[Amended 12-15-2011; 4-19-2012; 6-16-2016]
The intent of this article is to provide alternative development
options, to produce development that is substantially consistent with
the standards of this chapter and the Master Plan while allowing flexibility
of land development regulations and innovative land use in terms of
variety, layout and product.
A.
Active adult community (AAC): a unified age-targeted residential
development option containing detached or duplex homes whose product
is targeted toward people over the age of 55, but not explicitly age-restricted;
due to smaller floor plans than a traditional home, the master bedroom
and primary living quarters are located on the first floor, and it
offers low-maintenance living with community amenities.
B.
Open space community (OSC): a unified residential development option
in which dwelling units are planned in a more-compact arrangement
than a conventional subdivision and the project is designed to preserve
natural features and provide open space/recreation areas.
C.
Mixed-use planned unit development (PUD): a unified mixed-use development
option consisting of uses contained in two or more zoning districts.
At least one of the uses shall be nonresidential.
To qualify for an AAC, OSC or PUD, all of the following conditions
must be met:
A.
The development shall result in a benefit to residents of the Township
or the users of the site which would not otherwise be available utilizing
the existing zoning classification.
B.
The development shall provide a land use or residential product that
is desired or not currently available in the Township.
C.
The site can be adequately served by public water, sanitary sewer
and storm sewer service.
D.
Open space shall be provided as a project or Township-wide benefit.
E.
Preservation of significant assets, such as wooded areas, regulated
trees, topography, view sheds, natural drainage, water bodies, floodplains
or wetlands, that might otherwise be negatively impacted if the site
was developed utilizing conventional zoning.
F.
A continuous pedestrian circulation system that links all areas of
the development and the development to other destinations in the surrounding
area.
G.
Compatibility with adjacent land uses.
H.
The development does not result in a significant increased demand
on public facilities or services, such as police and fire, schools,
recreation, traffic operations and utilities, beyond the expected
impacts associated with development permitted by the underlying zoning
classification, unless such impacts are mitigated.
A.
To encourage flexibility and creativity consistent with the intent
of this article, the Township may permit specific departures from
the design and supplemental standards when the deviation will result
in a more-creative or -desirable layout than would be possible using
the standards contained herein.
B.
The width of the greenbelt along perimeter roads shall be an average
of 50 feet wide, minimum 35 feet.
C.
Improvements to existing streets may be required to mitigate the impacts of the project traffic, based on the traffic impact study required per Article 32, Impact Assessment.
D.
All utility services shall be underground.
E.
The development shall contain high-quality design and cohesion in
terms of building facades, building materials, landscape treatments,
screening and signage.
F.
A buffer shall be provided when a project abuts a single-family residential
district/use or any other location where the Township determines that
a buffer will reduce impacts to adjacent properties. The buffer shall
consist of one or more of the following conditions:
G.
Architectural design.
(1)
Buildings shall be harmonious with adjacent uses in terms of
texture, materials, rooflines, scale and massing.
(2)
Unifying design elements, such as accents, style, color and/or
materials, shall be provided for each use within the project.
(3)
For nonresidential buildings, the primary material shall be
brick or stone. Metal roof systems may be permitted when it is determined
by the Township that they are appropriate in character and context
of the proposed development and adjacent uses.
(4)
For residential buildings, materials shall be high quality and
appropriate in character and context of the proposed development and
adjacent residential communities. Primary materials shall include
natural brick, stone, wood lap or shingle siding with architectural
shingles or metal roof systems. Alternate materials of a composite
or synthetic nature emulating the materials above, excluding vinyl
or metal lap siding or trim, may be accepted by the Township.
H.
Residential units.
(1)
At least 80% of detached residential units, and 50% of attached
residential units, shall have side-entry, rear-entry or detached garages.
(2)
Attached front-facing garages shall incorporate design elements
that diminish the appearance of the garage.
(3)
Attached front-facing garages shall be recessed a minimum of
five feet behind the front building line and be limited in width to
two vehicles per unit.
(4)
Building elevations, colors, materials and setbacks shall be
varied. Identical or similar elevations, in terms of building mass
and form, may not be repeated more frequently than every sixth house
along the same side of any street.
I.
Density.
(1)
A density bonus up to 10% may be awarded for residential developments
that provide one or more of the following. The amount of density bonus
shall be determined by the Township based on the extent to which the
project provides the following elements:
(a)
The amount of open space and depth of the greenbelt exceeds
minimum Township standards and the additional open space or greenbelt
is a benefit to the development or the Township.
