A.
A Planned Unit Development District consists of an area of land that
is zoned, developed, operated and maintained as a single planned development
under the terms of a Township-approved plan and ordinance for residential,
commercial, recreational, industrial or mixed land uses, approved
in accordance with the procedures and standards of this article and
the requirements of the article pertaining to the applicable type
of planned unit development.
B.
A Planned Unit Development District is intended to foster more innovative
or creative land use and development than might otherwise be achieved
under the terms of the other available zone districts.
C.
Among the objectives of a Planned Unit Development District are the
following:
(1)
To encourage innovation and creativity in the planning, development
and use of land.
(2)
To encourage the use of lands in accordance with a plan which
is consistent with their general character and suitability.
(3)
To promote the preservation of natural resources and natural
features.
(4)
To encourage the efficient use of land by establishing economic
and convenient arrangements for buildings, streets, public services
and other land use features.
A.
A Planned Unit Development (PUD) shall consist of at least that number
of acres specified in the article in this chapter pertaining to the
applicable type of PUD.
B.
A PUD may be established only by the rezoning of lands from those
existing zoning districts specified in the respective article in this
chapter pertaining to the applicable type of PUD.
C.
The land uses permitted in a PUD shall be consistent with those proposed
for the land under the terms of the Township Master Plan.
D.
A PUD shall result in recognizable and substantial benefits to the
ultimate users and occupants of the PUD and the general public.
E.
A PUD shall comply with the minimum provisions of the existing zoning
district from which it is proposed to be rezoned, and other applicable
minimum provisions of this chapter, except as to such departures or
modifications therein as are approved in the PUD ordinance.
A.
Before submitting an application for PUD rezoning, an applicant is
encouraged to meet with the Zoning Administrator and other Township
planning and zoning representatives for the purpose of discussing
the proposed PUD, assessing the eligibility of the proposed development
as a PUD and to acquaint the applicant with Township PUD application
procedures.
B.
The expenses of the Township in connection with the preapplication
conference, including the cost of Township consultants, if any, shall
be included in Township expenses for which the applicant shall make
a deposit of funds into a zoning escrow account for reimbursement
of Township expenses in the consideration of the proposed PUD.
A.
An applicant shall apply for the rezoning of land to a PUD District
on a Township application form. The applicant shall pay the application
fee and shall deposit funds into a Township zoning escrow account
to reimburse the Township for its costs and expenses in considering
the application.
B.
With the application, the applicant shall submit a preliminary PUD plan. The plan shall include all of the required contents of a preliminary site plan as specified in § 450-22.06 of this chapter, except that the preliminary PUD plan shall also include the following:
(1)
The typical dimensions of all building and structure setbacks
and, as to nonresidential buildings, typical building separation distances.
(2)
Typical dimensions of street right-of-way widths and the widths
of pavement portions of streets, including a typical cross section
of private streets, if any.
(3)
Typical dimensions of an off-street parking space and maneuvering
aisles within parking lots or areas. Each parking space shall be shown
on the plan.
(4)
Typical dimensions of driveways, acceleration/deceleration lanes,
sidewalks and loading/unloading areas.
(5)
Parking space calculations, showing the required number of parking
spaces and the number of parking spaces being provided.
(6)
A separate landscape plan, showing locations of all landscaped
areas. Details on the type and size of plant materials may be deferred
to the final PUD plan.
(7)
Preliminary typical elevation views of buildings. Final elevation
views may be deferred to the final PUD plan.
(8)
The expected number of single-family detached dwellings, two-family
dwellings and multiple-family dwelling units, and the expected number
of multiple-family buildings. The final determination of the number
of each type of dwelling and/or dwelling unit may be deferred to the
final PUD plan.
(9)
The general location of the major components of the stormwater
drainage system, with sufficient detail to enable the Township Engineer
to determine preliminarily that stormwater drainage would be adequately
controlled and sufficiently detained or retained on the site. Detailed
stormwater volume calculations and detailed locations of catch basins
and similar operational elements of the system may be deferred to
the final PUD plan.
C.
The preliminary PUD plan shall be a specifically dimensioned drawing,
not merely in schematic form, depicting all matters required to be
included on a preliminary PUD plan.
D.
The application shall include a written statement describing the
following:
(1)
The principal aspects of the PUD.
(2)
Any proposed modifications of the minimum zoning ordinance provisions
that would otherwise apply.
