(A) Statement of purpose. The purpose of this section is to provide an optional mechanism for development of single-family residences, where permitted, which assists in meeting the following goals: maintaining the character of the area, maintaining an image of open space, permanently preserving open space and natural resources, protecting a portion of lands for agriculture and farming, and achieving a balance between farming, open space and residential growth.
(B) Eligibility under the Township Zoning Act (Public Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended). To utilize this development option, a site without public sewer service shall be located within a zoning district that has a one-half acre (21,280 square feet) or larger minimum lot size or a site with public sewer service shall be located within a zoning district that has a one-third acre (14,520 square feet) or larger minimum lot size. In the township, the Open Space Preservation Development (Residential Clustering) Option shall be a permitted use in the A/R, R-1C and R-2 Districts.
(C) Method of land division. Home sites may be developed under this option as a subdivision, a site condominium or land division.
(D) Open space retained. To the greatest extent possible, all the natural features of the property such as large trees, natural groves, wetlands, floodplains, watercourses, natural drains and stream channels and similar assets shall be preserved. Retained open space and other protected resource areas shall be reasonably contiguous (not fragmented).
(1) Primary Conservation Areas (PCA). This category consists of wetlands, lands that are generally inundated (under ponds, lakes, creeks and the like), land within the 100-year floodplain, and soils subject to slumping. The full area of these lands shall be preserved. Fifty percent of these (PCA) lands shall be subtracted from the parcel total acreage toward an “Adjusted Tract Acreage for Yield”. See division (E) below.
(2) Existing Permanent Easement Areas (EPEA). Land that would be required for street rights-of-way (a minimum 10% of the net tract area) and land under permanent easement (public and private) prohibiting future development (Co. drain easements, existing and planned public road ROWs, utility easements and the like) shall also be subtracted from the parcel total acreage toward an “Adjusted Tract Acreage for Yield”. See division (E) below.
(3) Secondary Conservation Areas (SCA). At least 50% of the remaining land (that full portion which is not a primary conservation area or an easement conservation area) shall be designated and permanently protected. Full density credit shall be allowed for land in this category that would otherwise be buildable under local, state and federal regulations, so that their development potential is not reduced by this designation. The density credit may be applied to other unconstrained parts of the site. This category typically includes all or part of the following kinds of resources: mature woodlands, significant wildlife habitat areas, prime farmland, historic, archaeological, scenic views into the site from public roads.
(4) All dedicated areas (under divisions (D)(1), (2) and (3) above) shall be outside the boundaries of the proposed lots.
(E) Density limit (yield plan). The permitted density may be modified if a density bonus(es) is approved by the Planning Commission as provided under division (F) below. The number of dwellings permitted to be constructed shall not exceed the number that would be permitted under conventional zoning regulations as determined by gross parcel area:
(1) Less 50% of the primary conservation areas (PCAs) as defined in the division (D)(1) above;
(2) Less land required for existing permanent easement areas (EPEAs) under division (D)(2) above; and/or
(3) Divided by the minimum lot area set forth in the schedule of regulations for the district involved. This produces the “yield plan” number of lots.
(F) Density bonus.
(1) General.
(a) To encourage developers to utilize this development option where a large amount of open space is permanently preserved instead of conventional forms of land division where little or no usable open space remains, the Planning Commission may permit the number of dwelling units to be increased by up to 30% depending upon the physical characteristics of the site and upon a determination by the Commission that the plan is well designed and that proposed development complies in all respects with the intent and purpose of this section, provided all other requirements of this section are met.
(b) Proceeds from the sale of bonus lots are to be used to provide a conservation endowment (50%) and to provide an incentive (50%) to the developer. Spending from this Conservation Endowment Fund shall be restricted to interest from the Fund and shall be used to offset continuing open space monitoring and maintenance costs.
(2) Public access.