(b)
Usable land is dedicated to the Township. The land shall fulfill
a demonstrated need, provide a connection to a Township park or open
space, have historic value or exhibit other beneficial qualities as
determined by the Township. The land to be donated must be free of
environmental hazards and liens and configured to accommodate the
types of uses anticipated by the Township. A survey of the property
and title insurance shall be provided to the Township.
(c)
The development will provide a range of housing opportunities
through varied housing types, dwelling sizes and lot sizes within
a single neighborhood.
(d)
The neighborhood shall be designed to create clusters of housing,
synergy and promote interaction.
(e)
Existing buildings that are of historic significance are retained
and rehabilitated for adaptive reuse. Provisions for ongoing maintenance
must be included in the development agreement.
J.
Open space.
(1)
Open space shall be designed to achieve the following, as applicable
on a site-by-site basis:
(a)
Organized around the site's most important natural features,
a physical design element or to link existing and planned open spaces.
(b)
Provide pedestrian pathways within the open spaces and link
with adjacent open spaces, public parks, Township facilities or existing
and planned nonmotorized routes.
(c)
Provide areas for active public recreation, informal spontaneous
recreation or passive recreation amenities for the benefit of residents
or users of the development.
(d)
Preserve or create a buffer from adjacent land uses.
(e)
Be highly visible within the development and/or from public
view.
(2)
Open space standards.
(a)
A minimum of 20% of the site's gross area shall be dedicated
to common open space, except duplex and multiple-family residential
products shall require a minimum of 25% open space.
(b)
A golf course, including its stormwater facilities, shall not
account for more than 50% of the required open space.
(c)
Lakes, streams, detention ponds, other surface water bodies
or wetlands regulated by the Michigan Department of Environmental
Quality shall not account for more than 25% of required open space.
(d)
At least 50% of the open space must be usable, exclusive of
permitted water bodies, stormwater facilities or other required site
plan elements.
(e)
Additional greenbelt width may be credited towards the open
space standards.
(f)
The following shall not count as required open space:
[1]
Areas within an existing or future public street
right-of-way, private road easements or overhead utility lines.
[2]
Required setbacks or spacing between buildings.
[3]
Parking and loading areas, except those associated
with a recreation facility or common open space.
[4]
Other undeveloped areas not specifically addressed
in this article but which do not fulfill the intent of open space
as determined by the Township.
(3)
Protection of open space. The dedicated open space shall be
set aside by the developer through an irrevocable conveyance and protected
by a maintenance agreement, in a form and manner acceptable to the
Township. Such conveyance shall assure the open space will be protected
and used as intended on the concept plan. Said documents shall bind
all successors and future owners in fee title to commitments made
as part of the proposal but shall allow transfer of ownership and
control to a subdivision or condominium association consisting of
residents within the development, provided notice of such transfer
is provided to the Township. Such conveyance shall indicate the allowable
use(s) within the dedicated open space. Upon transfer to a successor
of the developer, the open space shall be maintained by the property
owners' association or condominium association. The Township may require
the inclusion of open space restrictions to prohibit activities such
as the following:
(a)
Dumping or storing of any material or refuse.
(b)
Activity that may cause risk of soil erosion or threaten plant
material.
(c)
Cutting or removal of plant material, except for removal of
dying or diseased vegetation.
(d)
Use of motorized off-road vehicles.
(e)
Cutting, filling or removal of vegetation from wetland areas.
(f)
Use of pesticides, herbicides or fertilizers within or adjacent
to wetlands.
B.
Design and dimensional standards.
(2)
Detached single-family.
(a)
If there is an attached front-facing garage, it shall be set
back a minimum of 25 feet from the sidewalk or curb (in the absence
of a sidewalk).
(b)
The front plane of the building, excluding a front-facing garage,
may be set back a minimum of 20 feet from the sidewalk or curb (in
the absence of a sidewalk).
(c)
Minimum 20 feet between units.
(d)
Minimum 50 feet side yard to rear yard.
(e)
Minimum 70 feet rear yard to rear yard.
(f)
Decks and patios may encroach 12 feet into required spacing
between units, when located on the back of the building.
(3)
Duplexes.
(a)
If there is an attached front-facing garage, it shall be set
back a minimum of 35 feet from the sidewalk or curb (in the absence
of a sidewalk).
(b)
The front plane of the building, excluding a front-facing garage,
may be set back a minimum of 30 feet from the sidewalk or curb (in
the absence of a sidewalk).
