A.
Integrated development concept. A planned unit development project
is viewed as an integrated development concept. To that end, the provisions
of this article are not intended to be used as a device for avoiding
the zoning requirements that would otherwise apply, but rather to
allow flexibility and mixture of uses, and to improve the design,
character, and quality of new development. The use of a planned unit
development to permit variations from other requirements of this chapter
shall only be approved when such approval results in improvements
to the public health, safety, and welfare in the area affected, and
in accordance with the intent of this article.
B.
Purpose. A planned unit development and the associated planning and
development regulations, as set forth herein, are designed to achieve
the following purposes:
(1)
Provide flexibility in regulation of land development, resulting
in a higher quality of land development that contributes to the social,
economic, and environmental sustainability of the Township.
(2)
Provide for a compatible mixing of land uses.
(3)
Encourage innovation in land use planning, design, and development
that responds to changing public needs.
(4)
Create stable neighborhoods by providing a variety and balance of
housing types which improve the quality of residential environments.
(5)
Provide commercial, education, and recreational facilities and employment
opportunities conveniently located in relation to housing.
(6)
Encourage provision of useful open space and long-term protection
and conservation of natural features and resources.
(7)
Promote the efficient use and conservation of energy.
(8)
Encourage the use, redevelopment, and improvement of existing sites
where current ordinances do not provide adequate protection and safeguards
for the site or its surrounding areas, or where current ordinances
do not provide the flexibility to consider redevelopment, replacement,
or adaptive reuse of existing structures and sites.
(9)
Ensure that the increased flexibility of regulations over land development
is subject to proper standards and review procedures.
A.
Procedures.
(1)
An application for a planned unit development may be made by the owner(s) of record or by a person(s) acting on behalf of the owner(s) of record of the subject parcel. The application shall include all required information, including a preliminary site plan, which meets the requirements of Article IX or, in the case of a subdivision, a tentative preliminary plat.
(2)
The application shall be filed with the Zoning Administrator who
shall transmit copies to the Planning Commission prior to its next
regularly scheduled meeting.
(3)
The Planning Commission shall hold a public hearing on the application.
Notice of the public hearing shall be given as set forth in § 40-3.05
of this chapter.
(4)
Evidence presented at public hearing.
(a)
At the public hearing the applicant shall present evidence regarding
the following characteristics of the proposed development:
(b)
The Planning Commission may also require that the applicant
provide information at the public hearing concerning community impact
in terms of streets and traffic, schools, recreation facilities and
costs/revenues for the Township; and environmental impact.
(c)
Evidence and expert opinion shall be submitted by the applicant
in the form of maps, charts, reports, models or other materials, and
in the form of testimony by experts, as will clearly state the full
nature and extent of the proposal. Materials shall be submitted in
sufficient quantity for public display and for review by the Planning
Commission and other Township officials.
(5)
Upon completion of the public hearing and conclusion of deliberations
based on findings regarding standards as set forth in § 40-6.02B,
the Township Planning Commission shall make a recommendation to approve,
approve with conditions, or deny the application. Such recommendation
shall be forward to the Township Board.
(6)
The Township Board shall review the application and the recommendation
of the Township Planning Commissions thereon, and shall approve, approve
with conditions, or deny the application. The Township Board shall
attach appropriate conditions to its approval of a planned unit development
application, including conditions concerning expiration dates, as
provided in § 40-6.09, herein.
B.
Standards for application review. The Planning Commission shall determine,
and shall provide evidence of its determinations in its report to
the Township Board, that the application meets the following standards.
Failure to meet any standard may be a ground for recommendation of
denial.
(1)
The proposed development shall conform to the adopted Master Plan,
or represent land use policy which, in the Planning Commission's opinion,
is a logical and acceptable change in the adopted Master Plan.
(2)
The proposed development shall conform to the intent and all regulations
and standards of a planned unit development district.
(3)
The proposed development shall be adequately served by public facilities
and services, such as but not limited to streets, police and fire
protection, drainagecourses, water and sanitary sewer facilities,
refuse disposal, and sidewalks, or that the persons or agencies responsible
for the proposed development shall be able to properly provide such
facilities and services.
(4)
Common open space, other common properties and facilities, individual
properties, and all other elements of a planned unit development are
so planned that they will achieve a unified open space and recreation
area system, with open space and all other elements in appropriate
locations, suitably related to each other, the site, and surrounding
lands.
(5)
Public and common areas will be or have been irrevocably committed.