(a) To encourage appropriate and desirable lands to be set aside for public access to a portion of the site, a bonus of one additional potential lot may be granted to the developer in exchange for a written and recorded easement to a unit of government for each two acres of public access land provided.
(b) Note: land for connecting public paths or trails and adjoining buffer areas are one type of public access that may be desired.
(c) Public access to or along water bodies may be desired. Historic, archaeological or cultural features, rare or unusual plants, or habitats are examples of other potential candidate resources for public access.
(d) Fifty percent of the proceeds from the sale of the bonus lot(s) shall be set aside for a public access endowment. The interest from the endowment shall be used to cover the additional public liability insurance requirements and cover other protection, maintenance and inspection costs.
(3) Conservation endowment and public access endowment payments. To ensure preservation and payment of bonus proceeds, the developer shall make proportional payments out of all lot sales as follows. An average projected proceed value shall be established and then corrected based on actual sales after each subsequent one-quarter of the total lots are sold. The proportional payments shall be equal to the percentage of bonus lots to the total number of lots multiplied by the average lot sale proceeds (as projected and corrected) multiplied by 0.5. Each subsequent conservation endowment payment shall be adjusted to account for the corrected proceed average and to make additional payment (or receive credit) for past sale proceeds in accord with each new average.
(G) Minimum lot size. The conventional minimum lot area and width requirements set forth in the schedule of regulations shall not apply. The minimum lot area and width shall be large enough for anticipated rural or very low-density suburban household activities and shall also be determined by land area and distances required to comply with yard and setback requirements and County Health Department on-site sewage disposal and well requirements (including isolation distances and sufficient land area for replacement septic fields). See criteria in division (O) below.
(H) Method of preservation. The areas in open space, recreation, agriculture or commons shall be perpetually protected from development. The open space shall be preserved using one or a combination of the following methods, subject to the review and approval of the Township Attorney and the Township Planning Commission.
(1) Home Owners Association (HOA). Title to the open space lands and other protected resource areas may be held by a homeowner’s association with required participation of all residents within the development. If an HOA is to hold title, a recognized independent conservation organization shall be granted a conservation easement(s) covering all land areas to be protected.
(2) Protective covenants. The covenants of the subdivision may include the preservation of lands within them. The exact locations of the open space and other protected resource areas shall be defined within this document. These covenants shall also state the types of uses that would be allowed in such open spaces and other protected areas. Covenants may be used with a homeowners association but a recognized independent conservation organization shall be granted a conservation easement(s) covering all land areas to be protected.
(3) Condominium Association. All elements that are reserved for open space and other protected resource areas shall be preserved as common elements as shown on the site plan, except those areas that may be dedicated to a unit of government. Any alteration to the open space and other protected areas under common element status shall require the submittal of a new site plan and approval by the appropriate bodies. If a condominium association is to hold title to any open space and/or other protected areas, a recognized independent conservation organization shall be granted a conservation easement(s) covering all land areas to be protected.
(4) Fee simple dedication to a unit of government. The open space lands are dedicated to a unit of government (township, village, city, school district, county, state or federal and the like). This dedication may have provisions within it that state that in no way shall the unit of government be obligated to any cost due to the acquisition, and that the municipality has ample access to all areas of the open space for adequate maintenance purposes should they ever be needed. There shall also be deed restrictions preventing the unit of government from selling the property or using it for development purposes. If dedication to the township or another governmental body is to be used, a recognized independent conservation organization shall be granted a conservation easement(s) covering all land areas to be protected.
(5) Conservation easements. The easement over the open space lands and other protected resource areas shall be held by a legal owner/holder, such as a conservation agency, and that owner shall have the right to enforce any aspect of the easement. The easement shall state the uses that are allowed within the open space areas and other protected resource areas and which uses are disallowed. The agreement shall be as specific as possible as to what is allowed and where it is allowed to take place. If the easement is granted to any party other than a recognized independent conservation organization, the easement shall be co-signed by a recognized independent conservation organization to ensure a check and balance system. Whichever organization holds the legal rights to the easement, they shall visit the site a minimum of once per year to inspect and record any violations that may be occurring within the open space areas and other protected resource areas and create and file a report of what is observed.
