The intent of this Chapter is to achieve an alternative development pattern to the pervasive rural subdivision using planned unit development (PUD) procedures as authorized under Section 16c of the Township Zoning Act, being Act 184 of 1943 as amended. These provisions encourage greater innovation and offer more flexibility in the design of open space/cluster residential developments than can be achieved under the provisions of the underlying R-1 Low Density Residential Districts. They are intended to preserve the rural character of the land by promoting the creation of compact residential clusters that are encompassed and veiled by open space and less intensive land uses. The Conservation Subdivision Planned Unit Development provisions allow variation from permitted lot density, lot area and width standards for lots in single family residential developments in exchange for improved open space, enhanced screening and buffering techniques and amenities and other design considerations such as single loaded streets that will enhance the rural quality of life.

Land use goals and objectives for the Township which may be better accomplished through the use of the Conservation Subdivision Development provisions include the following:

1. The provision of meaningful buffers between agricultural land and operations and more intensive residential development
2. The conservation and preservation of woodlands and sensitive environmental areas such as wetlands in the Township and to otherwise minimize the disturbance of woodlands, steep slopes, ridgelines, wetlands and stream corridors in the design of new development.
3. To facilitate the continued use of farmland while accommodating residential development that will not over capacitate the soil, aquifers and roadways.
4. To recognize the value of and to facilitate the creation of facilities such as golf courses, man-made lakes, equestrian facilities and other passive, non-motorized recreational facilities within residential developments in concert with undeveloped open space for the use of residents in the development.
5. Greater accessibility to natural areas and developed open space and recreation land by their inclusion within new developments as common areas.

1. Underlying Zoning. Only development parcels located in the A-2 and R-1 Districts are eligible. Land in the A-1 District is not independently eligible and may only be included in a Conservation Subdivision development project when the land is to be designated in its entirety as preserved open space, consistent with the intent of the A-1 Agricultural Preservation District.
2. Minimum Acreage. The minimum aggregate size of any conservation subdivision shall be 20 acres of contiguous land.
3. Non Contiguous Open Space Parcels. The Planning Commission may authorize a Conservation Subdivision PUD having open space in Watson Township that is not contiguous with the rest of the PUD. Each non-contiguous open space parcel must contain a minimum of 10 acres of land and shall meet all other applicable standards of the Township.

1. Procedures. Application for review and approval of a conservation subdivision shall be made in accordance with the provisions of Chapter 15 SPECIAL LAND USES PERMIT PROCEDURE, Section 15.03.
   

1. The applicant shall submit an application for a Conservation Subdivision PUD project along with a review fee as established by the Watson Township Board.
2. Conservation Subdivision Plan. The applicant shall submit three (3) sets of the Conservation Subdivision 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 location, extent and physical character of areas and/or parcels 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 Yield 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 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. When a Conservation Subdivision 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. Yield Plan Required-Yield Plan Standards. In addition to the information required above, the applicant must submit a separate "yield plan" for the purpose of determining the total number of lots or building sites that may be allowed in development.
   
   The Yield 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 existing and proposed streets adjacent to and within the site capable of providing access to each lot. The street layout and right of ways shall be capable of meeting applicable Watson Township private street regulations or the platted street standards of the Allegan County Road Commission.
   3. Yield Plan formulae. The yield plan shall indicate the location and layout of all lots, the lot area, lot width and street frontage for each lot and shall demonstrate compliance with the following minimums:
      
      

      	R-1	A-1
      Minimum lot size	One acre excluding street right of way	10 acres excluding street right of way
      Minimum lot width	100 feet within 100 feet of the street on which the lot would have frontage	150 feet within 100 feet of the street on which the lot would have frontage.
      Minimum lot frontage	50 feet	75 feet

   4. For projects having land area in more than one eligible zoning district (A-1, A-2 and R-1 Districts) the total lot yield shall be based upon the sum of the yield plans developed for each zoned area.
   5. For purposes of calculating total lot yield. A yield plan for A-1 properties may be developed, however, as part of the conservation subdivision development plan only preserved open space may be located in the A-1 zone.
   6. If development under the Yield Plan will require the use of septic tanks and drain fields, the applicant shall submit preliminary documentation from the Allegan County Health Department that the soils on each proposed lot are suitable for on site disposal systems and capable of supporting the number of lots included in the yield plan.
   7. The Yield Plan shall take into consideration environmentally sensitive land and un-buildable land. This 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 or obstruct construction of buildings and roads. When devising a yield plan and calculating the number of developable lots, up to 50% of the area consisting of designated wetlands, streams, flood plains, slopes in excess of 20%, existing ponds or lakes, or other bodies of water, may be included in the lot area calculations.