(c)
Minimum 25 feet between units, average of 30 feet.
(d)
Minimum 50 feet side yard to rear yard.
(e)
Minimum 70 feet rear yard to rear yard.
(f)
Decks and patios may encroach 12 feet into required spacing
between units, when located on the back of the building.
(4)
Additional setbacks may be required for larger product types.
(5)
Units located on a corner shall provide an additional five-foot
setback on the side that does not contain a driveway.
(6)
A fifty-foot setback is required from all perimeter property
lines.
(7)
Front porches shall be a minimum of five feet deep. The size
of front porches shall be large enough to be more functional than
decorative.
(8)
Decks or patios are not permitted to encroach into a front or
side yard setback.
A.
If a density bonus is authorized pursuant to § 170-20.4I, single-family lots in the R-2 and R-3 Zoning Districts may be reduced to the following dimensional standards:
B.
In addition to the uses permitted in the underlying single-family
residential zoning district, residential uses identified in the Multiple-Family
and Senior Housing Districts may be permitted by the Township, provided
the following standards are met:
(1)
Up to 20% of the total number of units may be attached.
(2)
Attached units shall be located on the interior of the site,
or a transitional use adjacent to a non-single-family use.
(4)
Attached units may include up to four-unit buildings, provided
four-unit buildings shall not comprise more than 50% of the total
attached units.
(5)
Attached units shall be set back a minimum of 50 feet from single-family
lot lines and 75 feet from a single-family building.
A.
The project shall contain a use from the existing zoning classification,
or other zoning district authorized by the Township as being consistent
with the intent of this article, and at least one other zoning district.
Uses found exclusively in the Consumer Industrial and Industrial Zoning
Districts shall not be eligible for a PUD.
A.
Submittal requirements:
(2)
A table identifying any deviations from ordinance standards.
(3)
A conventional alternative plan, for residential projects requesting
a density bonus.
(4)
Impact assessment and traffic impact study.
(5)
A site analysis map illustrating the following:
(a)
Vegetation and regulated trees.
(b)
Wetlands, water bodies, drainage patterns.
(c)
Other natural features.
(d)
Overhead utility lines.
(e)
Driveways and intersections within 250 feet of the site (on
both sides of the street).
(f)
Existing buildings and structures.
(g)
Existing easements and rights-of-way.
(h)
Adjacent land uses.
(6)
A concept plan drawn illustrating the following features:
(7)
The Township may request the applicant prepare a market study
or fiscal impact analysis to demonstrate support for one or more of
the proposed uses or evaluate the financial impact on the Township.
(8)
A draft development agreement, including the following:
(a)
A survey of the project area and the recommended concept plan.
(b)
The ownership of the developed land.
(c)
Approved deviations from this chapter.
(d)
Responsibility and timing of public improvements.
(e)
Building design guidelines.
(f)
Methods for preservation and maintenance of open space.
(g)
Addresses other design and operational issues.
(h)
A phasing plan. For mixed-use projects, residential components
shall be constructed before nonresidential uses.
B.
Review procedure.
(1)
The approval process for an AAC, OSC and PUD is summarized below.
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(2)
The applicant, or designated agent, must be present at all scheduled
meetings.
(3)
Upon verification by the Township that all required documents
have been provided, the application will be reviewed and placed on
the next scheduled Planning Commission agenda.
(4)
The Planning Commission conducts a public hearing.
(5)
Following the public hearing, the Planning Commission shall
make a recommendation to the Township Board based on the following
factors:
(a)
The proposal meets the criteria established for rezoning to
AAC, OSC, or PUD District.
(b)
The proposal promotes the Township's land use goals and objectives.
(c)
All applicable provisions of this article and this chapter are
met.
(d)
Adequate facilities, or improvements, are available to accommodate
impacts, utilities and traffic generated by the proposed project.
(e)
The proposal provides a better development option than if the
property were to be developed under the current zoning classification.
(f)
The proposed development will not adversely affect the public
health, safety and welfare.
(6)
Conditions or modifications recommended by the Planning Commission
shall be submitted for Township review prior to placement on the Township
Board agenda.
(7)
The Township Board shall review all findings and approve, approve
with conditions or deny the request.
(8)
In addition to the concept plan, a final development agreement
is required. Approval of the agreement can occur simultaneously with
the concept plan or follow it. The development agreement shall be
reviewed by the Planning Commission, who shall make a recommendation
to the Township Board.