(3)
The expected benefits of the PUD that would accrue to users,
occupants, and the public as a result of the development and use of
the PUD.
(4)
The anticipated impacts of the PUD, including the effects, if
any, on adjacent and nearby lands; bodies of water and groundwater;
public services; natural resources; the values of adjacent and nearby
lands; motor vehicle traffic; and other expected impacts.
E.
The application shall include such other information and detail determined
by the Zoning Administrator as relevant to Township consideration
of the PUD.
F.
The Zoning Administrator shall determine if the application is complete.
If it is not complete, the Administrator shall return the application
and other submitted materials to the applicant, together with a letter
stating the deficiencies and any additional requirements. Thereafter,
the applicant shall resubmit the application and supporting materials
with the necessary corrections or supplementation.
G.
When the Zoning Administrator has determined that the application
is complete, the Administrator shall forward the application, the
preliminary PUD plan and other supporting materials to the Planning
Commission.
A.
Planning Commission work session meeting. The Planning Commission
may convene a work session meeting with the applicant to review and
discuss the application, the proposed PUD plan and other aspects of
the proposal and applicable Township procedures.
B.
Other required information or studies. The Planning Commission may
require other information or studies, including but not limited to
the following:
(1)
A traffic impact study.
(2)
An environmental impact assessment.
(3)
A developmental impact statement, including assessment of potential
impacts noted by the Planning Commission, which may include those
involving public services and additional costs thereof; stormwater
drainage; affected natural resources; increase in local school system
population; and other matters which may be identified by the Planning
Commission.
C.
Comments by other agencies. The Planning Commission may require the
applicant to obtain and submit written statements or comments with
respect to the proposed PUD from, among others, the County Road Commission,
the County Drain Commissioner, the County Health Department, the Township
Fire Department, the local and intermediate school districts and the
state environmental agency.
D.
Neighborhood informational meeting. An applicant is encouraged to
convene, prior to the Planning Commission public hearing, an informational
meeting of persons residing in the area of the proposed PUD, for the
purpose of explaining the proposed development, inviting public comment
and otherwise providing information that may be of general or neighborhood
interest as to the proposed development.
E.
Public hearing. The Planning Commission shall schedule a public hearing
on the PUD application, including the PUD plan and the applicant's
request for the rezoning of the land to a PUD District in accordance
with the plan. Notice of the public hearing shall be given by publication
and by U.S. Mail in the manner and to the extent required by law and
this chapter for the rezoning of land.
F.
Recommendation to Township Board.
(1)
After the public hearing, either at the same meeting or at a
subsequent meeting, the Planning Commission shall recommend to the
Township Board approval of the preliminary PUD plan and rezoning to
the requested PUD district in accordance with the preliminary plan;
or the Commission shall recommend denial of the PUD and rezoning;
or recommend approval thereof with specified conditions.
(2)
A private road may be required to be extended to the adjacent
property line of a planned unit development (PUD), by recommendation
of the Planning Commission and approval by the Township Board in accordance
with the following criteria and requirements:
(a)
The private road extension is necessary to provide a secondary
means of access for emergency vehicles.
(b)
The private road extension is a logical means to achieve the
safe and efficient movement of vehicles and pedestrians between residential
areas and to reduce the number of vehicle trips which would otherwise
use the public street system to access adjoining residential areas.
(c)
The private road extension would not result in future vehicle
traffic from off-site creating unsafe situations for the residents
of the PUD.
(d)
If such a private road connection is required, the applicant
shall construct the private road to the adjacent property line at
the time the remainder of the private road within the PUD is built;
provided, however, that the PUD ordinance may provide that, as a condition
of deferring the construction of the private road connection, the
applicant shall prepare and record a restrictive covenant whereby
the applicant shall be required to construct the private road connection
at such time as the Township requires the same, on the basis of pending
or potential development of the adjacent property. The restrictive
covenant shall be subject to the approval of the Township Attorney
prior to recording and it shall run with the land so as to obligate
all subsequent property owners, including a condominium association,
if any.
(e)
Upon completion of the private road connection to the adjacent
property, and the continuance of the private road on the adjacent
property, the private road on both sides of the PUD property line
shall remain fully open at all times for the uninterrupted travel
of persons and vehicles, save only for necessary road repair or emergency
circumstances.
(3)
In making its recommendation, the Planning Commission shall determine whether the proposed PUD complies with the standards for PUD approval stated in § 450-14.05G(4).
