The Planned Unit Development (PUD) District is intended to permit flexibility in the application of zoning standards and requirements where it can be demonstrated that the intent set forth in § 530-123 and criteria set forth in § 530-124 can be achieved through the use of PUD regulations. This article is also intended to ensure the use of land in a manner that encourages the preservation of rural character and large areas of open space, protects valuable natural resources of the Township as identified in documents, including but not limited to the Township Master Plan and Natural Features Inventory, enhances ecological functions, and permits development that is enhanced by the inclusion of open space and active and/or passive recreation planned as an accessory part of the development. Specifically, the PUD District regulations set forth herein are intended to achieve the following purposes:
A.
Encourage innovation in land use and excellence in design, layout,
and type of structures constructed through the flexible application
of land development regulations;
B.
Achieve economy and efficiency in the use of land, natural resources,
energy and the provision of public services and utilities;
C.
Encourage the provision of open space for active and passive use;
D.
Emphasize a planning approach which identifies and integrates natural
resources and features in the overall site design concept;
E.
Provide adequate housing, employment and shopping opportunities particularly
suited to the needs of the residents of the Township; and
F.
Incorporate design elements that unify the site through landscaping,
lighting, coordinated signage, and pedestrian walks and pathways.
G.
Encourage the use, reuse and improvement of existing sites and buildings
when developed in a compatible manner with surrounding uses.
A.
Where permitted. A PUD may be applied for in any zoning district.
B.
Process. Approval of a PUD application shall be a two-step process. The first step shall be a preliminary review as set forth in § 530-128C. The final step, as set forth in § 530-128L, shall include a rezoning by way of amendment of this chapter upon the recommendation of the Planning Commission and approval of the Township Board.
C.
Qualifications of subject parcel for consideration as a PUD. The
applicant for a PUD must demonstrate through the submission of both
written documentation and site development plans that all of the following
criteria are met:
(1)
The minimum area for an exclusively residential development
is 10 acres.
(2)
The minimum area for an exclusively nonresidential or a complementary
mix of residential and nonresidential uses shall be five acres.
(4)
Approval of the PUD will result in one or more of the following:
(a)
A recognizable and material benefit to the ultimate users of
the project and to the community, where such benefit would otherwise
be unfeasible or unlikely to be achieved without application of the
PUD regulations; or
(b)
Long-term protection and preservation of natural resources and
natural features of a significant quantity and/or quality, where such
benefit would otherwise be unfeasible or unlikely to be achieved without
application of the planned unit development regulations; or
(c)
A nonconforming use shall, to a material extent, be rendered
more conforming to and compatible with the zoning district in which
it is situated.
(5)
The proposed type and/or density of use shall not result in
an unreasonable increase in the need for or burden upon public services,
facilities, roads, and utilities.
(6)
The proposed PUD shall be consistent with the public health,
safety, and welfare of the Township.
(7)
The proposed PUD shall minimize any negative environmental impact
on the subject site or surrounding land.
(8)
The proposed PUD shall minimize any negative economic impact
upon surrounding properties.
(9)
The proposed PUD shall be consistent with the goals and policies
of the Huron Township Master Plan.
(10)
The proposed PUD shall be under single ownership and/or control
such that there is a single person or entity having responsibility
for completing, or having legal authority for completing, the project
in conformity with this chapter, provided that such responsibility
shall not include individual principal buildings and facilities on
the site of such buildings which serve only such buildings and have
no relation or impact upon other portions of the development. This
provision shall not prohibit a transfer of ownership and/or control,
upon due notice to the Clerk.
(11)
Where a project is proposed for construction in phases, a final
PUD plan shall be submitted for each phase prior to commencement of
construction of that phase.
A.
Design considerations. A proposed PUD shall take into account the
following specific design considerations, as they are necessary to
ensure compliance with all applicable regulations and to ensure the
compatibility of the project with adjoining properties and the general
area in which the property is located.
(1)
Perimeter setbacks.
(2)
Street drainage and utility design with respect to location,
availability, ownership, and compatibility.
(3)
Underground installation of utilities.
(4)
Insulation of separate pedestrianways apart from vehicular streets
and ways.