Provisions shall be made for financing of improvements shown on the
plan for open space and other common areas, and that proper maintenance
of such improvements is assured.
(6)
The proposed development shall be located and designed in a manner
which will minimize the impact of traffic, taking into consideration:
pedestrian access and safety; vehicle trip generation (i.e., volumes);
types of traffic, access location, and design, circulation, and parking
design; street and bridge capacity; and traffic operations at nearby
intersections and access points. Efforts shall be made to ensure that
multiple transportation modes are safely and effectively accommodated
in an effort to provide alternate modes of access and alleviate vehicular
traffic congestion.
(7)
The mix of housing unit types and densities and the mix of residential
and nonresidential uses shall be acceptable in terms of convenience,
privacy, compatibility and similar measures.
(8)
Where applicable, that noise, odor, light, or other external effects
which are connected with the proposed uses, will not adversely affect
adjacent and neighboring lands and uses.
(9)
The proposed development shall create a minimum disturbance to natural
features and land forms.
(10)
Streets shall follow topography, be properly spaced, and be
located and aligned in accordance with the intended function of each
street. The property shall have adequate access to public streets.
The plan shall provide for logical extensions of public streets and
shall provide suitable street connections to adjacent parcels, where
applicable.
(11)
Pedestrian circulation shall be provided within the site, and
shall interconnect all use areas, where applicable. The pedestrian
system shall provide for a logical extension of pedestrianways outside
the site and to the edges of the site, where applicable.
C.
Effect of approval of application. Approval of the application by
the Township Board shall have the following effects:
(1)
The Zoning Map shall be amended to designate the property as planned
unit development.
(2)
Approval shall confer a right to the landowner(s) that the zoning
regulations as designated by the Township, shall not be changed within
the time periods provided in §§ 40-6.09 and 40-6.10,
herein.
(3)
Approval of the planned unit development application and preliminary
site plan shall indicate acceptance of uses, building locations, layout
of streets, dwelling unit count and type, floor areas, densities,
and all other elements of the preliminary site plan.
(4)
Approval of the planned unit development application and preliminary site plan shall authorize the applicant to file an application for review of a final plan for each phase of the proposed development. No construction shall begin within any phase until a final site plan is approved as required herein, and in accordance with Article IX, herein.
(5)
Approval of the planned unit development application and tentative
preliminary plat by the Township Board shall authorize the applicant
to file an application for review of a final preliminary plat in accordance
with the Land Division Act (MCL 560.101) and the Township's Subdivision
Control Ordinance for all or part of the area within the planned unit
development which is to be platted.
(6)
No deviations from the preliminary plan approved by the Township
Board, or from any condition of approval, shall be permitted except
through amendment or revision, as provided in this article.
A final site plan shall be submitted for approval for each phase of a planned unit development as delineated on the approved preliminary site plan. Each final site plan shall be submitted and reviewed in accordance with, and shall meet all provisions of Article IX, herein. Final site plans shall conform to the approved preliminary site plan and all conditions attached thereto.
A.
Single-family detached residential development. A preliminary or
final site plan shall not be required for any part of a planned unit
development which is to be platted for single-family detached residential
development.
B.
Conformance. Preliminary and final plats shall conform to the tentative
preliminary plat and all conditions attached thereto.
C.
Pittsfield Subdivision Ordinance. Subdivision plats shall meet all
requirements of the Pittsfield Township Subdivision Ordinance.
A.
Allowable uses. Uses permitted in a planned unit development shall
be compatible with the Master Plan, or any applicable corridor or
subarea plans adopted by the Township.
B.
Uses in compliance with approved site plan/plat. All use of land
and buildings in a planned unit development shall comply with the
listing and location of uses shown on the approved planned unit development
application and preliminary site plan and/or approved plat, whichever
is applicable. Uses and structures accessory to the listed uses shall
be permitted. No other uses shall be permitted.
A.
General provisions.
(1)
Continuing applicability of regulations. The location of all uses
and structures, all uses and mixtures thereof, all yards and transition
strips, and all other information regarding uses of properties as
shown on or as part of an approved site plan or plat approved subsequently
thereto, and all conditions of approval, shall have the full force
and permanence of this chapter as though such regulations were specifically
set forth in this chapter. Such regulations shall be the continuing
obligation of any subsequent interests in the land in a planned unit
development or parts thereof and shall not be changed except as approved
through amendment or revision procedures as set forth in § 40-6.08,
herein.
