A.

[This purpose of this article is] To permit, through the special use permit procedure, planned unit developments designed to encourage creativity and flexibility in the use and design of structures and land in Yankee Springs Township.

B.

The planned unit development (PUD) is intended to accomplish the following:

1.

Result in a more efficient pattern of development, with shorter streets and utility networks.

2.

Preserve existing natural assets, such as stands of trees, flood plains, lake frontage, scenic vistas and other open spaces.

3.

Accomplish a more desirable residential environmental plan than would be possible through the strict application of the minimum requirements of the zoning ordinance.

4.

Encourage the utilization of open space and the development of recreational facilities generally located within a reasonable distance of all units.

5.

Provide for supportive mix of land uses and amenities such as day care, office, neighborhood retail, and similar uses, which in the opinion of the planning commission, are in conformance with the goals and objectives of the master plan and will enhance the residential stability and economic base of Yankee Springs Township through the application of a special use permit.

A.

Minimum project area:

B.

The development must have direct access to a publicly maintained road or state highway.

C.

The principal permitted use shall be residential development, consistent with the zoning district of the proposed PUD. In the resort & recreation zoning district, permitted recreational uses (e.g., golf courses, stables) may exceed the twenty (20) percent maximum limit.

D.

Nonresidential land uses may be integrated into the proposed PUD through approval of the special use permit. Commercial uses may be limited to the development of not more than twenty (20) percent of the total project area. Examples of commercial uses may include retail stores, personal service establishments, bed and breakfast establishments, business or professional offices, golf courses with restaurants and retail components, and day care facilities. However, all proposed commercial uses must meet the intent of the PUD article and be subject to reasonable terms established as part of the special use permit process.

E.

Each principal building in the proposed PUD must be connected to water and sewer facilities that are approved by the Barry County Health Department.

F.

Each site shall be provided with adequate storm drainage. Open drainage courses and storm retention ponds may be permitted by the county drain commissioner.

G.

All utilities including telephone, electric, and cable, within the PUD, shall be located underground.

H.

Common open space:

1.

Common open space shall not include proposed street right-of-ways, open parking area or commercial areas. Common open space may contain accessory structures, paved bicycle and/or walking paths, agricultural uses, wetlands, improvements necessary or desirable for religious, educational, non-commercial, recreational or cultural uses.

2.

The area of common open space within a PUD project shall not be less than thirty (30) percent of the total land area of the project. However, when a water or wetland feature exists on the subject site, water and/or wetlands shall not account for more than eighty (80) percent of the required open space.

3.

Open spaces shall be conveniently located in relation to dwelling units.

4.

Open spaces shall have reasonable, minimum dimensions which are usable for the functions intended and which will be maintainable. However, open space designs which emphasize perimeter walking paths as a primary open space feature are not encouraged.

5.

All public areas and facilities which are to be dedicated to a public agency shall be so dedicated prior to approval of a final development plan, unless a binding agreement is provided in lieu of that dedication.

6.

Legal instruments setting forth the manner of permanent maintenance of common open space and facilities shall be submitted to the township attorney for review before the township board approves the final development plan. Such instruments may include dedication to permanent conservation easements or homeowner associations.

7.

Where a homeowner association is to be used to maintain common open spaces and facilities, the developer shall file a declaration of covenants and restrictions that will govern the homeowners association. The provisions shall include, but shall not be limited to, the following:

a.

The homeowners association shall be established before any dwelling in the PUD are sold;

b.

Membership in the homeowners association shall be mandatory for each dwelling unit buyer and for any successive buyer and shall be so specified in the covenants;

c.

Restrictions shall be permanent;

d.

The homeowners association shall be made responsible for liability; and dwelling owners shall pay their prorated share of the costs and this requirement shall be specified in the covenants.

8.

The parking requirements set forth in Article XII shall apply, except the number of spaces may be reduced, if approved by the Yankee Springs Township Board of Trustees, upon recommendation of the planning commission, as part of the final development plan. Such reductions shall be based upon specific findings.