(6) Public trust. The open space lands and other protected resource areas may be dedicated to a public trust. This shall include the accompaniment of money with it to provide funds for the trust to conduct annual surveys on the land to turn into state agencies that may require these reports. The two entities shall enter into an agreement stating that the trust, whose only purpose is to protect open lands and other protected resource areas, shall protect these spaces of the development.
(7) Conveyance of any unused development rights. Any unused development rights of the subject property may be conveyed to a unit of government or a conservation agency while allowing present and future owners of the open space lands to continue to maintain farming activities or open lands for their own use, but permanently giving up the right to ever develop it.
(I) Frontage on internal road. All lots shall front only upon an approved public or private road that is internal to the development. No lots may be created that front upon existing public roads.
(J) Road standards. All internal public roads shall be designed and constructed to meet all requirements of the County Road Commission (SCCRC) and as may be set forth in the township’s subdivision regulations or the township’s site condominium requirements. All internal public roads shall be dedicated to the SCCRC, be accepted and be incorporated into the SCCRC road system. All internal private roads, shared driveways and driveways shall be designed and constructed to meet all requirements of §§ 156.01 through 156.10, and 156.99.
(K) Setbacks. Dwellings shall be located in compliance with all yard and setback requirements of the district in which they are located.
(1) Dwelling units and structures shall be set back a minimum of 50 feet from any perimeter lot line of the parent parcel, except that they shall be set back at least 100 feet from any planned public road right-of-way which borders the perimeter of the project site.
(2) Dwelling unit clusters shall be spaced an appropriate distance apart from another cluster, as determined by the Planning Commission, compatible with the surrounding community character and to discourage a suburban subdivision appearance.
(L) Landscaping.
(1) To maintain the rural or very low-density suburban character of the district, the frontage along the perimeter public road(s) shall be heavily landscaped to screen clustered home sites from view of the public to the greatest extent feasible.
(2) Scenic vistas from the perimeter public road(s) shall be maintained (and perhaps enhanced) to the greatest extent feasible. A landscape plan for those areas shall be reviewed and approved by the Planning Commission.
(3) Existing natural screens, or new screens may be used. The Planning Commission may require the installation of a landscaped berm where necessary to meet the intent of this section.
(M) Sewage disposal and water supply.
(1) Use of on-site wells and public water supply and septic systems is anticipated in the township. However, community septic systems or package treatment plants and community wells in lieu of individual wells and septic fields may be permitted if approved by the County and/or State Health Department. Public water and sewage disposal systems shall not be extended to serve projects developed under this section if the site lies beyond an urban services area boundary, as may be set forth within the Master Plan, except in those instances where the utilities already are located at the perimeter of the site.
(2) Portions of the open space may be used, if approved by the Planning Commission and the County Health Department for individual or community wells, for underground drainage fields for individual or community septic systems and for “spray fields” for spray irrigation purposes in a “land treatment” sewage disposal system. However, “mound” systems protruding above grade and aerated sewage treatment ponds shall be limited to no more than 10% of the required minimum open space.
(N) Pedestrian linkages to open space. To the greatest extent feasible, the open spaces should be located and interwoven with the dwelling unit clusters so as to be easily accessible to residents of the development, except in cases where the open space to be preserved is not intended for the use of the residents (as in the case of active farming or protection of endangered species). Linking pedestrian trails shall be provided within the open space(s).
(O) Site plan. Approval under this section requires that a site plan meeting the requirements of § 154.150 be reviewed and approved by the Planning Commission. In addition to a site plan, the Planning Commission may require the submission of additional documents as specified or called for herein.