(2)
Construction. No construction, grading, tree removal, soil stripping,
or other site improvements or changes shall commence, and no permits
shall be issued therefor, on a lot zoned or under zoning application
for a planned unit development district classification until the requirements
of this article have been met.
B.
Density regulations.
(1)
Density in a planned unit development shall be regulated as follows:
(a)
The maximum permitted residential density for a planned unit
development shall not exceed the average residential density for the
area included in the planned unit development as shown on the Township's
adopted Master Plan. The Planning Commission may grant an increase
in average lot density up to 25%. Such increase in density shall be
commensurate with public benefit provided. Such public benefit may
include, but is not limited to, preservation, restoration and enhancement
of natural resources; increased open space; public dedication of land;
or sustainable building and site design.
(b)
The maximum lot coverage (LC) shall not exceed 25%.
(c)
The maximum impervious surface shall not exceed that which is
allowed in the zoning district that is most similar to that use area.
(2)
Density calculations shall meet the following requirements:
(a)
Land areas to be used in calculating overall densities, lot
coverage (LC) and floor area ratios (FAR) shall be delineated on the
preliminary site plan, where applicable, and final site plan so that
the acreage and density computations can be confirmed.
(b)
Land area used for calculating overall residential density shall
include the total residential land area designated on the area or
preliminary site (sketch) plan, where applicable, and final site plan,
less any area within existing public street right-of-way.
(c)
The surface area of lakes, streams, ponds (natural, man-made,
or stormwater retention), marshlands, and similar areas may be included
in the acreage used for calculating density if at least 50% of the
frontage of such areas are part of lands devoted to parks and open
space used for and accessible to residents of the planned unit development.
(d)
LC and FAR calculations for residential structures shall be
based upon the acreage designated for overall residential density.
LC and FAR calculations for nonresidential uses shall be based upon
land areas designated for such use and shall include acreage for private
drives, parking and loading areas, open spaces around structures,
landscape areas, and similar areas, but not including acreage in existing
public street right-of-way.
(e)
Land used to provide acreage sufficient to meet density regulations
in a project within a planned unit development shall not be used to
compute density in another project within the planned unit development
unless the overall and new densities, LCs and FARs of the subject
property, and all previous projects in the district are maintained
at or less than the limits established in the approved area plan.
(f)
The LC and FAR shall include assumed ground floor area and total
floor area for proposed single-family detached dwelling units. Such
assumed floor areas shall be listed in the required calculations.
C.
Minimum lot area. There shall be no minimum lot area for a planned
unit development; provided, however, that the Township Planning Commission
shall find that the lot area for any proposed planned unit development
is reasonable for a development of that nature. Such finding shall
take into account the lot size required for similar developments in
other districts.
D.
Required yards.
(1)
The required yards shall not exceed that which is allowed in the
zoning district that is most similar to that use area.
(2)
The yard requirement may be reduced or waived when approved by the
Township Board upon recommendation of the Planning Commission. The
reduction or waiver shall be based upon findings that topographic
conditions, existing trees, and other vegetation, proposed land grading
and plant materials, or other site conditions perform the same functions
as the required yards. Such reductions or waivers shall be shown on
the approved area plan.
F.
Height regulations.
(1)
The allowed height shall not exceed that which is allowed in the
zoning district that is most similar to that use area.
(2)
The preceding height requirement may be reduced or waived when approved
by the Township Board upon recommendation of the Planning Commission.
Approval shall be based upon findings regarding natural light, air
circulation, views, fire protection, and airport flight patterns,
where applicable. The height of each building shall be indicated on
the area plan and all site plans approved subsequently thereto.
G.
Circulation and access.
(1)
Each lot or principal building shall have vehicular access from a
public street or private street approved by the Township Board.
(2)
Every lot or principal building shall have pedestrian access from
a public or private sidewalk where deemed necessary by the Planning
Commission. All parts of a planned unit development shall be interconnected
by a sidewalk system which will provide necessary, safe, and convenient
movement of pedestrians. A bicycle path system shall also be provided
in a planned unit development in accordance with the Pathway Plan
in the Master Plan or any other subarea plan or nonmotorized plan
approved by the Township.
(3)
Public and private streets shall be designed and constructed according
to established standards for public streets, except that such standards
may be modified if adequate service will be provided. Right-of-way
standards may be modified, especially where the area plan provides
for adequate off-street parking facilities and for the separation
of pedestrian and vehicular traffic. Modification of proposed public
streets shall be approved by the Washtenaw County Road Commission
Engineer.
