[The purpose of the planned unit development is] to encourage the most orderly development of properties through advance planning and thus ensure adequate standards for the development of residential neighborhoods; provide regulations to encourage a variety of dwelling types; ensure adequate open space; protect residential areas from undue traffic congestion, protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment; and thus promote the general welfare of the community.

The basic provisions and requirements concerning planned unit development are as follows: the subdivision, development and use of land containing three or more acres as an integral unit, combining more than one primary land use and which may provide for single-family residential, multifamily residential, education, business, commercial, industrial, recreations, park and common use areas may be described as a planned unit development.

1.

In its establishment and authorization as a special use, in addition to the foregoing provisions, the following procedures, requirements, restrictions, standards and conditions shall be observed.

2.

The planned unit development may be excluded from the provisions of the subdivision regulations and of the zoning ordinance of the City of Watervliet to the extent specified in the final authorization of the planned unit development.

1.

The applicant shall request the city commission by letter addressed to the city clerk with the appropriate fee, to call a meeting of the planning commission for a preliminary discussion of the proposed planned unit development, and the planning commission shall call such meeting, which may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the planning commission with the proposed development which shall include, but not necessarily be limited to, the following:

a)

A tentative sketch plan, which may be in freehand sketch form, showing the location and extent of the types of land uses proposed;

b)

The existing topography at five foot contour intervals which may be taken from USGS information;

c)

Existing streets surrounding the subject property;

d)

Existing utilities including storm drainage facilities.

e)

The following shall be provided by either graphic exhibits or written statements:

The density of residential uses and the number of dwelling units by type;

The ancillary and nonresidential uses to be provided in a residential planned unit development;

The off-street parking and other service facilities proposed;

The exceptions or variations to the city zoning or subdivision requirements being requested as part of the planned unit development application.

2.

Within 30 days after final adjournment of the meeting, the planning commission shall submit to the city commission its report in writing containing recommendations.

3.

The formal petitions for a planned unit development shall be addressed to the city commission and shall be filed with the city clerk; ten copies of the petitions shall be filed with the city clerk, attached to each copy shall be copies of the supporting documents and exhibits hereinafter provided for.

4.

A filing fee in an amount of $2.00 per dwelling unit or $10.00 per gross acre, whichever is greater, shall be paid to the city clerk at the time of such filing.

5.

The city commission shall refer the petition to the planning commission who shall set a hearing date which shall be not less than 30 nor more than 60 days after the filing of the petition. The petitioner shall cause notice of the hearing to be published at least once, not more than 15 days nor less than five days before said hearing date in one or more newspapers of general circulation in the city.

6.

The city clerk shall forward a copy of the petition to the Supervisor and each member of the city commission and members of the planning commission.

7.

The petition shall be heard by the planning commission and its report to the city commission of its findings and recommendations shall be accompanied by such plats, exhibits and agreements as shall have been presented by the petitioner; each identified for reference by letter or number, together with any suggested changes therein.

8.

The city commission may grant a special use for a planned unit development which shall be by specific ordinance and which shall contain or to which shall be appended all terms and conditions of the grant, including covenants and agreements, guarantees, performance bonds, plats and the like.

The formal petition shall contain, in addition to all other requirements, the following:

1.

An outline plan of the planned unit development. This plan will be at a scale of not less than one inch = 100 feet which shall show all proposed streets (public and private) street classifications, rights-of-way, all principal and accessory buildings and their use, lot size, building lines, easements for utility services, off-street parking, service areas, open space, recreation facilities and any other information necessary to clearly show the proposed elements of the planned unit development.

2.

Preliminary architectural plans for all residential buildings shall be submitted in sufficient detail to show the basic building planning, the number of units per building and the number of bedrooms per dwelling unit. Preliminary architectural plans are not required for business or other nonresidential buildings at the time of this application but must be submitted to the planning commission for its approval prior to filing an application for a building permit.

