[Amended 2-10-2021 by Ord. No. ZOA 21-212]
A. Purpose. This section is intended to carry out the provisions of
Act 177, PA 2001, as amended (now MCL § 125.286h), to include
an open space preservation development option in the Pittsfield Township
Zoning Chapter. This section proposes to accomplish this purpose by
allowing the owner of certain parcels of land the option to develop
that land in a manner that groups dwelling units on portions of the
land that are most suitable for residential development while requiring
the remaining portions of land most suitable for open space use to
be perpetually preserved as undeveloped open space. The regulations
in this section are also intended to accomplish the following nonexclusive
list of purposes.
(1) Preserve natural drainage systems, open space, farmlands, rural character,
woodlands and wetlands, natural topography, and environmentally sensitive
areas.
(2) Achieve a higher quality of residential development than could otherwise
be achieved under conventional zoning.
(3) Permit development that is consistent with the Township's adopted
Master Plan and any other applicable adopted plans.
(4) Preserve natural vegetation to the extent feasible.
(6) Facilitate the construction and maintenance of streets, utilities,
and public services in a more economical, efficient, and environmentally
friendly manner to reduce capital costs of development.
(7) Limit soil erosion potential by reducing the amount of clearing and
grading needed for development.
(8) Encourage a less sprawling form of development, thus preserving open
space as undeveloped land.
(9) Allow for design innovation to provide flexibility for land development
where the normal development approach would otherwise be unnecessarily
restrictive or contrary to other Township goals.
B. Review authority. The Pittsfield Township Planning Commission shall
have authority to approve or deny applications for an OSPDO that is
to be developed as a site condominium or a metes and bounds land division.
The Township Board shall have authority to approve or deny an application
for an OSPDO that is to be developed as a subdivision, after recommendation
by the Planning Commission. The Township Board shall have final authority
to approve or reject the conservation easement and master deed or
restrictive covenants for a development under this section.
C. Eligible property.
(1) A parcel of land, which parcel shall be the parent lot for the purposes
of this section, is eligible for an OSPDO if all the following requirements
are met.
(a)
The parent lot is zoned AG, R-1A, R-1B, R-2, or R-3.
(b)
The parent lot has an area of at least three acres of contiguous
land, not divided by a road.
(c)
The parent lot is under single ownership control such that a
single person or entity has proprietary responsibility for completing
and maintaining the development. An applicant applying for an OSPDO
under this section shall provide documentation of such ownership or
control in the form of agreements, contracts, deeds, or other such
evidence as is acceptable to the approving authority to assure that
the applicant has sufficient ownership interest in the parcel to bind
the land and assure that the development will be completed in its
entirety as approved and that the land will continue to be in compliance
and maintained in accordance with the final site plan, preliminary
plat as finally approved, and the approved maintenance plan under
this section.
(2) A OSPDO development shall maintain a minimum of 30% of the gross
area of the site as dedicated open space held in common ownership.
(3) Open space preservation developments achieving at least 50% dedicated
open space and meeting the provisions of § 40-7.02I shall
be treated as a permitted land use. Open space preservation developments
with between 30% and less than 50% dedicated open space but otherwise
meeting the provisions of § 40-7.02I shall be treated as
a conditional land use.
D. Permitted uses. The following uses are permitted within an OSPDO:
(1) AG District. In an AG Zoning District, the land may be used for single-family
detached dwelling units and accessory buildings or structures on an
approved lot or condominium unit. All other uses listed in § 40-4.20
shall be permitted in the dedicated open space, except that intensive
livestock or poultry raising operations, such as poultry houses, hog
hotels, etc., shall not be permitted.
(2) R-1A, R-1B, R-2, or R-3 District. All residential uses and types
permitted in § 40-4.20 in a R-1A, R-1B, R-2, and R-3 Zoning
Districts, are permitted in an OSPDO under this section.
E. Density regulations. The number of lots or site condominium units
permitted on a parcel of land under an OSPDO shall be calculated as
follows:
(1) Sites not served by public utilities.
(a)
For sites not served by public utilities, the number of units
shall not exceed the area of the parent lot, in acres, multiplied
by:
[2]
0.80 for land zoned AG that is designated for rural residential,
low-density use in the Township's adopted Comprehensive Plan.
[4]
1.25 for land zoned R-1B.
(b)
The minimum area of each lot or site condominium unit in an
OSPDO shall not be less than the minimum area required by Washtenaw
County for well and septic tank/drainfield permits.