(4)
An individual dwelling unit in a single-family or two-family structure,
or an individual townhouse building or mobile home, or similar residential
structure, shall not have direct driveway access to a collector or
arterial street. In such case, access shall be provided by a public
or private street.
H.
Utilities.
(1)
Each principal building shall be connected to public water and sanitary
sewer lines, or to on-site facilities approved by the Township Board,
after approval by the Washtenaw County Health Department.
(2)
Each site shall be provided with adequate storm drainage. Open drainagecourses
and stormwater retention ponds may be permitted where shown on an
approved area plan, site plan, or plat.
(3)
Electrical, telephone, and cable television lines shall be placed
underground; provided, however, that distribution lines may be placed
overhead if approved by the Township Board. Surface-mounted equipment
for underground wires shall be shown on final site plans, and shall
be screened from view.
I.
Open space regulations.
(1)
Buildings, parking lots, drives, and similar improvements may be
permitted in open space areas if related and necessary to the functions
of the open space. Other buildings and improvements shall be prohibited
therein.
(2)
Open space areas shall be conveniently located in relation to dwelling
units.
(3)
Open space areas shall have minimum dimensions which are usable for
the functions intended and which will permit proper maintenance.
(4)
The Township Board may require, upon recommendation of the Planning
Commission, that natural amenities, such as but not limited to ravines,
rock outcrops, wooded areas, tree or shrub specimens, unique wildlife
habitat, ponds, streams and marshes be preserved as part of the open
space system.
J.
Parking and loading requirements. The parking and loading requirements set forth in Article XII, herein, shall apply, except that the number of spaces required may be reduced. Width of parking spaces may be reduced to not less than nine feet. The reductions shall be approved by the Township Board, upon recommendation of the Planning Commission, as a part of the area plan, and shall be based upon specific findings. The parking area saved by reducing the number or width of spaces shall be put into landscape/open space areas within the planned unit development.
K.
Phasing. Development may be phased as delineated on the approved
area plan, subject to the following requirements.
(1)
A phase shall not be dependent upon subsequent phases for safe and
convenient vehicular and pedestrian access, adequate utility services,
and open spaces and recreation facilities.
(2)
The Township Board, upon recommendation of the Planning Commission,
may require that the development be phased so that property tax revenues
resulting from such development will generally balance the expenditures
required by public agencies to properly service that development;
so that overloading of utility services and community facilities will
not result; and so that the various amenities and services necessary
to provide a safe, convenient, and healthful residential environment
will be available upon completion of any one phase. The Planning Commission
may require the applicant to provide market analyses, traffic studies,
and other information necessary for the Commission to properly and
adequately analyze a planned unit development application for recommendation
to the Township Board with respect to this requirement.
(3)
The Planning Commission may require, as part of a final site plan
review of a phase of a planned unit development, that land shown as
open space on the approved area plan be held in reserve as part of
the phase to be developed, in order to guarantee that density limits
for the entire approved planned unit development will not be exceeded
when the subject phase is completed. Such reserved land may be included
in the development of subsequent phases if the density limits will
not be exceeded upon completion of that phase or if other land is
similarly held in reserve.
(4)
Development shall be started and shall be diligently pursued in the
manner and sequence shown on the approved site plan.
A.
Location, extent, and purpose. The location, extent, and purpose
of all common areas and facilities shall be identified on the preliminary
site plan where applicable, and on each final site plan. All such
areas and facilities which are to be conveyed to any agency shall
be identified accordingly on the final site plan(s).
B.
Dedication. All public areas and facilities which are to be dedicated
to a public agency shall be so dedicated prior to approval of a final
site plan or a final plat, unless a binding agreement is provided
in lieu of dedication.
C.
Legal review. Legal instruments setting forth the manner of permanent
maintenance of common areas and facilities shall be submitted to the
Township Attorney for review before the Township Planning Commission
approves a final site plan or the Township Board approves a final
plat.
A.
Amendment. A developer may request a change in an approved preliminary
site plan, or an approved final site plan. A change in an approved
preliminary or final site plan which results in a major change, as
defined in this section, shall require an amendment to the approved
site plan. All amendments shall follow the procedures herein required
for original submittal and review of an application for planned unit
development zoning. A change which results in a minor change as defined
in this section shall require revision to the approved plan and approval
by the Planning Commission.
B.