(9)
The applicant is responsible for recording the development agreement
at the Wayne County Register of Deeds. A recorded copy of the development
agreement must be provided to the Township prior to final site plan
or plat approval.
C.
AAC, OSC and PUD concept plan.
(1)
The project shall be governed by the regulations specified in
the development agreement. Regulations not specifically addressed
in the agreement shall be governed by the current Zoning Ordinance
and building codes.
(2)
Construction must begin within two years of the date approved
by the Township Board.
(3)
The applicant may request a one-year extension, provided the
request is made in writing at least 60 days prior to the expiration.
Additional extensions beyond the first approved extension shall be
approved where the Township finds there are extenuating circumstances
that have prevented progress in development. The applicant shall be
responsible for providing information to support the request for an
extension. The extension may be approved by the Township Board based
on the following criteria:
(a)
Substantial progress has been made or the developer can document
good cause why such progress has not been made.
(b)
Demands on public infrastructure, roadway level of service,
public facilities and services have not changed, or the applicant
has agreed to mitigate an increased level of demand to offset the
impacts of the project.
(c)
The project complies with the current ordinance standards or
the applicant has agreed to revise the plan or development agreement
to comply with the current ordinance standards.
(4)
If the approved concept plan expires, the applicant shall resubmit
a concept plan for approval in accordance with the procedures herein
and the standards that apply at the time of the new submittal.
D.
Site plans or subdivision plans.
E.
An AAC, OSC or PUD zoning classification may be initiated by the
Township and include a conceptual land use plan and supporting text.
For Township-initiated zoning classifications, preliminary and final
plans prepared by the applicant shall substantially conform to the
intent of the approved conceptual land use plan adopted by the Township.
If the Planning Commission determines that a proposed AAC, OSC or
PUD concept plan is a significant departure from the concept plan
adopted by the Township, the applicant can request a modification
of the applicant's development plan that will better serve the Township's
needs. The request for a modification shall demonstrate that the modification
will not increase impact on schools, traffic, and other Township infrastructure.
F.
Modifications.
(1)
Approval of the concept plan and site plans confers upon the
Township the authority to approve certain minor deviations when an
applicant or landowner notifies the Planning Department, in writing,
and provides a site plan illustrating the proposed change(s).
(2)
Minor changes may be approved administratively. Major changes
or changes that may result in a material change shall be submitted
to the Planning Commission.
(3)
Minor modifications include, but are not limited to, the following:
(a)
Correcting errors in the development plan.
(b)
Changes to berms and landscaping, provided the original intent
is achieved.
(c)
Changes to site access, vehicular circulation or pedestrian
circulation, provided the original intent is achieved.
(d)
Up to a three-percent increase or decrease in the square footage
of residential buildings, provided the overall density does not increase
and the building(s) do not extend into any required setbacks.
(e)
Up to 3%, or 2,000 square feet, whichever is smaller, increase
or decrease in gross floor area of nonresidential buildings, provided
parking requirements are met and the building does not extend into
any required setbacks or open space.
(f)
Relocation of a building, provided it is does not encroach into
required setbacks and complies with other applicable standards.
(g)
Changes required or requested by the Township, county or state
for safety reasons.
(4)
Major modifications are more significant in nature than minor
modifications and include, but are not limited to, changes in use,
parking, access, open space, building height, density, setbacks and
building elevations and materials.
G.
Appeals, modifications and variances. Modifications to the amount of open space, setbacks, minimum lot area and other design and supplemental standards for an AAC, OSC or PUD are not subject to variance approval by the Zoning Board of Appeals; such modifications shall be processed as a major or minor change as described herein. As an exception, once a home has been occupied, an individual homeowner may request a dimensional variance from the Zoning Board of Appeals as outlined in Article 41, Zoning Board of Appeals, provided the common open space and other conditions of approval are not affected.
H.
Procedures for projects approved under former regulations. Several
projects have been approved based on standards and procedures that
were removed from the Zoning Ordinance: open space subdivision, cluster
housing option, planned residential unit development (PRUD), and Haggerty
Road Planned Unit Development (HPUD). Such developments shall be considered
conforming, provided such projects conform to the ordinance standards
in place at time of approval, comply with the site plan and any written
development agreement and the projects have either been completed
or work is diligently being carried on within the time limits stipulated
herein. Modifications to plans that were approved under prior regulations
shall be reviewed per the AAC, OSC or PUD procedures outlined in this
chapter.