G.
Township Board proceedings. Upon receiving the Planning Commission
recommendation and the preliminary PUD plan, the Township Board shall
review the preliminary plan, the minutes of Planning Commission proceedings,
other written or graphic material included in the record of the Planning
Commission proceedings, and the Commission's recommendation.
(1)
The Township Board shall convene a public hearing on the preliminary
PUD plan and the proposed ordinance to rezone the land to the requested
PUD district.
(2)
Notice of the Township Board public hearing shall be given by
publication of a notice in a local newspaper of general circulation
in the Township, stating the date, time, place and purpose of the
public hearing. Public notice shall also be given by the mailing of
the same or a similar notice by first-class U. S. Mail to the owners
of all lands within 300 feet of the lands proposed for PUD rezoning,
as the names and addresses of such owners are shown in the current
Township property tax assessment roll, as supplemented by any recent
changes. The notices shall be published and mailed at least 15 days
prior to the date of the public hearing.
(3)
Following the public hearing, the Township Board shall approve,
deny or approve with conditions the preliminary development plan and
the ordinance rezoning the land to the requested PUD district.
(4)
In making a decision on the PUD plan and the application for
PUD rezoning, the Township Board shall determine whether the PUD plan
and the proposed rezoning comply with the following standards and
requirements:
(a)
The PUD would result in recognizable and substantial benefits
to the ultimate users and occupants of the PUD and to the public,
which would not otherwise be achievable under a conventional zoning
district.
(b)
The PUD would not result in a significant increase in the need
for public services and facilities, unless the costs of any such increase
are adequately provided for.
(c)
The PUD would not place a significant burden upon adjacent or
nearby lands or the natural environment, unless any resulting adverse
effects are mitigated by features of the PUD as approved.
(d)
The PUD would be consistent with the Township Master Plan and
consistent with the intent and purposes of this chapter and the PUD
article applicable to the type of PUD under consideration.
(e)
The PUD would not result in significant adverse effects on adjacent
or nearby lands and would not change the essential character of the
surrounding area.
(f)
The PUD would be consistent with the public health, safety and
general welfare of the Township.
H.
Final PUD plan.
(1)
Not later than one year after the Township Board's approval of the preliminary PUD plan and adoption of the PUD ordinance, the applicant shall submit a final PUD plan to the Zoning Administrator, in accordance with the requirements for final site plan review as stated in § 450-22.06 of this chapter. If the Zoning Administrator determines that the plan is complete, copies thereof shall be forwarded to the Planning Commission for review and consideration.
(2)
Upon request of the applicant in writing, the Planning Commission
may grant one extension of the required one-year period for submission
of the final PUD plan, up to one additional year. The application
for such extension shall be submitted not later than the expiration
of the original one-year period for submittal. If the final PUD plan
and an application for its approval have not been submitted prior
to the expiration of the original one year or a permitted extension
thereof, the preliminary PUD plan shall then be void and no longer
effective. In that event, the Planning Commission or Township Board
may initiate rezoning of the land to another zoning district.
(3)
The Planning Commission shall review the final development plan
at a public meeting of the Commission.
(a)
The Commission shall determine whether the final PUD plan substantially conforms with the preliminary PUD plan and the terms and conditions included in the PUD ordinance. If the Commission so determines, the Commission shall review the final plan in accordance with the standards for final site plan review, as stated in § 450-22.08, and the standards for PUD approval, as stated in § 450-14.05G(4).
(b)
If the Planning Commission determines that the final PUD plan is not in substantial conformance with the preliminary PUD plan, the Commission shall review the plan as if it were a preliminary development plan, in accordance with §§ 450-22.06 and 450-14.04B; proceedings thereafter shall proceed as provided herein for consideration and approval of an originally submitted preliminary PUD Plan.
(c)
The Planning Commission shall approve, deny or approve with
conditions the final PUD plan; all such conditions, if any, shall
be conditions in addition to those included in the PUD ordinance.
A.
The minimum requirements of the existing zoning district from which
lands are rezoned to a PUD may be modified in the approval of a PUD.
Such minimum provisions which may be modified include, but are not
limited to, all of the minimum provisions of the existing zoning district
and, in addition, the otherwise applicable provisions on off-street
motor vehicle parking, signage, outdoor lighting, maximum lot coverage
and otherwise applicable minimum provisions.
B.