(5)
Achievement of integrated and harmonious development with respect
to signs, lighting, landscaping, and construction materials.
(6)
Noise reduction and visual screening mechanisms from adjoining
residential uses.
(7)
Ingress and egress to the property with respect to automotive
and pedestrian safety and convenience, traffic flow and control, street
capacity, and emergency access.
(8)
Off-street parking, loading, refuse, and other service areas
with respect to ingress and egress and the potential effects of noise,
glare, vibration, and odor emanating from such facilities on adjoining
properties and uses.
(9)
Screening and buffering with respect to dimensions and character.
(10)
Yard areas and other open space.
(11)
Density and intensity of development expressed in terms of percent
of gross and net land area coverage and/or gross and net housing units
per acre and the height of buildings and other structures.
(12)
The preservation of natural resources and natural features.
B.
Site development capability. In establishing the development capability
of the site, the applicant shall submit a site analysis and supportive
documentation which will illustrate the following:
(1)
Visual impacts, including but not limited to ridgeline protection
areas and protection of scenic views.
(2)
Erosion prevention and control, including but not limited to
protection of natural drainage channels and compliance with an approved
stormwater drainage management plan.
(3)
Preservation of significant native trees and other native site
vegetation, including protection of natural area buffer zones.
(4)
Conservation of water, including but not limited to preservation
of existing native vegetation, reduction in amounts of irrigated areas
and similar considerations.
(5)
Stream corridor and wetland protection and buffering.
(6)
Site topography, including but not limited to such characteristics
as steepness of slopes, existing drainage features, rock outcroppings,
river and stream terraces, valley walls, ridgelines and scenic topographic
feature
(7)
Floodplains and floodways.
(8)
Wildlife movement corridors.
(9)
Natural area buffer zones as delineated below.
(10)
The practical needs of approved construction activity in terms
of ingress and egress to the developed project and necessary staging
and operational areas.
(11)
Hydrology and groundwater flow.
A.
Residential density.
(1)
The total number of dwelling units in a PUD project shall not
exceed the number of dwelling units permitted in the underlying zoning
district. However, a variable density credit of up to 15% may be allowed
at the discretion of the Planning Commission and Township Board, based
upon a demonstration by the applicant of design excellence in the
PUD. Projects qualifying for a density credit shall include no less
than two of the following elements:
(a)
A high level of clustered development, where at least 20% of
the PUD is common usable open space.
(b)
Providing perimeter transition areas or greenbelts around all
sides of the development that are at least 100 feet in depth.
(c)
The proposed plan is designed to enhance surface water quality
and groundwater quality.
(d)
Provisions and design that preserve natural features.
(e)
Donation or contribution of land or amenities that represent
significant community benefit.
(f)
Other similar elements as determined by the Planning Commission
and Township Board.
(2)
The applicant shall be required to submit a conventional zoning
layout using the underlying zoning classification and demonstrating
a practical project for the subject parcel applying all Township regulations.
(3)
In the case where the applicant proceeds in phases and develops
only a portion of the total proposed development at one time, each
phase shall consist of land use(s) planned and developed in such a
way so that the average density of all completed phases shall not
exceed, on a cumulative basis, the maximum average density allowed
for the entire development. This may be accomplished through the utilization
of conservation easements, or other lawful means, which would allow
more dense development in an earlier phase, while ensuring appropriate
overall density.
B.
Mixed-use project density. For PUD projects which contain a residential
component, the Township shall make a determination as to appropriate
residential density based upon existing and planned residential densities
in the surrounding area, the availability of utilities and service
and the natural features and resource of the subject parcel.
C.
Nonresidential component. A PUD with a gross area of 10 acres or
more may incorporate a nonresidential component into an exclusively
residential development (based upon the existing zoning), provided
that all of the following are met:
(1)
The nonresidential component shall be located on a lot of sufficient
size to contain all such structures, parking, and landscape buffering.
The total area occupied by the nonresidential land uses may not exceed
5% of the gross area of the development, or five acres, whichever
is less.
(2)
All nonresidential uses shall be compatible with the residential
area.
(3)
The Planning Commission finds that the architectural design
of the structures is compatible with the balance of the development.