(2) For lots served by public utilities, the number of dwelling units
permitted shall not exceed the number of dwelling units customarily
developable in the zoning district in which the proposed development
is located, developed with a conventional layout and all applicable
ordinances and laws observed. In order to calculate density with a
conventional subdivision or site condominium layout, the applicant
shall submit a concept site plan of the property with a conventional
layout. The plan shall indicate the topography of the site at two-foot
contour intervals and the limits of all floodplains, water bodies,
wetlands, easements, and other areas which would be set aside and
preserved due to impracticality, economic infeasibility, contractual
prohibition, or based upon applicable law or ordinance. In addition,
the concept plan with the conventional layout shall include the general
street pattern and lot configurations. In general, the plan shall
be drawn with sufficient detail to permit the Planning Commission
to determine the density that would be achieved by conventional development.
(3) The area of the parent lot shall be as defined in the definition of lot area in Article
II, herein.
(4) To encourage the use of the OSPDO, if all standards set forth in § 40-7.02I
are met, the underlying density established by § 40-7.04E(1)
and (2) may be increased by up to 20% at the discretion of the Planning
Commission. Density bonuses shall be based upon a demonstration by
the applicant of at least two of the following:
(a)
Preservation of significant natural features. Preservation of
significant natural features contained on the site, as long as it
is in the best interest of the Township to preserve the natural features
that might be negatively impacted by conventional residential development.
The determination of whether the site has significant natural features
shall be made by the Planning Commission, after review of a natural
features analysis, prepared by the applicant, that inventories these
features; or
(b)
Provision of recreation facilities. If the site lacks significant
natural features, it can qualify with the provision of usable recreation
facilities to which residents and nonresidents of the development
shall have reasonable access. Such recreation facilities include areas
such as nonmotorized mobility improvements, neighborhood park, passive
recreational facilities, soccer fields, ball fields, bike paths, or
similar facilities that provide a feature of community-wide significance
and enhance residential development; or
(c)
Preservation of agricultural land; preservation of existing
agricultural land. The determination of whether the site has significant
agricultural features shall be made by the Planning Commission after
review of a site plan, prepared by the applicant, which inventories
these features.
(d)
Provision of affordable housing: to provide affordable housing
opportunities in situations where such opportunities might not otherwise
be provided. Designated units shall remain affordable for the life
of the development. Provisions to implement the affordable housing
premium option shall meet requirements for affordable housing as determined
by the Township.
(e)
Inclusion of environmental features: to advance the goals of
the Township regarding environmental sustainability and stewardship.
Environmental features may include:
[1]
Sustainable building construction, including but not limited
to LEED certification or practices, solar-ready construction standards,
EV-ready parking locations (this could be for each unit or at the
community level); or
[2]
Development level or community green features, including but
not limited to community compost facilities, community solar and/or
geothermal energy harvesting capabilities (there may be some opportunity
for this in the open green space), green infrastructure, parking lot
green infrastructure, rainwater management for irrigation of green
spaces, and smart lighting of sidewalks/community spaces.
F. Minimum required yards.
(1) Each lot or site condominium unit in an OSPDO shall provide the following
minimum required yards. If property lines do not exist between houses,
the setbacks shall be measured to an imaginary line of equal distance
between the houses. A duplex shall be treated as a single-detached
residence for the purpose of determining required setbacks.
Table 7.02.F-1
Open Space Required Yards
|
---|
AG District
|
Front
|
35 feet
|
Side
|
20 feet
|
Rear
|
35 feet
|
R-1A or R-1B District
|
Front
|
30 feet
|
Side
|
10 feet
|
Rear
|
30 feet
|
R-2 District
|
Front
|
10 feet
|
Side
|
10 feet
|
Rear
|
15 feet
|
R-3 District
|
Front
|
40 feet
|
Side
|
15 feet
|
Rear
|
40 feet
|
(2) Perimeter setback. The perimeter setback for principal structures
from all of the borders of the development shall be equal to the rear
yard setback requirement for the underlying zoning district of the
property directly adjacent to each border. The required open space
areas may be located partially or completely within the perimeter
setback.
G. Minimum lot width. Each lot or site condominium unit in an OSPDO
shall have the following minimum widths, provided that the length
to width ratio of any lot or unit shall not exceed 4:1:
(1) AG and R-1A District: 100 feet.
(3) R-2 and R-3 District: no minimum lot width.
H. Regulatory flexibility. The Planning Commission, may waive the lot
coverage; impervious surface percentage; floor area ratio; front,
side, rear, perimeter setback; and minimum lot width requirements,
provided that the applicant has demonstrated innovative and creative
site and building designs and solutions, and environmentally friendly
practices which would otherwise be unfeasible or unlikely to be achieved
absent this provision.
I. Dedicated open space requirements.
(1) An OSPDO development shall maintain a minimum of 30% of the gross
area of the site as dedicated open space held in common ownership.