(Ord. No. 04-01-08, § IV, 4-10-2008)

A.

Informal preliminary conferences: Prior to a formal application, the applicant is required to have two (2) informal preliminary conferences; one with the township zoning administrator and the township supervisor, the other with the township planning commission. The purpose of the conferences is to discuss the proposed development, review procedures, requirements and standards of the township. The applicant is encouraged to present concept plans site data and other information that will explain the proposed development. Statements made in these conferences shall not be legally binding.

B.

Application requirements: Following the preliminary conferences the applicant shall make an application for a PUD special use permit along with fifteen (15) sets of the preliminary development plans and the application fee (as set by resolution of the township board of trustees) to the township clerk. The application shall, at a minimum contain the following:

1.

The applicant's name, address, and phone number. Proof that the applicant is the owner of the property or has a legal or financial interest in the property (such as a sales agreement).

2.

The name and address of all persons, firms or corporations having a legal or equitable interest in the property.

3.

The address of the property.

4.

The legal description and parcel identification number of the property. Project descriptions.

5.

Size of the property in acres.

6.

The signature of the applicant and the property owner.

Upon receipt of the completed application, application fee and preliminary development plan, the township clerk shall forward copies of the plan and the application form to the township fire chief, engineer, planner and any others deemed appropriate. The balance of the plans and the original application form shall be turned over to the township zoning administrator for distribution to the planning commission to allow for their review of the proposed PUD.

C.

Preliminary development plan:

1.

The preliminary development plan shall contain the following:

a.

The date, north arrow, and scale, which shall not be smaller than one (1) inch equals fifty (50) feet.

b.

The location sketch of the site in relation to the surrounding area. This sketch shall label the land uses on all adjacent property.

c.

The legal description of the property.

d.

The parcel size in acres or square feet.

e.

All lot and property lines, with dimensions.

f.

The location of all existing and proposed structures on the site.

g.

The location of all existing and proposed streets, driveways, alleys, parking areas and easements, including the total number of parking spaces, parking calculations and typical dimensions.

h.

The size, location and proposed use of all areas devoted to open space.

i.

The general landscape concept, showing tree masses to be preserved, added, buffer areas, screening, and similar features.

j.

All wetland areas, flood plain boundaries and bodies of water.

k.

Existing topographical contours at a minimum of two-foot intervals.

l.

General layout of all proposed utilities including: water, sewer, telephone, gas and electrical services.

2.

The applicant shall also provide a written statement describing each of the following:

a.

The general character of the PUD.

b.

The gross residential densities and percent of the proposed PUD area to be covered by buildings and parking areas.

c.

The acres allocated to each use.

d.

The method and responsibility for maintain of open areas, private streets. Recreational amenities and parking areas.

e.

All environmental sensitive areas.

D.

Parallel plan: The applicant shall also prepare a parallel design plan for the project consistent with the requirements and design criteria of the Yankee Springs Township Ordinance No. 46, subdivision regulations, preliminary tentative plat stage. The parallel plan shall meet all of the following minimum lot area and width standards. These minimum lot area and width requirements already incorporate a density bonus for a PUD project.

MINIMUM LOT AREA AND LOT WIDTH

*With public sewer system

1.

Lots in the parallel plan shall provide sufficient building envelope size without impacting wetlands regulated by the Michigan Department of Environmental Quality (MDEQ).

2.

The planning commission shall review the design to determine the number of lots that could feasibly be constructed following the parallel design. This number shall set the maximum density number of dwelling units for the site allowable under the PUD provisions of this ordinance.

3.

However, riparian lots shall not be reduced in size from the dimensions listed unless granted a variance by the township zoning board of appeals.

4.

In the resort and recreational district, lot area and lot width for the residential portion of the development shall be based on those for the suburban residential, rural residential, agriculture districts, as determined by the planning commission. The determination shall be based on the location of the proposed development and the zoning of the surrounding properties.

E.