(4)
All nonresidential structures are connected to a pedestrian
access system servicing the project.
(5)
All parking and loading areas serving the nonresidential uses
shall be to the rear or side of the structure and fully screened from
view of any public roadway, except that the Planning Commission may
allow up to 25% of the minimum number of required parking spaces in
the front yard. Where the parking lot is visible from residential
units or open space, it shall be planted with a landscape buffer consisting
of evergreen trees spaced no more than 10 feet on center.
A.
Open space preservation.
(1)
When completed, the PUD shall have significant areas, but not
less than 20% of total land area, devoted to open space, which shall
remain in a natural state and/or be restricted for use for active
and/or passive outdoor recreational purposes. Priority shall be on
preserving the most important natural features on the site, as identified
by a site analysis. The amount of open space, including the area and
percentage of the site, shall be specified on the site plan.
(2)
In addition to preservation of the most important natural features,
additional open space shall be, where possible, located and designed
to achieve the following: provide areas for active recreation, provide
areas for informal recreation and pathways that connect into adjacent
open space, parks, bike paths or pedestrian paths, provide natural
greenbelts along roadways to preserve the rural character as viewed
from the roads, and to preserve a buffer from adjacent land uses where
appropriate. Nonresidential and/or mixed-use projects shall contribute
to the enhancement of community and public spaces by providing at
least two of the following: patio/seating area, pedestrian plaza with
benches, transportation center, window shopping walkway, outdoor playground
area, kiosk area, water feature, clock tower or other such deliberately
shaped area and/or focal feature or amenity that, in the judgment
of the Township, adequately enhances such community and public spaces.
Any such areas shall have direct access to the public sidewalk network,
and such features shall not be constructed of materials that are inferior
to the principal materials of the building and landscape.
(3)
Areas not considered open space. The following land areas are
not considered as open space for the purposes of this article:
(a)
The area within a public street right-of-way or private road
access easements or other easements that include roads, drives or
overhead utility lines.
(b)
The area located below the ordinary high-water mark of an inland
lake, river or stream, or any pond with standing water year round.
(c)
The area within any man-made stormwater detention or retention
pond.
(d)
The required yard (setbacks) area around buildings which are
not located on an individual lot or condominium site.
(4)
Maintenance.
(a)
No PUD shall be approved by the Township Board until documents
pertaining to maintenance and preservation of common natural open
space areas, common landscaped areas and common recreational facilities
located within the development plan have been reviewed by the Township
Attorney and approved by the Township Supervisor.
(b)
For nonresidential portions of a PUD, the maintenance and preservation
shall pertain to all landscaped areas and recreational facilities
not enclosed within a building. For residential portions, maintenance
shall apply to the open space, landscaped areas, and recreational
facilities owned by or used in common by the residents.
(c)
The Township shall be identified as having the right to enforce
the conditions, covenants and restrictions placed on the open space,
unless otherwise directed by the Township Board or Township Attorney,
with the documentation utilized for such purpose to be in a form approved
by the Township Attorney. Any costs associated with Township enforcement
can be assessed to the property owner.
B.
Buffering from adjacent property.
(1)
There shall be a perimeter setback and buffering, of up to 100
feet, taking into consideration the use or uses in and adjacent to
the development. The setback distance shall be determined in the sole
discretion of the Township Board, considering the recommendations
of the Planning Commission, and need not be uniform at all points
on the perimeter of the development. The Township Board may reduce
the perimeter setback and buffering in cases where the density of
the proposed use is compatible with adjacent uses and/or natural features,
including but not limited to woodlands and topographical features,
provide adequate buffering to protect adjacent uses.
(2)
If natural features, including but not limited to woodlands
and topographical features, do not provide adequate buffering from
adjacent property, the perimeter setback shall include noise reduction
and visual screening mechanisms, including but not limited to landscaping,
berms and/or decorative walls.
C.
Vehicular and pedestrian circulation.
(1)
Vehicular circulation shall be designed in a manner which provides
safe and convenient access to all portions of the site, promotes safety,
contributes to coherence of site design, and adapts to site topography.
(2)
Physical design techniques known as "traffic calming" are encouraged.