(1) The Planning Commission shall consider the following general evaluation guidelines:
(a) Protects and serves all floodplains and wetlands;
(b) If development must be located on open fields or pastures because of greater constraints in all other parts of the site dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads;
(c) Maintains or creates an upland buffer of natural native species vegetation adjacent to wetlands and surface waters;
(d) Designs around existing tree lines and hedgerows between fields or meadows, and minimizes impacts on large woodlands (greater than five acres);
(e) Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares;
(f) Avoids siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features;
(g) Protects wildlife habitat areas of species listed as endangered, threatened or of special concern;
(h) Designs around and preserves sites of historic, archaeological or cultural value, their environs and their related features (e.g., stones walls, earthworks and burial grounds);
(i) Protects rural roadside character;
(j) Landscapes common areas (such as community greens), cul-de-sac islands and both sides of new streets with native species shade trees and flowering shrubs with high wildlife conservation value;
(k) Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots;
(l) Includes a safe internal pedestrian circulation system, ideally connected to community pedestrian/bicycle system. The system must be integrated with open space, recreation, preservation areas and provide convenient access from home sites; and
(m) Provides open space that is reasonably contiguous. (Design and Management Handbook for Preservation Areas, by the Natural Land Trust is a good reference resource.)
(2) The Planning Commission also shall consider the following specific evaluation guidelines.
(a) Location of house sites. House sites should generally be located not closer than 100 feet from primary conservation areas, but may be situated within 50 feet of secondary conservation areas to provide buffering distances and afford enjoyable views. The building “foot print” of proposed residences may be changed in any direction by less than 50 feet without approval. Changes involving 50 feet or more may be changed with approval from the Planning Commission.
(b) Street and lot layout. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the primary and secondary conservation areas. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15% shall be strongly discouraged. Street connections shall generally be encouraged to minimize the number of new cul-de-sacs to be maintained by the county and to facilitate easy access throughout the development. Single-loaded residential access streets may maximize the number of homes with enjoyment of open space views, but may require more land to be disturbed.
(c) Lot lines. These are generally drawn midway between adjacent house locations. Lots may be irregularly shaped, including L-shaped “flag-lots”.
(P) Site condominium, subdivision approval or land division. A project approved under this section shall also comply with all requirements of the township, county and state for a site condominium, subdivision or land division as may be applicable, and shall follow all the steps and procedures for approval required therein. If clustering under land division is intended, documentation of the potential number of new parcels out of the parent parcel must be submitted.
(Q) Application and approval process.
(1) The applicant shall prepare and present the following exhibits to the Planning Commission for review and approval. The Planning Commission shall submit the applicant’s exhibits to the Township Planner for a recommendation. As may be necessary or advisable, a recommendation from the Township Engineer may also be sought during the preliminary approval process.
(a) Applicant prepares and presents a “yield plan” for review and approval of the Planning Commission. The “yield plan” shall identify all primary conservation areas (PCAs) and all existing permanent easement areas (EPEAs) as defined in the paragraphs under divisions (D)(1) and (2) above, and shall accurately demonstrate the maximum number of lots or parcels in accordance with division (E) above.
(b) Applicant submits conceptual preliminary plan with all basic existing and proposed land features and structures shown separately. Aerial photos and simple transparencies may be used.
(c) Applicant submits conceptual landscape plan with all basic existing and proposed topography and vegetation features shown separately. Photos and simple transparencies may be used.
(d) A site walkabout may be scheduled for the applicant, Planning Commissioner(s) and the local governmental staff and/or consultants.
(2) Planning Commission site plan review procedures (see § 154.150) are required in all eligible districts (A/R, R-1C, R-2) for this permitted use leading to a determination of approval, approval with conditions or disapproval.
(3) Any legal instruments (easements, covenants and the like) pertinent to the effectuating of the proposed open space preservation development must be reviewed and approved by the Township Attorney. Any approved easements, covenants or other legal instruments that run with the land are to be recorded with the county Register of Deeds. No zoning compliance permit or building permit shall be issued until this has been accomplished.
(Ord. passed 6-28-2006)