The planning commission may allow an exemplary open space community to include one or more of the following optional provisions. In order to qualify for an optional provision, the applicant must demonstrate to the planning commission and to the township board of trusties, that the proposed project exceeds the minimum standards for a PUD.

1.

In order to qualify for development under optional provisions of this section, all structures within the development, including single family dwellings, shall be subject to architectural review by the planning commission and the township board of trustees. Buildings shall provide harmony with adjacent uses in terms of texture, materials, peaked roof lines and massing, but there shall be a variation of front facade depth and roof lines to avoid monotony. Building elevations are required for all structures.

2.

A variable density bonus of up to ten (10) percent may be allowed at the discretion of the planning commission and the township board of trustees based upon a demonstration by the applicant of design excellence in the PUD project. In order to be eligible for the density bonus the PUD must meet all of the following criteria:

a.

Provide perimeter transition areas around all sides of the development that are at least one hundred fifty (150) feet in depth.

b.

Cleanup of on site contamination, if necessary.

c.

Providing a minimum of thirty (30) percent open space in the development.

d.

Other similar elements as determined by the planning commission and the township board of trustees. This may include projects that have a demonstrated public benefit, such as improving a road.

3.

After reviewing the preliminary, the planning commission shall transmit its recommendations to the applicant, along with any suggested changes or modifications.

F.

Impact assessment:

1.

The planning commission may require the applicant to prepare and submit an impact assessment. When required, preparation of the impact assessment shall be the responsibility of the applicant. The applicant shall use qualified professional personal to complete the impact assessment. The impact assessment shall describe in detail the effect and impact that the proposed PUD will have, or may have, upon or with respect to any of the following:

a.

Streams, rivers, wetlands, and the quality of surface and ground waters.

b.

Public utilities.

c.

Displacement of people and other land uses by the proposed use.

d.

Character of the area.

e.

Traffic.

f.

Wildlife.

2.

The impact assessment shall, if required by the planning commission, include statements and comments from the following public agencies or officials concerning any aspects of the proposed PUD within their respective responsibilities and jurisdictions:

a.

Township fire department.

b.

School districts represented within the township.

c.

The department of natural resources.

d.

Barry County:

(1)

Sheriff's department.

(2)

Health department.

(3)

Road commission.

(4)

Drain commissioner.

e.

Such other agencies as determined appropriate by the planning commission.

3.

The planning commission and township board of trustees shall consider the criteria listed below in their evaluation of the impact assessment. Failure to comply with any of the criteria shall be sufficient justification to deny approval. Will the project:

a.

Be harmonious with and in accordance with the general objectives of the master plan?

b.

Be designed, constructed, operated, and maintained in harmony with the existing or future neighboring uses?

c.

Represent a substantial improvement to the property in the vicinity and the community as a whole?

d.

Be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection, and refuse disposal, or will the applicant provide adequately for such service?

e.

Not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors?

(Ord. No. 04-01-08, § IV, 4-10-2008)

A.

Within a reasonable time period following the receipt of the completed application and fee, the planning commission shall schedule a public hearing on the request in accordance with the notification requirements of subsections 4.2.A. and B.

B.

Within a reasonable time period after the public hearing, the planning commission shall recommend to the township board of trustees, one (1) of the following:

1.

Approval of the preliminary plan; or

2.

Approval of the preliminary plan subject to certain specified conditions; or

3.

Denial of the preliminary plan.

C.

In making a recommendation to approve the PUD the planning commission must find that the proposed PUD meets the following standards:

1.

Granting the PUD special use permit will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

2.

The PUD will not result in a significant increase in the need for public services and facilities and will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.

3.

The PUD will be compatible with the master plan of the township and consistent with the intent and purpose of this article.

4.

The PUD will not result in significant adverse effects upon nearby or adjacent lands, and will not change the essential character of the surrounding area.

5.

The PUD is designed and laid out to preserve natural resources and natural features, to the fullest extent possible.

D.

Within a reasonable time period after receipt of the planning commission's recommendation, the township board of trustees shall either:

1.

Approve the preliminary plan;

2.

Deny approval of the preliminary plan; or

3.