These techniques are intended to alter driver behavior to reduce speed
and cut-through traffic, improve vehicular safety, and improve conditions
for nonmotorized traffic.
(3)
Walkways shall be provided in a manner which promotes pedestrian
safety and circulation. Walkways shall be separated from vehicular
traffic except where roadway crossings are necessary. The plan shall
provide pedestrian/bicycle access to, between or through all open
space areas, and to appropriate off-site amenities, and located in
accordance with the environmental inventory of the site. Informal
trails may be constructed of gravel, wood chip or other similar material,
but the Township Board may require construction of a pathway of up
to eight feet in width and constructed of concrete or asphalt through
portions of the development or along any public right-of-way abutting
the development.
(4)
Locations for school bus stops shall also be provided on the
site plan.
D.
Utilities. There shall be underground installation of utilities,
including electricity and telephone, as found necessary by the Township.
E.
Stormwater drainage/erosion control. All stormwater drainage and
erosion control plans shall meet the standards adopted by the Township
for design and construction and shall, to the maximum extent feasible,
utilize nonstructural control techniques, including but not limited
to:
A.
Effects. The granting of a PUD application shall require an amendment
of the Zoning Ordinance and the Zoning Map constituting a part of
this chapter. An approval granted under this article, including all
aspects of the final PUD plan and conditions imposed, shall constitute
an inseparable part of the Zoning Ordinance.
B.
Preapplication conference.
(1)
Prior to the submission of an application for PUD, the applicant
shall meet with Zoning Administrator and such consultants or staff
as deemed appropriate. The applicant shall present at such conference,
or conferences, a sketch plan of the PUD and the following information:
(a)
A legal description of the property in question;
(b)
The total number of acres to be included in the project;
(c)
A statement of the approximate number of residential units and/or
the approximate number, type, and square footage of nonresidential
units;
(d)
The approximate number of acres to be occupied and/or devoted
to or by each type of use;
(e)
Departures from the regulations of the ordinance which may be
requested;
(f)
The number of acres to be preserved as open space or recreation
space; and
(g)
All known natural resources and natural features.
(2)
The applicant shall present the sketch plan or a modified sketch
plan to the Planning Commission for information purposes. This shall
be done prior to submitting the preliminary PUD plan.
C.
Preliminary PUD plan application submission and content. Following
the above conference or conferences, copies of the application for
preliminary PUD plan shall be submitted. The submission shall be made
to the Zoning Administrator. The plan shall be accompanied by an application
form and fee as determined by the Township Board. The preliminary
PUD plan shall contain the following information unless specifically
waived by the Zoning Administrator:
(1)
Date, North arrow, and scale which shall not be more than one
inch equals 100 feet.
(2)
Locational sketch of site in relation to surrounding area.
(3)
Legal description of property, including common street address
and tax identification number.
(4)
Size of parcel.
(5)
All lot or property lines with dimensions.
(6)
General location of all buildings within 100 feet of the property
lines.
(7)
General location and size of all existing structures on the
site.
(8)
General location and size of all proposed structures on the
site. The general size of all buildings shall be within 5,000 square
feet or 5%, whatever is smaller of whatever is constructed.
(9)
General location and dimensions of all existing and proposed
streets, driveways, parking areas, including total number of spaces
and typical dimensions.
(10)
General size and location of all areas devoted to green space.
(11)
Location of existing vegetation and general location and size
of proposed landscaped areas and buffer strips.
(12)
All areas within the one-hundred-year floodplain, wetland areas
or bodies of water.
(13)
Existing topographical contours at a minimum of two-foot intervals
and/or spot elevations which illustrate drainage patterns.
(14)
A narrative describing:
(a)
The nature of the project, projected phases and timetable.
(b)
The proposed density, number, and types of dwelling units if
a residential PUD.
(c)
A statement describing how the proposed project meets the objectives
of the PUD.
(d)
A statement from a registered professional engineer describing
how the proposed project will be served by public water, sanitary
sewer, and storm drainage.
(e)
Proof of ownership or legal interest in property.
(15)
All information contained in § 530-13C(1)(a).
D.
