Act No. 177 of the Public Acts of Michigan of 2000 ("Act 177") requires that zoned townships having a population of 1,800 or more and having undeveloped land zoned for residential purposes must adopt zoning regulations to permit "open space preservation" developments.

Under these regulations, a landowner has the option to retain at least 50% of the property as open space and to place dwellings on the remaining portion. The number of dwellings cannot be more than the number which would be permitted on the land without the open space preservation regulations. The purpose of this Article is to adopt open space preservation provisions consistent with the requirements of Act 177.

Unless otherwise amended, this Chapter shall only apply to single family residential open space preservation projects in the LRD and R-1 Zoning Districts.

An open space preservation development shall be reviewed by the Planning Commission according to the requirements and general standards for site plan review contained in Chapter XIV of this Ordinance except as otherwise provided in this Chapter.

1. The applicant shall submit an application for an open space preservation project along with a review fee as established by the Watson Township Board.
2. Open Space Preservation Plan. The applicant shall submit three (3) sets of the Open Space Preservation Plan drawn at a minimum scale of 1"= 200' which shall include information required by Section 14.03 of this Ordinance as appropriate for single family residential developments, and the following information:
   1. The areas devoted to preserved open space.
   2. The site development plan shall illustrate the location of all proposed lots and proposed building envelopes and shall indicate the lot area and width of each lot, and the proposed front, side and rear yard building setbacks. The number of proposed lots on the site development plan shall not exceed the number of lots on the Existing Zoning Plan, as approved by the Planning Commission.
   3. The total number of acres of land that are proposed for preserved open space, the total number of acres of land that are proposed to be used for dwellings, and the percentage of each, as compared to the total site acreage.
   4. The site development plan shall illustrate the location and type of all proposed structures or improvements that are not dwellings.
   5. If the open space development will not be served by public sanitary sewer, the applicant shall submit documentation from the Allegan County Health Department that the soils are suitable for on site septic systems.
3. If an open space preservation development is proposed as a platted subdivision or a site condominium, the applicant must also submit all information and follow the procedures required by the Watson Township Subdivision Control Ordinance or the Watson Township Site Condominium Subdivision requirements of this Ordinance, as applicable.
4. Existing Zoning Plan. In addition to the information required above, the applicant must also submit a separate Existing Zoning Plan. This plan is to be prepared for the purpose of demonstrating the number of dwelling units that could be developed on the land under its existing zoning if the open space preservation option provided by this Section were not exercised. The Existing Zoning Plan may be conceptual in nature but shall include at least the following information:
   1. Date, north arrow and scale, which shall not be more than 1" = 200'
   2. Location of streets and utility right-of-way adjacent to and within the site.
   3. Location of all lots, illustrating lot area and width of each lot to demonstrate compliance with the minimum requirements of the applicable zoning district.
   4. Location of all utilities that would be necessary to serve a development under the Existing Zoning Plan.
   5. If development under the Existing Zoning Plan would require the use of septic tanks and drain fields, the applicant shall submit documentation from the Allegan County Health Department that the soils on each proposed lot are suitable for on site disposal systems.
   6. The Existing Zoning Plan shall illustrate all environmentally sensitive land and unbuildable land, which shall include slopes of 20% or greater, regulated and unregulated wetlands, lakes, ponds, public utility easements, floodplains, and other similar features which limit or prevent construction of buildings or roads. No more than 50% of the area of designated wetlands, streams, flood plains, slopes in excess of 20%, existing ponds or lakes or other bodies of water may be included in calculating the number of developable lots in an existing zoning plan.

The Planning Commission shall determine whether the Existing Zoning Plan accurately reflects the number of lots that could be developed on the land under its existing zoning if the open space preservation option provided by this Chapter were not exercised.

The Commission shall either approve the number of lots illustrated on the Existing Zoning Plan or require the Plan to be revised to accurately reflect the number of lots which could be developed on the land under the standards required for preparing the Existing Zoning Plan in this Section.

