1.

Purpose; applicable regulations.

2.

The planned unit development (PUD) option is intended to permit, with township approval, private or public development that is substantially in accord with the goals and objectives of the master plan for land use.

3.

The development permitted under this section shall be considered as an optional means of development only upon terms mutually agreeable to the township and to the developer.

4.

Utilization of the PUD option will permit flexibility in the regulation of land development by encouraging innovation through an overall development plan to provide variety in design and layout; to achieve economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities; to encourage the creation of useful open spaces particularly suited to the needs of the parcel in question; and provide appropriate housing, employment, service and shopping opportunities suited to the needs of the residents of the township.

5.

It is further intended that the planned unit development may be used to permit nonresidential uses of residentially zoned areas; to permit residential uses of nonresidentially zoned areas; to permit densities or lot sizes that are different from the applicable district and to permit the mixing of land uses that would otherwise not be permitted; provided that other objectives are met and the resulting development would promote the public health, safety and welfare.

6.

It is further intended that the development will be laid out so that the various land uses and building bulk will relate to each other and to adjoining existing and planned uses in such a way that they will be compatible, with no material adverse impact of one use on another.

(Ord. of 3-21-2005, § 2300)

The term "planned unit development" means a specific parcel of land or several contiguous parcels of land, under single ownership or control, for which a comprehensive physical plan meeting the requirements of this section, establishing functional use areas, density patterns, a fixed system of streets (where necessary) provisions for public utilities, drainage and other essential services and similar factors necessary or incidental to development has been approved by the township board and which has been, is being, or will be developed in accordance with the approved plan.

(Ord. of 3-21-2005, § 2305)

In order to qualify for the planned unit development option, it must be demonstrated that all of the following criteria will be met:

1.

The PUD option may be effectuated only in the following districts: RSA, RU-1, RMC, RM-2, OST, OR, C-1, C-2, C-3, C-4, I-1, I-1 and P-1.

2.

The use of this option shall not be for the sole purpose of avoiding the applicable zoning requirements. Any permission given for any activity or building or use not normally permitted shall result in an improvement to the public health, safety and welfare in the area affected.

3.

The PUD shall not be utilized in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards.

4.

The planned unit development must meet, as a minimum, one of the following objectives of the township:

a.

To permanently preserve open space or natural features because of their exceptional characteristics or because they can provide a permanent transition or buffer between land uses;

b.

To permanently establish land use patterns which are compatible or which will protect existing or planned uses;

c.

To accept dedication or set aside open space areas in perpetuity;

d.

To provide alternative uses for parcels that can provide transition buffers to residential areas;

e.

To guarantee the provision of a public improvement which could not otherwise be required that would further the public health, safety, or welfare, protect existing or future uses from the impact of a proposed use, or alleviate an existing or potential problem relating to public facilities;

f.

To promote the goals and objectives of the master plan for land use;

g.

To foster the aesthetic appearance of the township through quality building design and site development, the provision of trees and landscaping beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements; or

h.

To bring about redevelopment of sites where an orderly change of use is determined to be desirable.

5.

The PUD shall not be allowed solely as a means of increasing density or as a substitute for a variance request; such objectives should be pursued through the normal zoning process by requesting a zoning change or variance.

(Ord. of 3-21-2005, § 2310)

1.

A land use plan shall be proposed for the area to be included within the PUD. The land use plan shall be defined by districts of the zoning ordinance that are to be applicable to the various parts of the PUD area.

2.

Uses permitted and uses permitted subject to special conditions in articles 4 through 17 of this ordinance shall be allowed within the districts identified on the PUD plan, except that some uses may be specifically prohibited from districts designated on the PUD plan. Alternatively, the township may permit uses not permitted in the district if specifically noted on the PUD plan. Conditions applicable to uses permitted subject to special conditions shall be used as guidelines for design and layout but may be varied by the planning commission, provided that such conditions are indicated on the PUD plan.

(Ord. of 3-21-2005, § 2315)

The standards as to height, bulk, density, setbacks of each district shall be applicable within each district area designated on the plan except as specifically modified and noted on the PUD plan.

(Ord. of 3-21-2005, § 2320)

1.

Preliminary determination as to qualification.

a.

Any person owning or controlling land in the township may make application for consideration of a planned unit development. Such application shall be made by submitting a request for a preliminary determination as to whether or not a parcel qualifies for the PUD option.

b.

A request shall be submitted to the township. The submission shall include the information required by subparagraph c. below.

c.

Based on the documentation submitted, the planning commission shall determine whether or not a parcel qualifies for the PUD option under the provisions of section 2310 above. The submittal must include the following:

(1)

Substantiation that the criteria set forth in section 2310 are, or will be, met;

(2)

A schematic land use plan containing enough detail to explain the function of open space; the location of land use areas, streets providing access to the site, pedestrian and vehicular circulation within the site; dwelling unit density and types; and buildings or floor areas contemplated; and

(3)

A plan for the protection of natural features, if applicable.

d.

The planning commission shall approve, conditionally approve or deny the applicant's request for qualification. A copy of the minutes of the meeting and the action taken on the matter shall be forwarded to the township board. A preliminary determination does not ensure a final approval of the planned unit development option, but is intended to provide an initial indication as to whether or not an applicant should proceed to prepare a PUD plan upon which a final determination would be based.

2.

Request for final determination as to qualification. An applicant who has been granted a preliminary determination for qualification the planning commission may apply for final consideration under this section with the submission of the following materials:

a.