Such modifications may be permitted if they would result in a higher
quality of development or in more successful integration of the proposed
land uses with surrounding land uses.
In approving a PUD, the Planning Commission and Township Board may require a reasonable performance guarantee, in accordance with § 450-32.07 of this chapter, to ensure completion of specified improvements within the PUD.
A.
A PUD shall be under construction not later than one year after the
approval of the final PUD plan by the Planning Commission.
B.
If a PUD is not under construction within one year after approval
of the final PUD plan, the applicant may apply, in writing, to the
Planning Commission for an extension of time. The application shall
be submitted not later than one year after the date of approval of
the final PUD plan; provided, however, that if the application is
not timely submitted, the Planning Commission in its sole discretion
may nevertheless consider the application, though it is not required
to do so.
C.
The duration of any such extension shall be as determined by the
Planning Commission. Subsequent extensions may be granted by the Commission
in its discretion.
D.
An application for such extensions of time for construction shall
include reasonable evidence, in writing, to the effect that unforeseen
difficulties or special circumstances have arisen, thereby causing
delay in the commencement of construction.
E.
If the PUD is not under construction within one year after the date
of approval of the final PUD plan, or if it is not under construction
within the period of any approved extension of time, then the approved
final PUD plan shall be void and of no further effect as of the end
of one year following the date of approval of the final PUD plan or
as of the end of any approved extension of time. In that event, any
permits issued for construction for or within the PUD shall then be
of no further effect. Thereafter, the Township may initiate and complete
proceedings for the rezoning of the land to some other zoning district.
A.
Minor amendments. A proposed minor amendment in an approved PUD may
be approved by the Zoning Administrator (or by the Planning Commission,
if referred by the Zoning Administrator) if the amendment does not
substantially alter the basic design of the PUD or the terms and conditions
included in the PUD ordinance. Only the following types of amendments
are minor amendments:
(1)
Reduction of the size of any building, structure or sign.
(2)
An increase of not more than 5% in the size of a principal or
accessory building.
(3)
An increase of building or structure height by not more than
5%, if the resulting height is not greater than the maximum height
otherwise permitted in the zoning ordinance.
(4)
An adjustment in a building footprint that does not substantially
alter a building setback or separation distance that was imposed in
the PUD ordinance.
(5)
An increase in the areas designated on the final PUD plan as
undeveloped open space or nondisturbed areas.
(6)
The replacement of plant or landscape materials specified in
the approved PUD plan if such materials are reasonably similar in
type to those originally approved.
(7)
Changes in interior building floor plans which do not alter
the type or character of the use of the building.
(8)
Changes in exterior building materials to those of a higher
quality.
(9)
Minor alterations in vehicle or pedestrian access routes or
circulation systems, including but not limited to the addition of
acceleration/deceleration lanes, boulevards, curbing, sidewalks or
nonmotorized paths.
(10)
Relocation of entrance or exit driveways for a distance of up
to 100 feet, if required by the County Road Commission or the Michigan
Department of Transportation, or if such relocation would result in
safer or more convenient ingress to or egress from the site and would
not result in adverse effects on the layout or use of the PUD.
(11)
Minor changes in the locations of approved signage.
(12)
Minor changes in the location and/or design of exterior light
fixtures.
(13)
The internal rearrangement of parking spaces in an off-street
parking area if the total number of parking spaces remains sufficient
and if no traffic circulation hazards or congestion would result.
(14)
A change in the name of the PUD or in the names of any of the
streets therein.
(15)
Changes required by the Township for public safety reasons.
(16)
Changes which will preserve the natural features within the
PUD without resulting in substantial adverse effects.
(17)
Other changes of a minor nature proposed to be made in the configuration,
design, layout, topography or features of the final PUD plan which
are determined by the Zoning Administrator to be not material or significant
in relation to the entire PUD and which the administrator determines
would not have a significant adverse effect on adjacent or nearby
lands or the public interest.
B.
Major amendments. Amendments other than those stated in Subsection A shall be major amendments. Consideration of major amendments shall be initiated by an application to amend the PUD. The consideration of and decision on major amendments shall be carried out in the same manner and with the same public notice as is required for an original application for a PUD.
The Zoning Board of Appeals shall have no jurisdiction or authority
to consider an appeal from any PUD determination or decision or any
part thereof, nor shall the Board of Appeals have authority to grant
variances for or with respect to a PUD or any part thereof.
