of up to 25 percent shall be permitted if all of the following elements are included in the plan and a density bonus of up to 15 percent if no less than two of these elements are included:
      1. A high level of clustered development, where at least 60 percent of the PUD is left in open space as defined.
      2. Providing perimeter transition areas or greenbelts around all sides of the development that are at least 100 feet in depth.
      3. The proposed plan is designed to enhance surface water quality and ground water quality pursuant to section 36-341, stormwater management and addresses at least two BMPs of section 36-75 (note 12).
   2. For the calculation of the density on the site, including the possible density bonus, the applicant shall be required to submit a conventional (non-open space) layout using the underlying zoning classification and applicable township regulations demonstrating a practical project for the subject parcel.
   3. In the case where the applicant proceeds in phases and develops only a portion of the total proposed development at one time, each phase shall consist of land use(s) planned and developed in such a way so that the average density of all completed phases shall not exceed on a cumulative basis, the maximum average density allowed for the entire development. This may be accomplished through the utilization of conservation easements, or other lawful means, which would allow more dense development in an earlier phase, while ensuring appropriate overall density.
2. Mixed-use project density. For projects which contain a residential component, appropriate residential density shall be based upon the current township master plan, existing and planned residential densities in the surrounding area, the availability of utilities and service and the natural features and resource of the subject parcel.
3. Non-residential component. A PUD may incorporate a non-residential component into an exclusively residential development, provided that all of the following are met:
   1. The non-residential component shall be located on a lot of sufficient size to contain all such structures, parking, and landscape buffering. The total area occupied by the non-residential land uses may not exceed ten percent of the gross area of the development.
   2. All non-residential uses shall be compatible with the residential area of the PUD.
   3. The architectural design of the structure(s) is compatible with the balance of the development.
   4. All non-residential structures are connected to a pedestrian access system servicing the project.
   5. All parking and loading areas serving the non-residential uses shall be to the rear or side of the structure and fully screened from view of any approved public or private roadway, except that up to 25 percent of the minimum number of required parking spaces may be located in the front yard. Where the parking lot is visible from residential units or open space, it shall be planted in accordance with section 36-345(b)(4)b.2.

1. Open space preservation.
   1. When completed, the PUD shall have significant areas, but not less than 30 percent of total land area, devoted to open space, which shall remain in a natural state and/or be restricted for use for active and/or passive outdoor recreational purposes. Priority shall be on preserving the most important natural features on the site, as identified by a site analysis. The amount of open space, including the area and percentage of the site, shall be specified on the site plan. While it is the intention that the required open space be included in the project area, up to 50 percent of the required open space may be non-contiguous to the project area. Non-contiguous open space must be within Scio Township and must contain important natural features as determined by the planning commission and the township board to be considered.
   2. In addition to preservation of the most important natural features, additional open space shall be, where possible, located and designed to achieve the following:
      1. Provide areas for active recreation;
      2. Provide areas for informal recreation and pathways that connect into adjacent open space, parks, sidewalks, bike paths or pedestrian paths;
      3. Provide natural greenbelts along roadways to preserve the rural character as viewed from roads; and
      4. Preserve an existing natural buffer from adjacent land uses where appropriate.
   3. To ensure that open space is maintained in perpetuity, the following shall apply:
      1. No PUD shall be approved by the township board until documents pertaining to maintenance and preservation of common natural open space areas, common landscaped areas and common recreation facilities located within the development plan have been reviewed by the township attorney.
      2. The township shall be identified as having the right to enforce the conditions, covenants and restrictions placed on the open space, unless otherwise directed by the township board and the township attorney, with the documentation utilized for such purpose to be in a form approved by the township attorney. Any costs associated with enforcement may be assessed to the property owner and/or homeowners association.
2. Setbacks. All regulations applicable to front, side and rear yard setbacks shall be met in relation to each respective land use in the development based upon zoning district regulations in which the proposed use is listed as a permitted principal or conditional use.
3. Buffering from adjacent property. There shall be a perimeter setback and buffering of a minimum of 50 feet, taking into consideration the use or uses in and adjacent to the development. The township board may reduce the perimeter setback and buffering in cases where the density of the proposed development is compatible with adjacent uses and/or natural features including, but not limited to woodlands and topographical features that provide adequate buffering to protect adjacent uses. If natural features, including, but not limited to woodlands and topographical features do not provide adequate buffering from adjacent property, the perimeter setback shall include noise reduction and visual screening features including, but not limited to landscaping, berms and/or decorative walls.
4. Vehicular and pedestrian circulation.
   1. Vehicular circulation shall be designed in a manner which provides safe and convenient access to all portions of the site, promotes safety, contributes to coherence of site design, and adapts to site topography.
   2. Physical design techniques, known as traffic calming, are encouraged. These techniques are intended to alter driver behavior to reduce speed and cut-through traffic, improve vehicular safety, and improve conditions for non-motorized traffic.
   3. Pedestrian access shall be provided in accordance with section 36-277, pedestrian and non-motorized access and circulation. The plan shall provide pedestrian/bicycle access to, between or through all open space areas, and to appropriate off-site amenities, and located in accordance with the natural feature information of the site. Informal trails may be constructed of gravel, wood chip or other similar material.
   4. Locations for school bus stops shall also be provided on the site plan.
5. Utilities. There shall be underground installation of utilities, including electricity and telephone, as found necessary by the township.
6. Stormwater drainage/erosion control. All stormwater drainage and erosion control plans shall meet the standards adopted by the township for design and construction pursuant to section 36-341, stormwater management.