Submittal of proposed PUD plan. An application for review and recommendation by the planning commission shall be submitted to the township clerk. The application shall include the following:

(1)

A boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer at a scale not smaller than one inch equals 100 feet;

(2)

A topographic map of the entire area at a contour interval of not more than two feet. This map shall indicate all major stands of trees, bodies of water, wetlands and unbuildable areas at a scale not smaller than one inch equals 100 feet;

(3)

A proposed land use plan indicating the following at a scale no smaller than one inch equals 100 feet:

(a)

Land use areas represented by the zoning districts enumerated in articles 4 through 17 of this ordinance;

(b)

Vehicular circulation including major drives and location of vehicular access. Preliminary proposals as to cross sections and as to public or private streets shall be made;

(c)

Transition treatment, including minimum building setbacks to land adjoining the PUD and between different land use areas within the PUD;

(d)

The general location of nonresidential buildings and parking areas, estimated floor areas and number of stories or height;

(e)

The general location of residential unit types and densities or lot sizes by area;

(f)

The location of all wetlands, water, watercourses, and proposed water detention areas;

(g)

The boundaries of open space areas that are to be preserved and reserved and an indication of the proposed ownership thereof; and

(h)

A schematic landscape treatment plan for open space areas, streets and border/transition areas to adjoining properties;

(4)

A preliminary grading plan, indicating the extent of grading and delineating any areas that are not to be graded or disturbed;

(5)

An indication of the contemplated water distribution, storm and sanitary sewer plan; and

(6)

A written statement explaining in detail the full intent of the applicant, indicating the type of dwelling units or uses contemplated and resultant population, floor area, parking and supporting documentation, including the intended schedule of development.

b.

Planning commission review of proposed PUD plan.

(1)

The planning commission shall hold a public hearing on the PUD plan, with notice given in accordance with section 2805, public hearings.

(2)

The planning commission shall review the proposed PUD plan and make a determination as to the proposal's qualification for the PUD option and for adherence to the following objectives and requirements. The commission shall report its findings and make its recommendations to the township board:

(a)

The proposed PUD adheres to the conditions for qualification of the PUD option and promotes the land use goals and objectives of the township.

(b)

All applicable provisions of this article and this ordinance shall be met. Insofar as any provision of this article shall be in conflict with the provisions of any other section of this ordinance, the provisions of this article shall apply to the lands embraced within a PUD area.

(c)

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 that the road system and stormwater drainage system are adequate.

3.

Final approval of planned unit development.

a.

Upon receipt of the report and recommendation of the planning commission, and after a public hearing, the board shall review all findings. If the board determines to grant the application, it shall instruct the township attorney to prepare a contract setting forth the conditions upon which such approval is based, which contract, after approval by resolution of the board, shall be executed by the township and the applicant. Approval shall be granted only upon the board determining that all provisions of this ordinance have been met and that the proposed development will not adversely affect the public health, welfare and safety. The agreement shall be recorded with the county register of deeds.

b.

Once an area has been included within a plan for a PUD and that has been approved by the board, no development may take place in such area nor may any use thereof be made except in accordance with such plan or in accordance with a board-approved amendment thereto, unless the plan is terminated as provided herein.

c.

An approved plan may be terminated by the applicant or the applicant's successors or assigns, prior to any development within the area involved, by filing with the township and recording in the county records an affidavit so stating. The approval of the plan shall terminate upon such recording.

d.

No approved plan shall be terminated after development commences except with the approval of the board and of all parties in interest in the land.

e.

Within a period of two years following approval of the PUD contract by the board, final plats or site plans for an area embraced within the PUD must be submitted as hereinafter provided. If such plats or plans have not been submitted and approved within the two-year period, the right to develop under the approved plan may be terminated by the township.

(Ord. of 3-21-2005, § 2325)

1.

Before any permits are issued for any activity within the area of PUD, final plats or site plans and open space plans for a project area shall be submitted to the township for review by the planning commission of the following:

a.

Review and approval of site plans shall comply with section 2810 as well as this section except as otherwise modified in the approved plan. Review and approval of plats shall comply with Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended, in addition to the requirements of this article.

b.

Before approving of any final plat or plan, the commission shall determine that:

(1)

All portions of the project area shown upon the approved plan for the PUD for use by the public or the residents of lands within the PUD have been committed to such uses in accordance with the PUD contract;

(2)

The final plats or site plans are in substantial conformity with the approved contract and plan for the PUD; and

(3)

Provisions have been made in accordance with the PUD contract to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured in accordance with the PUD contract.

2.

If development of approved final plats or site plans is not substantially completed in three years after approval, further final submittals under the PUD shall cease until the part in question is completed or cause can be shown for not completing same.

(Ord. of 3-21-2005, § 2330)

Fees for review of PUD plans shall be established by resolution of the township board.

(Ord. of 3-21-2005, § 2335)

Approval of a PUD under this article shall be considered an optional method of development and improvement of property subject to the mutual agreement of the township and the applicant.

(Ord. of 3-21-2005, § 2340)

Proposed amendments or changes to an approved PUD plan shall be submitted to the planning commission. The planning commission shall determine whether the proposed modification is of such minor nature as not to violate the area and density requirements or to affect the overall character of the plan, and in such event may approve or deny the proposed amendment. If the planning commission determines the proposed amendment is material in nature, the amendment shall be reviewed by the planning commission and the township board in accordance with the provisions and procedures of this section as they relate to final approval of a planned unit development.

(Ord. of 3-21-2005, § 2345)