Refer the preliminary plan back to the township planning commission for further review.

A.

After the preliminary plan has been approved by the township board of trustees the developer shall prepare the final development plan. The applicant shall submit fifteen (15) sets of the final development plans to the township clerk. The clerk shall forward copies of the final plan to the township fire chief, engineer, planner and others deemed appropriate. The balance of the plans shall be turned over to the zoning administrator for distribution to the planning commission for their review.

B.

The final development plan shall include all of the information required on the preliminary development plan and all additional information requested by the planning commission.

C.

The final plan shall incorporate all recommendations of the planning commission pursuant to the commission's review of the preliminary plan, or shall indicate how the final plan fails to incorporate the commission's recommendations. The plan shall be certified by a licensed architect, registered surveyor or professional engineer. In addition, final plan shall include the following:

1.

Architectural renderings or specific statements as to the type and style of construction to be used in the proposed buildings along with the height and area of each building.

2.

Projected time for completion of the entire project.

3.

Proposed phasing, if any, and the projected time for completion of each phase.

4.

Landscaping plans.

5.

Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintain of the land and the improvements thereon.

6.

Engineering plans showing, as necessary, water, waste disposal, drainage, exterior and street lighting, electricity, telephone and natural gas installations, and the nature and extent of earthwork required for site preparation and development.

7.

Any other information required by the planning commission to assist in the evaluation of the proposed PUD.

D.

Within a reasonable time period following the receipt of the complete set of the final plans, the planning commission shall review the plans for their completeness, act upon the plans, and sent their recommendation to the township board of trustees.

E.

Within a reasonable time period of the township board of trustees receipt of the planning commission's recommendation, the township board shall review the final development plans and recommendation submitted by the planning commission. in making its decision, the township board shall determine:

1.

Whether the final development plan complies with the standards, conditions, and requirements of this article;

2.

Whether the PUD promotes the intent and purposes of this article;

3.

Whether the PUD will be compatible with the adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed project; and

4.

Whether the PUD will be consistent with the public health, safety, and welfare needs of the township.

F.

Reasonable conditions may be imposed upon the township board of trustees' approval of a PUD special use permit subject to the standards listed in Article IV.

The township board of trustees shall by resolution, establish a fee schedule for special use permit applications under this ordinance.

Performance bonds may be required by the township board of trustees in accordance with section 5.13.

Any permit issued for construction pursuant to the PUD special use permit shall be valid only so long as there is compliance with the final development plan as accepted by the township board of trustees.

A.

A developer may request a change in an approved final development plan. Except for those changes determined to be minor, as provided below, changes to an approved final development plan or any conditions imposed on a PUD special use permit shall be reviewed and approved, approved with conditions, or denied by the planning commission and the township board of trustees pursuant to the procedure provided by this article for an original request.

B.

Minor changes to a final development plan may be approved by the planning commission without review and approval of the township board of trustees. Minor changes are limited to the following:

1.

Changes in residential floor area of not more than five (5) percent provided that there is no increase in the number of units.

2.

The relocation of building footprints by not more than three (3) feet, unless a specific setback or separation distance is imposed as a condition of the PUD approval.

3.

An increase in area portions of the site designated as "not to be disturbed."

4.

The substitution of plant materials by similar types of landscaping on a one-to-one ratio, as determined by the zoning administrator.

5.

Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the PUD which are not significant in relation to the PUD and would not have any significant adverse effect on adjacent or nearby lands or the public health, safety, or welfare.

A.

The approval of the final development plan for a planned unit development shall be for a period not to exceed two (2) years, from the date of the township board of trustees final approval date, to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within two (2) years after the approval is granted, the approved final development plan shall be void. The township board of trustees may require a new final development plan to be and reviewed in accordance with the requirements for the original application. An extension of the time limit may be approved if the township board of trustees finds that such extension or modification is not in conflict with the public interest.

B.

No zoning amendment passed during the time period granted for the approval of the final development plan shall in any way affect the terms under which approval of the planned unit development was granted.