1. Effects. The granting of a PUD application shall require an amendment of the zoning ordinance and the zoning map constituting a part of this chapter. An approval granted under this article including all aspects of the final PUD plan and conditions imposed shall constitute an inseparable part of the zoning ordinance.
2. Concept review meeting. Prior to the submission of an application for PUD, the applicant shall meet with zoning administrator, a member of the planning commission, and such consultants or staff as deemed appropriate. Additional concept review meetings may be requested by the applicant or township. The applicant shall present at such meeting, or meetings, a sketch plan of the PUD, and the following information:
   1. A legal description of the property in question.
   2. The total number of acres to be included in the project.
   3. A statement of the approximate number of residential units and/or the approximate number, type, and square footage of non-residential units.
   4. The approximate number of acres to be occupied and/or devoted to or by each type of use.
   5. Departures from the regulations of the ordinance which may be requested.
   6. The number of acres to be preserved as open space or recreation space.
   7. All known natural resources and natural features.
   8. The location of all existing and proposed water and sewage treatment systems serving the property.
3. Preliminary PUD plan application—Submission and content. Following the above meeting or meetings, 16 copies of the application and all required materials for preliminary PUD plan shall be submitted. The submission shall be made to the township clerk for distribution to the zoning administrator and applicable reviewing parties and agencies. The plan shall be accompanied by an application form and fee as determined by the township board. The preliminary PUD plan shall contain the following information:
   1. Date, north arrow, and scale which shall not be more than 1″ = 100′.
   2. Location sketch of site in relation to surrounding area.
   3. Legal description of property including common street address and tax identification number.
   4. Size of parcel.
   5. All lot or property lines with dimensions.
   6. General location of all buildings within 100 feet of the property lines.
   7. General location and size of all existing structures on the site.
   8. General location and size of all proposed structures on the site. The general size of all buildings shall be within 5,000 square feet or five percent, whatever is smaller of whatever is constructed.
   9. General location and dimensions of all existing and proposed streets, driveways, parking areas, including total number of spaces and typical dimensions.
   10. General size and location of all areas devoted to open space.
   11. Location of existing vegetation and general location and size of proposed landscaped areas and buffer strips.
   12. All areas within the 100-year floodplain, wetland areas or bodies of water.
   13. Generalized topographical information including contours and/or spot elevations which illustrate drainage patterns.
   14. Preliminary phasing lines of PUD if applicable.
   15. A narrative describing:
       1. The nature of the project, projected phases and timetable.
       2. The proposed density, number, and types of dwelling units if a residential PUD.
       3. A statement describing how the proposed project meets the objectives of the PUD District pursuant to section 36-245(c).
       4. A statement from a registered professional engineer describing how the proposed project will be served by public water, sanitary sewer, and storm drainage.
       5. Proof of ownership or legal interest in property.
4. Planning commission review and recommendation—Preliminary PUD plan. The planning commission shall review the preliminary PUD plan according to the provisions of sections 36-245 through 36-248 herein. Following the public hearing, the planning commission shall recommend to the township board either approval, denial, or approval with conditions. In making its recommendation, the planning commission shall find that the proposed PUD meets the intent of the PUD district and the following standards.
   1. In relation to underlying zoning, the proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities, and shall not place a material burden upon the subject or surrounding land or property owners and occupants or the natural environment.
   2. The proposed development shall be compatible with the township master plan and shall be consistent with the intent and spirit of this article.
   3. The PUD shall not change the essential character of the surrounding area.