3.

A topographic survey and boundary survey of the subject area, prepared and certified by a registered Michigan surveyor including a legal description.

4.

A rendered plan of the planned unit development area, showing in contrasting colors or by other means, the respective location of all categories of land use.

5.

A map of the City of Watervliet showing the planned unit development area and its relation to existing roads and streets and use districts within and immediately adjacent to the city.

6.

Preliminary plans and outline specifications of the following improvements:

a)

Roads, streets and alleys, including classifications, width of right-of-way, widths of paved surfaces and construction details;

b)

Sidewalks, including widths of paved surfaces and construction details;

c)

Sanitary and storm sewers systems (private);

d)

Water supply system (private);

e)

Street lighting and public area lighting system;

f)

Recommended installation for electric, gas and telephone facilities and distribution;

g)

Sequence of phases or stages of development of the planned unit development;

h)

A general landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the planning commission.

7.

Estimates of cost of installation of all proposed improvements confirmed by a registered Michigan engineer.

8.

Petitioner's proposed covenants, restrictions and conditions to be established as a part of the planned unit development.

The petitioner shall construct and install the required improvements and must post with the city a sum in cash or negotiable securities, or a surety bond running to the city in an amount sufficient to cover the full cost, including engineering and inspection fees and costs, plus ten percent of such total, to ensure the satisfactory installation of such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for; if a surety bond is submitted, it shall have good and sufficient surety thereupon and shall not be accepted until approved by the mayor and city commission. If the planned unit development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the city commission.

Street classifications, definitions and specifications shall be in accord with the regulations pertaining to same as established in the subdivision regulations of the City of Watervliet as may be amended from time to time.

No planned unit development shall be authorized unless the planning commission shall find and recommend, in addition to those standards established herein for special uses that the following standards will be met:

1.

General.

a)

The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

b)

The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

c)

That any industrial park areas established in the planned unit development conform to all requirements therefor as set forth elsewhere in this ordinance.

d)

That all minimum requirements pertaining to commercial, residential, institutional or other uses established in planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this ordinance, except as may be specifically varied in the ordinance granting and establishing a planned unit development use.

e)

When private street and common driveways are made a part of the planned unit development or private common open space or recreation facilities are provided, the applicant shall submit as part of the application the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the city commission.

f)

Underground installation of utility wires.

Findings. The city commission hereby finds that overhead wires for electric, communication, or similar or associated services are hazardous to the public health and safety, adversely affect the value of property in the City of Watervliet, contribute to conditions of urban blight, are incompatible with major land use planning objectives and mar the natural beauty of the city.

Intention. It is the intention of the city commission over a period of years to eliminate overhead utility wires through police power, and other appropriate means.

New plats and sites. Within the area of a plat or site plan approved effective on adoption of this ordinance, all distribution lines for electric communication or similar associated services shall be placed underground in accordance with land development regulations adopted by the planning commission. Such regulations shall contain, among other things, reasonable exceptions for the authorized overhead main supply lines and overhead perimeter feed lines and necessary surface facilities. Those electric and communication facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All communication and electrical facilities shall be constructed in accordance with standards of constructing approval by the Michigan Public Service Commission. All underground utility installations which traverse privately owned property shall be protected by easements granted by the owner of such property.

Subsection (3). Subsection (3) of this section shall not apply to any plat or site plan which has received preliminary approval as of the effective date of this section.

City commission may modify. The city commission may, by resolution, waive or modify any of the above requirements for underground line installations with respect to a particular plat or site plan when the strict application of the above requirements would result in practical difficulties or unnecessary hardship. Prior to any such waiver or modification, all interested parties shall be notified and given an opportunity to be heard.

2.