Public hearing for Planning Commission. Prior to setting the public
hearing, the applicant shall submit all required and requested information
to the Township. A public hearing and provide for notice in accordance
with MCLA § 125.3103 et seq.
E.
Planning Commission review and recommendation for preliminary PUD plan. The Planning Commission shall review the preliminary PUD plan according to the provisions of §§ 530-124 through 530-127 herein. Following the public hearing, the Planning Commission shall recommend to the Township Board either approval, denial, or approval with conditions. In making its recommendation, the Planning Commission shall find that the proposed PUD meets the intent of the PUD district and the following standards:
(1)
Approval of the preliminary PUD plan will result in a recognizable
and substantial benefit to the ultimate users of the project and to
the community where such benefit would otherwise be unfeasible or
unlikely to be achieved.
(2)
In relation to underlying zoning, the proposed type and density
of use shall not result in a material increase in the need for public
services, facilities, and utilities, and shall not place a material
burden upon the subject or surrounding land or property owners and
occupants or the natural environment.
(3)
The proposed development shall be compatible with the Master
Plan of the Township and shall be consistent with the intent and spirit
of this article.
(4)
The PUD shall not change the essential character of the surrounding
area.
(5)
The proposed PUD shall be under single ownership or control
such that there is a single person or entity having responsibility
for completing the project in conformity with this chapter. This provision
shall not prohibit a transfer of ownership or control upon due notice
to the Zoning Administrator.
F.
Township Board review and determination for preliminary PUD plan.
After receiving the recommendation of the Planning Commission, the
Township Board shall approve, deny, or approve with conditions the
preliminary PUD plan in accordance with the standards for approval
and conditions for a PUD as contained herein.
G.
Effect of approval of preliminary PUD plan. Approval of the preliminary
PUD plan that is required to accompany a PUD application does not
constitute final PUD plan or rezoning approval, but only bestows the
right on the applicant to proceed to the final site plan stage. The
application for final PUD consideration shall be submitted within
12 months of receiving preliminary PUD approval or the application
shall be considered null and void.
H.
Contents of the final PUD plan. Following preliminary PUD plan approval,
copies of the application for final PUD plan shall be submitted. The
submission shall be made to the Zoning Administrator. The plan shall
be accompanied by an application form and fee as determined by the
Township Board. The final PUD plan shall contain the same information
required for the preliminary PUD plan along with the following information
and any information specifically requested by the Planning Commission
in its review of the preliminary PUD plan:
(1)
Location and size of all water, sanitary sewer, and storm sewer
lines serving the development.
(2)
Proposed grading plan.
(3)
Proposed landscaping including type, number and size of trees
and shrubs.
(4)
Location of signs and exterior lighting.
(5)
Location of sidewalk, foot paths, or other pedestrian walkways.
(6)
Distance of all buildings from lot lines, rights-of-way, and
other principal buildings.
(7)
Exterior architectural drawings noting building materials, height
and area of buildings and accessory structures.
(8)
Proposed phases of project and projected timetable.
(9)
All information contained in § 530-13C(2)(a).
I.
Planning Commission review and recommendation for final PUD plan and rezoning. After receiving approval of the preliminary PUD plan from the Township Board, the Planning Commission shall review the final PUD plan and rezoning application and shall recommend to the Township Board either approval, denial, or approval with conditions. In making its recommendation, the Planning Commission shall find that the proposed PUD still meets the intent of the PUD district along with all development standards outlined in §§ 530-124 through 530-127.
J.
Public hearing of Township Board. The Township Board shall hold a
public hearing and give notice in accordance with the Michigan Zoning
Enabling Act, P.A. 110 of 2006, MCLA § 125.3503 et seq.
K.
Township Board review and determination for final PUD plan and rezoning.
After receiving the recommendation of the Planning Commission and
considering the comments from the public hearing, the Township Board
shall prepare a report stating its conclusions, its decision, the
basis for its decision, and any conditions imposed on an affirmative
decision.
L.