   4. The proposed PUD shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this article. This provision shall not prohibit a transfer of ownership or control upon due notice to the zoning administrator.
5. Public hearing—Planning commission. The planning commission shall hold a public hearing and give notice in accordance with the Michigan Zoning Enabling Act. If at any time after the public hearing the preliminary PUD becomes inactive (no new information or plans submitted) for a period of six months, the preliminary PUD submittal shall become null and void.
6. Township board review and determination—Preliminary PUD plan. After receiving the recommendation of the planning commission, the township board shall approve, deny, or approve with conditions the preliminary PUD plan in accordance with the standards for approval and conditions for a PUD as contained herein.
7. Effect of approval—Preliminary PUD plan. Approval of the preliminary PUD plan that is required to accompany a PUD application does not constitute final PUD plan or rezoning approval, but only bestows the right on the applicant to proceed to the final site plan stage. The application for final PUD consideration shall be submitted within 12 months of receiving preliminary PUD approval or the application shall be considered null and void.
8. Contents of the final PUD plan. Following preliminary PUD plan approval, copies of the application for final PUD plan shall be submitted. The submission shall be made to the zoning administrator. The plan shall be accompanied by an application form and fee as determined by the township board. The final PUD plan shall contain the same information required for the preliminary PUD plan pursuant to section 36-249(c) along with the following information and any information specifically requested by the planning commission in its review of the preliminary PUD plan:
   1. All applicable information contained in Appendix 3—Site Plan Review Checklist of the Scio Township Site Plan Process Manual.
   2. All applicable information contained in Appendix 4—Landscape Plan Review Checklist of the Scio Township Site Plan Process Manual.
   3. All applicable information contained in Appendix 5—Detailed Construction and Engineering Plans Checklist of the Scio Township Site Plan Process Manual.
   4. Exterior architectural drawings noting building materials, height and area of buildings and accessory structures.
   5. Proposed phases of project and projected timetable.
   6. Site plan criteria contained in section 36-180.
9. Planning commission review and recommendation—Final PUD plan and rezoning. After receiving approval of the preliminary PUD plan from the township, the planning commission shall review the final PUD plan and rezoning application and shall recommend to the township board either approval, denial, or approval with conditions. In making its recommendation, the planning commission shall find that the proposed final PUD is in substantial compliance with the approved preliminary PUD and still meets the intent of the PUD district along with all development standards outlined in sections 36-245 through 36-248.
10. Township board review and determination—Final PUD plan and rezoning. After receiving the recommendation of the planning commission and considering the comments of the public, the township board shall prepare a report stating its conclusions, its decision, the basis for its decision, and any conditions imposed on an affirmative decision.
11. Effect of approval—Final PUD plan and rezoning. The final PUD plan, the narrative and all conditions imposed, if any, shall constitute the land use authorization for the property. All uses not specifically specified in the final PUD plan are disallowed and not permitted on the property notwithstanding that the property is zoned PUD. All improvements and uses shall be in conformity with this zoning amendment to PUD. The applicant shall record an affidavit with the Washtenaw County Register of Deeds, which shall contain the following:
    1. Date of approval of the final PUD plan by the township board.
    2. Legal description of the property.
    3. Legal description of the required open space along with a plan stating how the open space is to be maintained.
    4. A statement that the property will be developed in accordance with the approved final PUD plan and any conditions imposed by the township board or planning commission unless an amendment thereto is duly approved by the township upon the request and/or approval of the applicant or applicant's transferee's and/or assigns. This statement shall also include the duration of approval and action for non-compliance.