Residential.

a)

Residential density for a planned unit development shall not be greater than the recommended density, as shown on the master plan for the city nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned development is located, except that the planning commission may recommend and the city commission may grant a reduction in such lot area and dimension, but not more than 15 percent when the planned unit development provides common open space equal to not less than ten percent of the gross area of the planned unit development.

b)

Business uses may be included as part of a planned residential development when the planning commission finds that such business uses are beneficial to the overall planned unit development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten percent of the planned unit development.

c)

The open areas provided in the part of a planned development containing only residential structures shall be preserved over the life of the planned unit development for use only by the residents of the planned development or dedicated to the City of Watervliet for school, playground or other public uses by an instrument or guarantee acceptable to the city park board.

d)

For that part of a planned development devoted to residential uses, the planning commission may recommend and the city commission may approve access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser width or depth than required by district regulations for the district in which the planned development is located, provided [that]:

(1)

That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings served.

(2)

The spacing between buildings shall be approved by the planning commission and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys. Minimum side yards between principal buildings within a part of a planned development where subsequent transfer of ownership is contemplated, shall be equivalent to side yards as would be required between buildings by district regulations for the district in which it is located; and

(3)

The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the planned development is located, and the plan is developed to afford adequate protection to neighboring properties as recommended by the planning commission and approved by the city commission.

e)

Variations of minimum requirements.

(1)

Whenever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, and land or space separate from single-family or multifamily residential districts to be used for parks, playgrounds, commons, greenways or open areas, the planning commission may consider and recommend to the city commission and the city commission may vary the applicable minimum requirements of the subdivision regulations and the zoning ordinance which may include but not necessarily be limited to the following:

3.

Business.

a)

Business uses shall be as prescribed by the planning commission.

b)

All business and storage of materials shall be conducted or stored within a completely enclosed building.

c)

Not more than 30 percent of the lot area shall be covered by buildings or structures.

d)

At least ten percent of the lot shall be provided for landscape and open space purposes.

e)

No building more than 35 feet in height shall be approved by the planning commission.

f)

No dwellings shall be permitted in a planned business development.

g)

Off-street parking shall be provided and maintained on the same lot based upon three square feet of parking space for each square foot of gross floor area unless the planning commission recommends and the city commission requires additional off-street parking space.

h)

Service and loading and unloading facilities shall be provided as recommended and approved by the planning commission.

i)

No building shall be located nearer than 50 feet to any street line.

j)

Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the planning commission.

k)

Outside lighting shall be so designed and placed so as to not be disturbing to adjacent residential areas.

l)

Signs shall comply with the regulations of the B-1 business uses permitted in this ordinance.

4.

Industrial.

a)

Minimum area. The owner of a tract of undeveloped land or land cleared for ten acres or more which is designated for industrial development on the land use plan, may submit to the city planning commission for its review, a preliminary plan for the use and development thereof for a planned industrial district, regardless of the zoning district in which such tract is located at the time said plan is filed.

b)

Permitted uses. The following uses may be permitted in a planned industrial district: Any use permitted in the I-1 limited industrial district, except retail and service business use, and except that there may be permitted the following attendant and accessory uses:

Offices accessory or attendant to the principal use on a zoning lot;

Accessory service uses which are necessary to conduct of the principal manufacturing use;

Research facilities;

Medical clinics;

Any other attendant or accessory use approved by the planning commission as part of the planned industrial development which the commission finds to be compatible with the plan and which will have no undue adverse effect upon surrounding properties.

c)

Conditions of use. All permitted uses are subject to the following conditions:

Any production, processing, cleaning, servicing testing, repair or storage of goods, materials or products shall conform with the standards set forth herein;

All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified;

Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures and located elsewhere in this district, may be open to the sky but shall be enclosed by a solid wall or fence (including solid doors or gates thereto) at least eight feet high, but in no case lower than the enclosed storage and suitably landscaped. However, open off-street loading facilities and open off-street parking of motor vehicles under 1½ tons capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required.