1. A minimum of fifty percent (50%) of the land proposed for development under the provisions of this Chapter shall remain in a perpetually undeveloped state (i.e., "open space") by means of restrictions and other legal instruments that runs with the land.
   1. Common Ownership of Preserved Areas. Any land intended to be used as common area by home owners shall be set aside for their exclusive use. All such lands shall be designated and described by means of a distinct legal description on the site plan and shall be protected by restrictions running with the land. The restrictions shall be reviewed and approved as to wording by the Township Attorney to assure the following: (Amended Ord. 2007-3Z, effective 10-23-07)
      1. That title to the open space would be held in common by the owners of all dwelling units in the cluster development.
      2. That a permanent organization for maintenance and management of such area would be assured by legal documents prior to the issuance of any building permits or the sale of any property.
      3. That the restrictions would be sufficient to assure the permanent preservation of the open space.
      4. That the restrictions could be enforced by all property owners and by the Township.
   2. Preserved Areas Not Owned in Common. Land areas which are to be preserved but not held in common ownership shall be designated on the site plan and described by means of a distinct legal description and shall be protected by restrictions running with the land. The restrictions shall be reviewed and approved as to wording by the Township Attorney to assure the following: (Amended Ord. 2007-3Z, effective 10-23-07)
      1. That the proposed manner of holding title to the preserved open land is acceptable to the Township.
      2. That the proposed restrictions would adequately preserve the natural features and regulate the use of the open land.
      3. That the restrictions could be enforced by all property owners and by the Township.
2. Areas Not Counted as Open Space.
   1. The area within all public or private road rights-of-way.
   2. Golf courses.
   3. Any easement for overhead utility lines and underground gas lines.
   4. The area within a platted lot, site condominium unit or metes and bounds parcel occupied or to be occupied by a building or structure not permitted to be located in open space.
   5. Off street parking areas.
   6. Detention and retention ponds created to serve the project.
   7. Proposed community drain fields.
3. Standards for Open Space. The following standards shall apply to the preserved open space required by this Chapter:
   1. Features to Be Preserved. In order to approve a cluster housing proposal, the Planning Commission must determine that the parcel of land contains natural features which would be preserved through the use of cluster development. Such features must include at least one of the following:
      1. Significant natural stands of trees.
      2. Natural habitat for wildlife.
      3. Unusual topographic features.
      4. Productive farmland.
      5. Water or wetland areas.
   2. Not less than 60% of the minimum required open space shall be held in common.
   3. The open space may include recreational trails, picnic areas, children's play areas, community buildings or other use which, as determined by the Planning Commission, is substantially similar to these uses.
   4. The open space held in common shall be available for all residents of the development, subject to reasonable rules and regulations and shall, where possible, be contiguous with other preserved or public open space.
   5. If the land contains a lake, stream or other body of water, the Planning Commission may require that a portion of the open space abut the body of water.
   6. A portion of the open space shall be reasonably useable by the residents of the land for passive recreational uses such as hiking or picnicking.
   7. Small, disassociated open space fragments of less than 10,000 square feet may not be calculated in the minimum required open space unless it is characterized as unique or special by way of its ecological or recreational value. Open space held in common shall be located so as to be reasonably accessible to the residents of the open space development and where possible, shall be intertwined in a continuous fashion with the residential cluster. Safe and convenient pedestrian and emergency access points to the open space from the interior of the development shall be provided.
   8. Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, wetlands or agricultural land.

1. Water and Sanitary Sewer. Open Space Preservation projects shall be served by either public or community water and sanitary sewer OR by private wells and septic systems subject to the approval of the Allegan County Health Department or Michigan Department of Environmental Quality (DEQ).
2. Minimum Lot Sizes and Setbacks. In order to accommodate both the required open space and the number of lots permitted according to the Existing Zoning Plan, the Planning Commission shall allow a reduction in the minimum lot size and building setback requirements of the zoning district in which the Open Space Preservation project is located.
   1. The minimum lot sizes shall be required unless it is demonstrated that a waiver is required:
      
      

      	Target* Minimum Lot Size	Minimum Lot Width*
      R-1 and LRD Districts	20,000 square feet	90 feet

      * Conventional lot size requirements are reduced by more than 50% in order to allow the developer to achieve the same number of lots as allowed under the existing zoning and still set aside 50% of the parcel as open space. Where it is shown by soil borings that the allowed number of lots could meet Health Department approval but the above target minimums cannot be achieved on each lot, the Planning Commission may waive the minimum lot size or lot width requirement on a lot-by-lot basis.
      
      (Amended Ord. 2007-3Z, effective 10-23-07)
   2. The minimum front, side and rear yard setback standards are as follows:
      
      

      Front Yard:	30 feet
      Side Yard:	7 feet minimum one side/20 feet total for both sides
      Rear Yard:	25 feet
      Accessory Buildings:	The setback requirements for accessory buildings shall be the same as the requirements established for the underlying District.

3. Access to New Streets. Unless specifically waived by the Planning Commission, all lots created within an Open Space Preservation Project must have frontage on a new public or private street created for the development or an adjacent residential development. Creation of strip or linear lots along existing public primary and secondary roads will be discouraged within Open Space Preservation Projects. Exceptions may be granted for adjacent corner lots and double frontage situations where each lot also has frontage and access on an internal public street or a private street constructed to Township standards.
4. Compliance with Zoning District. Unless otherwise permitted by the provisions of this Chapter, the development of land under this Chapter shall comply with all requirements of this Ordinance applicable to the zoning district in which the land is located.
5. Maximum Number of Lots. The Open Space Preservation project shall contain no more than the maximum number of lots as determined from the Existing Zoning Plan approved by the Planning Commission under Section 12.03.
6. Perimeter Lots. Notwithstanding any other provision of this Section, the Planning Commission may require that the Open Space Preservation development be designed and constructed with lot sizes and setbacks or open space buffers on the perimeter that will create transitional net densities reasonably consistent with the lot sizes and setbacks of adjacent uses (planned or existing).
7. Sidewalks. The Planning Commission may require sidewalks in accordance with the Township's Site Condominium Ordinance and Subdivision Control Ordinance.
8. Grading. Grading shall comply with the following requirements:
   1. To preserve the natural appearance of the land, all graded areas, cuts and fills shall be kept to a minimum. Specific requirements may be placed on the area of land to be graded or to be used for building, and on the size, height, and angles of cut-and-fill slopes and the shape thereof.
   2. All areas indicated as open space on the approved development plan shall be undisturbed by grading or excavating, except as permitted by the Planning Commission.
9. Subsequent Rezoning of Designated Open Space Areas. Subsequent to the approval of an Open space Preservation Project under this Chapter, the Township shall rezone the designated open space areas accordingly (Amended Ord. 2007-3Z, effective 10-23-07).