(2) Open space preservation developments achieving at least 50% dedicated open space and meeting the provisions of § 40-7.02I shall be treated as a permitted land use. Open space preservation developments with between 30% and less than 50% dedicated open space but otherwise meeting the provisions of § 40-7.02I shall be treated as a conditional land use. The definition of "lot area" shall be as defined in Article
II herein.
(3) The open space area within a proposed OSPDO shall be located so that
it preserves significant natural resources and/or connects open spaces
throughout the development and with adjacent open space.
(4) The open space shall be connected with existing or potential open
space and/or adjacent public land where feasible.
(5) An accessory structure(s) for permitted uses may be erected in the
open space in accordance with the approved site plan or plat.
(6) Except in a case where the applicant proposes agricultural use in
the open space area that is independent from the proposed residential
uses in the development, all owners of lots or site condominium units
in an OSPDO shall be permitted access to the dedicated open space.
Use of dedicated open space may be restricted to property owners in
the development.
(7) The applicant shall submit an open space management plan for maintaining
the dedicated open space with the application for the OSPDO.
(8) An owners' association shall be created for a development under this
section which shall own and be responsible for maintaining the dedicated
open space. Each property owner shall be a member of the association.
(9) Where a development under this section is proposed in phases, the
Township may require that all land to be dedicated as open space shall
be included in the first phase of the development.
J. Guarantee of dedicated open space.
(1) The applicant for an OSPDO shall set aside the dedicated open space
through an irrevocable conveyance that guarantees the dedicated open
space will remain perpetually open and will be maintained in the manner
approved by the Township Board. This conveyance shall be in the form
of a permanent conservation easement.
(2) The purpose of the conservation easement shall be to ensure that
dedicated open space will be:
(a)
Protected from all forms of development and limited to the uses
and structures as approved;
(b)
Shown on an approved site plan or plat; and
(c)
Never changed to another use.
(3) The conservation easement shall contain, at a minimum, the following
provisions that:
(a)
Describe the permitted use(s) within the dedicated open space.
(b)
Prohibit the storing and/or dumping of refuse and any hazardous
materials or refuse on the dedicated open space.
(c)
Prohibit any activity that might cause risk of soil erosion
on the dedicated open space except for accepted agricultural practices.
(d)
Prohibit the use of motorized vehicles and or motorized watercraft
on the dedicated open space.
(e)
Prohibit all cutting, filling, or removal of vegetation from
wetland or wooded areas in dedicated open space, except for invasive
species and as otherwise needed for acceptable resource management
practices.
(f)
Prohibit the use of pesticides, herbicides, or fertilizers within
or adjacent to wetlands in a dedicated open space.
(g)
Require that the owners' association maintain the dedicated
open space in accordance with the approved management plan.
(h)
Provide for maintenance of the dedicated open space to be undertaken
by the Township Board, and the costs thereof assessed against the
person or entities responsible for maintaining the dedicated open
space, if:
[1]
There is a failure to adequately maintain the open space in
accordance with the approved maintenance plan; or
[2]
The Township Board determines that the dedicated open space
is a public nuisance.
(i)
Require that the conservation easement runs with and is binding
upon the land and shall be recorded with the deeds to all parcels
created and proposed as part of a development under this section.
(j)
Provide that, if the owners' association, or any land trust
or conservancy holding the conservation easement, ceases to exist,
the easement shall revert to Pittsfield Township.
(4) At the option of the applicant, the conservation easement may be
dedicated to and held by the Township or a recognized land trust or
conservancy approved by the Township Board. The easement shall be
in a form acceptable to the Township and shall be duly recorded in
the Washtenaw County Register of Deeds office. This provision does
not prohibit a transfer of ownership or control, provided that such
transfer of control has prior approval of the Township Board and the
property in the OSPDO continues in compliance with the Township's
original approval.
K. Review procedures. An application for an OSPDO shall be reviewed
as follows:
(1) Subdivisions. If an OSPDO is for a subdivision, review of the preliminary
and final plats shall proceed as provided in the Pittsfield Township
Subdivision Ordinance and the Township's adopted Land Development
Standards.
(2) Site condominiums. If an OSPDO is for a site condominium, review shall proceed as provided in § 40-7.01 and Article
IX of this chapter and the Township's adopted Land Development Standards.
L. Review standards. A proposed OSPDO shall meet all the following standards
for approval. The Planning Commission shall make the necessary findings
for compliance with this section upon its review of the final site
plans for site condominiums and metes and bounds land divisions under
this section. It shall be the responsibility of the Township Board
to make such findings for subdivisions developed under this section
after review and recommendation by the Planning Commission. All findings
shall be in writing and shall be recorded in the minutes of the meeting
at which the decision is made.