Uses established on the effective date of this ordinance and by its provisions are rendered nonconforming shall be permitted to continue, subject to the regulations of article V.

d)

Commission findings. It shall be the duty of the planning commission to ascertain that the proposed project will comply with the following conditions:

Integrated design. That the plan provides for an industrial district consisting of several buildings or groups of buildings of efficient and harmonious design, together with properly arranged trafficways, parking and loading facilities and landscaping, so arranged as to create an attractive project readily integrated with and having no undue adverse effect on adjoining or surrounding areas and development.

Thoroughfare access. That the industrial district will abut a street on the major street plan which is a part of the official land use plan as a highway, primary or secondary thoroughfare or that direct access to such street is provided by means of an acceptable industrial service street.

e)

General design standards and improvement requirements. The following minimum design standards shall be observed and the owner or developer shall post with the City of Watervliet and adequate surety bond or furnish other kind of guarantee satisfactory to the commission, ensuring the installation at the expense of the owner or developer of improvements specified in the following:

Right-of-way and pavements. All interior streets shall have a right-of-way width of not less than 66 feet, and all culs-de-sac shall have a minimum radius of 70 feet. Said streets shall be provided with pavement and concrete curb and gutter. Pavement shall be concrete or asphalt equal to the Michigan Division of Highway Specification.

Utilities. All necessary utilities shall be installed, meeting city specifications and the subdivision regulations of the city to include underground utilities in new construction.

Off-street parking. Off-street parking shall be installed as required in article XII except that for employee parking, one space shall be provided for each two employees on the maximum shift. Customer or visitor parking—at least ten spaces shall be provided per plant.

Loading facilities. Loading facilities shall be installed in accordance with article XII. Loading docks shall not be placed along building fronts.

Plant vehicle storage. Such storage shall be sufficient to accommodate all plant vehicles off the street.

Lot area. [There shall be a] minimum of one acre.

Maximum lot coverage. The maximum area occupied by all buildings on any lot shall not exceed 45 percent of the total area of the lot.

Yard requirements. [Yard requirements shall be the] same as permitted in I-1 limited industrial district.

Building height limit. [The building height limit shall be the] same as permitted in the I-1 limited industrial district.

Distance between buildings. Principal buildings: 50 feet; accessory structures: 20 feet.

Distance of buildings from project or tract boundary. If adjoining a residence district, 100 feet; if adjoining a B-1 district, 50 feet; in all other cases, 35 feet.

Landscaping of unsurfaced areas. All unpaved areas shall be landscaped subject to commission approval.

Greenbelts. The project area shall be enclosed on all sides adjacent to a residential district by a planted strip at least 50 feet wide. The plant material, subject to commission approval, shall have initially a height and compactness of not less than 50 percent of the ultimately required height and compactness.

Outdoor advertising. Each industry may have one suitable identifying sign not to exceed 250 square feet in area. One sign may be erected, designating the name of the industrial park and a directory to access. No sign shall be erected to exceed a height of 25 feet.

Illumination. Exterior lighting fixtures shall be so installed as to reflect the light away from adjacent properties.

f)

Final development plan. Upon determination by the planning commission that the proposed planned industrial district, as shown in the preliminary plan, appears to conform to the requirements of this ordinance, the proponents shall submit a final development plan which plan shall incorporate any changes or modifications required by the commission, together with an application for the necessary appropriate changes in district classification of the site of the proposed planned industrial district.

g)

Recommendation to the city commission. If the final plan is found to be in compliance with the requirements herein, the commission shall hold a public hearing on both the plan and the proposed change in zoning district classification and submit said plan with its report and recommendation to the city commission.

h)

Rezoning. The city commission may modify the plan, consistent with the intent of this ordinance and may change the zoning of the site to the appropriate zoning district classification.

i)

Adjustments authorized by commission. After the final development plan has been approved by the city commission and in the course of carrying out the plan, minor adjustments and rearrangements of buildings, service areas and other features requested by the developers may be authorized by the planning commission.