Major changes. The following changes shall be considered major, for
which amendment is required:
(1)
Change in concept, including but not limited to design layout and
building orientation of the development.
(2)
Change in use or character of the development.
(3)
Change in type of dwelling unit as identified on the approved area
plan.
(4)
Increase in the number of dwelling units (density).
(5)
Increase in nonresidential floor area of over 5%.
(6)
Increase in lot coverage or FAR of the entire planned unit development
of more than 1%.
(7)
Rearrangement of lots, blocks, and building tracts.
(8)
Change in the character or function of any street.
(9)
Reduction in land area set aside for common open space or the relocation
of such area(s).
(10)
Increase in building height.
C.
Minor changes. A developer may request approval of minor changes,
as defined in this section, in an approved preliminary site plan,
where applicable, or an approved final site plan. The Planning Commission
shall notify the Township Board and other applicable agencies of its
approval of such minor changes. Minor changes shall include the following:
(1)
A change in residential floor area.
(2)
An increase in nonresidential floor area of 5% or less.
(3)
Minor variations in layout which do not constitute major changes.
(4)
An increase in lot or FAR of the entire planned unit development
of 1% or less.
(5)
A change in phasing of development that does not change the concept
or character of the planned unit development.
D.
The Planning Commission shall have the authority to determine whether
a requested change is major or minor, in accordance with this section.
The burden shall be on the applicant to show good cause for any requested
change.
E.
The Planning Commission shall have the authority to approve a proposed
revision requested by the owner of an individual lot in an approved
planned unit development district as a minor change. Such revision
shall not be approved unless and until the following findings have
been made:
(1)
The revision is a minor change under the provisions of § 40-6.08C
above.
(2)
The revision will not alter the basic design of the approved planned
unit development district, any substantive conditions imposed on the
district at the time of approval, or any provision for the district
required in this article.
F.
The Planning Commission shall inform the Township Board in writing
of its decision on each request under this subsection.
A.
Condition of approval. The Township Board shall include as a condition
of approval of each application for a planned unit development, expiration
dates as set forth in § 40-6.09, or such later expiration
dates as the Township Board may approve.
B.
Preliminary site plan expiration. A preliminary site plan shall expire
18 months after approval unless a final site plan for the first phase
of the project, or for the entire property in the planned unit development
if development is not to occur in phases, is submitted to the Planning
Commission for approval. Thereafter the final site plan for each subsequent
phase shall be submitted to the Planning Commission for review and
approval within two years of the date of approval of the immediately
preceding final site plan.
C.
Final site plan expiration. Development shall be diligently pursued to completion, and shall be completed within two years of the date of approval of a final site plan. An approved final site plan shall expire as provided in Article IX of this chapter. A final site plan for the entire planned unit development, or all final site plans for phases thereof, shall have received approval by the Planning Commission within three years of the date of the Board approval of the planned unit development, in the case of a planned unit development of 20 acres or less in area. All final plats in a planned unit development shall have been approved and recorded within the preceding time periods.
D.
Revocation. Expiration of a preliminary site plan as set forth in § 40-6.09B,
and failure to obtain approval of final site plans and final plats
as provided in § 40-6.09C preceding, shall authorize the
Township Board, after a hearing, to revoke the right to develop under
the approved area plan, and unless good cause can be shown for said
expiration. In such case, the Township Board may require that a new
area plan be filed and reviewed in accordance with the requirement
for original application. Expiration shall also authorize the Township
Board to initiate a Zoning Map amendment to place the subject property
into one or more zoning districts.
E.
Permits. If an approved area plan or an approved final site plan
has expired as set forth in this section, no permits for development
or use of the property shall be issued until the applicable requirements
of this section have been met.
F.
Township Board change in zoning classification. The Township Board
may, at any time following three years after the date of approval
of a planned unit development of 20 acres or less, or five years after
the date of approval of a planned unit development of more than 20
acres, or such later time as might be specified in the conditions
of approval, change the zoning classification of any or all parts
of a planned unit development district to one or more zoning districts
as deemed appropriate by the Township Board. The Township Board may
make such changes whether or not development is completed.
Time limits set forth in this article may be extended upon showing
of good cause, and by written agreement between the applicant and
the Planning Commission or Township Board, whichever is applicable,
in the case of area plans, and between the applicant and the Planning
Commission, in the case of preliminary and final site plans.
As-built drawings shall be provided in accordance with Article IX.
A performance guarantee may be required in accordance with § 40-3.09.