Effect of approval for final PUD plan and rezoning. The final PUD
plan, the narrative and all conditions imposed, if any, shall constitute
the land use authorization for the property. All uses not specifically
specified in the final PUD plan are disallowed and not permitted on
the property, notwithstanding that the property is zoned PUD. All
improvements and uses shall be in conformity with this zoning amendment
to PUD. The applicant shall record an affidavit with the Wayne County
Register of Deeds, which shall contain the following:
(1)
Date of approval of the final PUD plan by the Township Board.
(2)
Legal description of the property.
(3)
Legal description of the required green space along with a plan
stating how this green space is to be maintained.
(4)
A statement that the property will be developed in accordance
with the approved final PUD plan and any conditions imposed by the
Township Board or Planning Commission unless an amendment thereto
is duly approved by the Township upon the request and/or approval
of the applicant or applicant's transferee's and/or assigns. This
statement shall also include the duration of approval and action for
noncompliance.
A.
Reasonable conditions may be required with the approval of a PUD,
to the extent authorized by law. Conditions may be included which
are deemed necessary to ensure that public services and facilities
affected by a proposed land use or activity will be capable of accommodating
increased service and facility loads caused by the land use or activity,
to protect the natural environment and conserving natural resources
and energy, to ensure compatibility with adjacent uses of land, and
to promote the use of land in a socially and economically desirable
manner.
B.
Conditions imposed shall meet the following requirements: be designed
to protect natural resources and the public health, safety, and welfare
of individuals in the project and those immediately adjacent, and
the community as a whole; reasonably related to the purposes affected
by the planned unit development; and, necessary to meet the intent
and purpose of this chapter, and be related to the objective of ensuring
compliance with the standards of this chapter. All conditions imposed
shall be made a part of the record of the approved planned unit development.
C.
Conditions imposed with respect to the approval of a land use or
activity shall be recorded in the record of the approval action and
remain unchanged except upon the mutual consent of the Township Board
and the landowner. The Township shall maintain a record of conditions
which are changed.
A.
Phasing. Where a project is proposed for construction in phases,
the planning and designing shall be such that, upon completion, each
phase shall be capable of standing on its own in terms of the presence
of services, facilities, and open space, and shall contain the necessary
components to ensure protection of natural resources and the health,
safety, and welfare of the users of the planned unit development and
the residents of the surrounding area. In addition, in developments
which include residential and nonresidential uses, the relative mix
of uses and the scheduled completion of construction for each phase
shall be disclosed and determined to be reasonable in the discretion
of the Township Board after recommendation from the Planning Commission.
B.
Commencement and completion of construction. Construction shall be
commenced within one year following final plan approval of a PUD and
shall proceed substantially in conformance with the schedule set forth
by the applicant, as approved by the Township. If construction is
not commenced within such time, any approval of a PUD plan shall expire
and be null and void; provided, an extension for a specified period
may be granted by the Township Board upon good cause shown if such
request is made to the Township Board prior to the expiration of the
initial period. Moreover, in the event a PUD plan has expired, the
Township Board, based on a recommendation from the Planning Commission,
shall be authorized to rezone the property in any reasonable manner,
and, if the property remains classified as PUD, a new application
shall be required, and shall be reviewed in light of then existing
and applicable law and ordinance provisions.
The Planning Commission may require a performance bond or similar guarantee in accordance with § 530-15 in order to ensure completion of the required improvements.
A.
Minor modifications. Minor changes to a final PUD plan may be approved
by mutual agreement of the applicants or successors in interest and
the Planning Commission, provided the changes comply with all applicable
requirements of this Zoning Ordinance and all other Township regulations
or state law. Minor changes include all matters that were approved
by the Planning Commission in the final PUD plan that were not part
of the preliminary PUD plan, that the location of structures, roads,
parking areas, signs, lighting, and driveways may be moved, provided
that they are in the same general location as approved in the preliminary
site development plan as determined by the Planning Commission, and
building size that does not exceed 5,000 square feet or 5% of the
gross floor area, whichever is smaller. Reduction in project scope
shall also be considered a minor change.
B.
Major modification. A major change to an approved PUD shall comply
with the original approval procedures for a PUD. Major changes include
but are not limited to increase in density or number of dwelling units,
increase in land area or building size, except as noted above or addition
of other uses not authorized by the original PUD approval.