(1) The proposed OSPDO must be consistent with the Township's adopted
Master Plan and any other applicable adopted plan.
(2) The proposed OSPDO must not adversely affect existing or future uses
or the value of adjacent properties.
(3) A site plan shall meet all requirements and standards for preliminary and final site plans as provided in Article
IX of this chapter and all requirements and standards of the Township's Land Development Standards. A subdivision plat shall meet all requirements and standards for preliminary and final plats in the Township's Subdivision Control Ordinance and the Township's Land Development Standards.
(4) The proposed OSPDO must meet all requirements and standards in this
section and all other applicable provisions of this chapter.
(5) The proposed OSPDO must comply with all applicable federal, state,
and local rules and regulations.
M. Design standards.
(1) The OSPDO shall be designed to promote preservation of natural features.
Lots or site condominium units, roads, stormwater management facilities,
and other improvements shall be designed and situated to minimize
alteration of or intrusion into the natural environment.
(2) Lots or site condominium units shall be located on soils that are
most suitable for drainfields.
(3) Dwelling units shall be located away from environmentally sensitive
areas. They shall not be located in areas most suitable for open space.
Dwelling units shall be located as far as possible from agricultural
areas.
(4) Placement of wells, septic tanks, and drainfields shall comply with
all requirements of Washtenaw County.
(5) Each lot or site condominium unit shall have access to and frontage
on an approved street.
(6) Pedestrian access shall be provided within a development between
lots or site condominium units and nonagricultural open space, between
open space areas, and to appropriate on- and off-site uses.
(7) The Planning Commission or Township Board, whichever applies, may
require that structures of historic, cultural, or architectural significance
on the site of an OSPDO be retained, if suitable for rehabilitation.
Adaptive reuse for a permitted use may be permitted.
N. Conditions of approval. The Planning Commission or Township Board,
whichever applies, may impose reasonable conditions for approval of
an OSPDO that will assure that the development and all elements of
the proposed OSPDO will be consistent with the intent and purpose
of requirements in this section, this chapter, Subdivision Control
Ordinance and the Township's Land Development Standards.
O. Recording of action.
(1) Upon approval of a final site plan by the Planning Commission, or
final approval of a preliminary plat by the Township Board, the applicant
shall record an affidavit with the Washtenaw County Register of Deeds
that contains the full legal description of the property in the OSPDO,
specifies the date of Township approval, states the conditions the
Planning Commission or Township Board imposed, and declares that all
improvements will be carried out pursuant to the approved OSPDO plan
or plat, unless an amendment is endorsed by the Planning Commission
or Township Board, whichever applies. The deed restrictions and conservation
easement shall be duly filed with the Washtenaw County Register of
Deeds. The applicant shall promptly submit copies of the recorded
documents to the Township Clerk.
(2) Upon approval of a final site plan by the Planning Commission, or
final approval of preliminary plat by the Township Board, the Township
Zoning Administrator shall promptly record the approval of the OSPDO
on the Township's official Zoning Map, which entry shall be signed
by the Township Supervisor and attested to by the Township Clerk.
P. Time limits.
(1) An approved OSPDO shall expire and be of no effect if construction
does not commence within 12 months after approval unless the Planning
Commission or Township Board, whichever gave the approval, approves
an extension. If the applicant does not comply with the conditions
specified in the approval, the approving authority or Township Zoning
Administrator shall issue a stop-work order, and no further work shall
be done until such time as the conditions are met to the satisfaction
of the approving authority.
(2) Each phase of a development shall be commenced within 12 months of
the schedule set forth in the approval. If construction of any phase
is not timely commenced as provided herein, the approval of the OSPDO
shall become null and void and no further work may be conducted on
the site until such time as adequate assurances to the satisfaction
of the approving authority are made that the development will be completed
as approved by a date certain as determined by the approving authority.
(3) The applicant may apply in writing to the approving body for an extension
of time in which to commence and/or complete construction. The application
for extension must include an explanation of reasons justifying the
requested extension. The body granting the original approval may grant
a requested extension not exceeding 12 months for good cause. Not
more than one extension may be approved.
Q. Continuing compliance.
(1) An applicant who fails to comply with the approved final site plan
or the preliminary plat as finally approved, whichever applies, shall
be deemed in violation of this chapter, and subject to enforcement
and penalties as provided in § 40-3.07 of this chapter.
(2) A development agreement and performance guarantee shall be required
as a condition of final site plan and preliminary plat approval. The
guarantee and agreement shall be in a form approved by the Township
Board and shall ensure completion of a proposed OSPDO as approved.