The Planning Commission shall review and find that the yield plan accurately reflects the number of lots that could be developed on the land using the yield plan standards.

The Commission shall either approve the number of lots illustrated on the yield 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 field plan in this Chapter.

1. Minimum Open Space. 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 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:
      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 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:
      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. Any easement for overhead utility lines and underground gas lines.
   3. The area within a platted lot, site condominium unit or metes and bounds parcel.
   4. Land occupied or to be occupied by a building or structure
   5. Off street parking areas.
   6. Detention and retention ponds created to serve the project.
   7. Proposed community drain fields.
   8. Existing lakes and other existing surface water features
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. Within the R-1 Districts the open space may include recreational trails, picnic areas, children's play areas, golf courses, community buildings or other use which, as determined by the Planning Commission, is substantially similar to these uses. Contiguous or Non-Contiguous open space located in the A-1 District may be established for purposes of agriculture, forestry hunting or habitat preservation and may not include developed recreational facilities.
   4. Unless specifically approved by the Planning Commission 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 either be reasonably useable by the residents of the land for passive recreational uses such as hiking or picnicking or shall be left available for agricultural use.
   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. Conservation Subdivision 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 Yield Plan, the Planning Commission may allow a reduction in the minimum lot size and building setback requirements of the zoning district in which the Conservation Subdivision project is located.
   1. The following minimum lot sizes and lot width shall be required unless a waiver is granted:
      
      

      Underlying Zoning District	Target* Minimum Lot Size	Minimum Lot Width*
      A-2	30,000 sq. ft.	90 feet of width at building setback/40 feet of street frontage
      R-1 without public sewer	20,000 sq. ft.	90 feet of width at building setback/40 feet of street frontage
      R-1 with public sewer	15,000 sq. ft.	85 feet of width at building setback/40 feet of street frontage

      ^* Lot size may be reduced in order to allow the developer to achieve the same number of lots as allowed under the yield plan and still set aside at least 50% of the project 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.
   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 a Conservation Subdivision Project within an R-1 district 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 Conservation Subdivisions. 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 Conservation Subdivision project shall contain no more than the maximum number of lots as determined from the Yield Plan approved by the Planning Commission under Section 28.03.
6. Perimeter Lots. Notwithstanding any other provision of this Section, the Planning Commission may require that the Conservation Subdivision 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.
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.

1. Effect of Approval. All improvements and uses of the development shall conform to the underlying zoning requirements except as modified by the approved site plan and any conditions imposed by the Planning Commission with the approval.
2. Any development involving a land division that is not exempted under the State Land Division Act, Act 288 of 1968, as amended shall require subsequent or concurrent review and approval as a platted subdivision or site condominium.
3. Recording of Action. The applicant shall record an affidavit with the Allegan County Register of Deeds containing the full legal description of the project site, and a separate legal description of the designated open space areas. The documentation shall also specify the date of final Township approval, and a declaration that all improvements will be carried out in accordance with the approved Conservation Subdivision PUD site plan unless an amendment is adopted by the Planning Commission. In addition, all deed restrictions and easements shall be duly filed with the Allegan County Register of Deeds. A copy of all recorded documents shall be presented to the Township Clerk.
4. Continuing Adherence to Plan. Any property owner who fails to conform to an approved Conservation Subdivision plan shall be deemed in violation of the use provisions of the Zoning Ordinance and shall be subject to the penalties for the same.
5. Performance Guarantee. The Planning Commission may require that a performance guarantee, in accordance with Section 15.03, be deposited with the Township to ensure completion of improvements.
6. Subsequent Rezoning of Designated Open Space Areas. Subsequent to the approval of a Conservation Subdivision PUD the Township shall commence procedures to rezone the designated open space areas accordingly.

When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding service, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the Conservation Subdivision project and surrounding properties.

1. General Revisions. Approved plans for Conservation Subdivision developments may be revised, under the same procedures required for initial approval set forth in Chapter 15.
2. Minor Changes. Notwithstanding any provision in the Ordinance to the contrary, minor changes to an approved Conservation Subdivision plan, including changes to the project phasing, may be permitted by the Planning Commission following the site plan review procedures of Chapter 14. Such minor changes may be approved by the Planning Commission without resort to the public notice and hearing procedures set forth in Chapter 15 if the Planning Commission specifically finds:
   1. Such changes will not adversely affect the initial basis for granting approval;
   2. Such changes shall not result in the increase in density or reduction of open space area or a change in the use of open space use as originally approved.
   3. The change is internal and does not have a direct relationship to an adjacent property.