1. The township board, based upon the recommendation of the planning commission, shall resolve all ambiguities as to applicable regulations using this zoning chapter, the master plan and other township standards or policies as a guide.
2. Notwithstanding the immediately preceding standards, deviations with respect to such regulations may be granted as part of the overall approval of the PUD provided there are features or elements demonstrated by the applicant and deemed adequate by the township board upon the recommendation of the planning commission designed into the project plan for the purpose of achieving the objectives of this article.

1. Reasonable conditions may be required with the approval of a PUD, to the extent authorized by law. Conditions may be included which are deemed necessary to ensure 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 conserving natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
2. Conditions imposed shall meet the following requirements: be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole be reasonably related to the purposes affected by the planned unit development; and be necessary to meet the intent and purpose of this article, and be related to the objective of ensuring compliance with the standards of this article. All conditions imposed shall be made a part of the record of the approved planned unit development.
3. Conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the township board and the landowner. The township shall maintain a record of conditions which are changed.

1. Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall 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 protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and non-residential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the township board after recommendation from the planning commission.
2. Commencement and completion of construction. Construction shall be commenced within one year following final plan approval of a PUD and shall proceed substantially in conformance with the schedule set forth by the applicant, as approved by the township. If construction is not commenced within such time, any approval of a PUD plan shall expire and be null and void, provided, an extension for a specified period may be granted by the township board upon good cause shown if such request is made to the township board prior to the expiration of the initial period. Moreover, in the event a PUD plan has expired, the township board, based on a recommendation from the planning commission, shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new PUD or zoning application shall be required, and shall be reviewed in light of the existing and applicable law and ordinance provisions prior to any construction.

The planning commission may require a performance bond or similar guarantee in accordance with section 36-37 in order to ensure completion of the required improvements.

A developer may request a change to an approved preliminary PUD plan, or an approved final PUD plan. A change in an approved preliminary PUD plan or change in an approved final PUD plan which results in a major change, as defined in this section, shall require an amendment to the preliminary PUD and final PUD plan. All amendment shall follow the procedures and conditions herein required for original submittal and review. A change which results in a minor change as defined in this section shall require a revision to the approved final PUD site plans and approval by the township board following review by the planning commission.

1. The following changes shall be considered major:
   1. Change in the concept of the development;
   2. Change in use or character of the development;
   3. Change in the type of dwelling unit;
   4. Change in the number of dwelling units (density);
   5. Change in non-residential floor area;
   6. Change in lot coverage or floor area ratio of the entire PUD;
   7. Change in the character or function of any street;
   8. Change in land area set aside for common space or the relocation of such areas;
   9. Change in building height.
2. The following changes shall be considered minor:
   1. A change in residential floor space;
   2. Minor variations in layout which taken together do not constitute major changes.
3. The planning commission shall have the authority to determine whether a requested change is major or minor, in accordance with this section. The burden shall be on the applicant to show good cause as to any requested change.