§ 153.239 SINGLE-FAMILY CLUSTER DENSITY BONUS OPTION.
   (A)   The single-family cluster density bonus option may be permitted in the AG and SF Districts. The purpose of this development technique is to encourage further preservation of natural features such as mature tree stands, unusual topography, water and wetland areas, floodplains and equestrian or agricultural areas by providing for a density bonus and variation in minimum lot widths. On sites without important natural features, this option may be used to protect rural vistas and equestrian or agricultural areas, create permanent open spaces and/or recreation facilities.
   (B)   All proposals under this option must comply with the following.
      (1)   The land must be platted and subdivided under the State Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq., and Chapter 152 of this code, or the State Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq., and the township standards for condominium subdivision, Chapter 151 of this code and §§ 91.01 through 91.06 .
      (2)   The parcel of land possess one or more of the following physical or locational characteristics:
         (a)   Topography of the site exceeds 15% slope;
         (b)   Street slopes would exceed 6% without mass grading of the site;
         (c)   The parcel contains a readily identifiable physical or cultural resource, which is to be conserved by the developer. These may include:
            1.   Streams, lakes, ponds or other watercourses, and associated upland areas;
            2.   Designated wetlands which are regulated by the State Department of Environmental Quality;
            3.   Designated floodplains associated with a lake, stream or river;
            4.   Agricultural lands which are actively being farmed or are considered prime agricultural lands based on parcel site, configuration and soils;
            5.   Land areas which are actively utilized for equestrian purposes and which, by their site, configuration and proximity to agricultural or other equestrian uses, result in an area ideally suited for such uses;
            6.   Tree stands, woodlands and other natural vegetation areas which are of a size, configuration and general character as to provide open space, environmental habitat and passive or active recreational opportunities; and/or
            7.   Other areas as determined appropriate for open space preservation by the Planning Commission.
      (3)   The development plan shall encourage a more efficient, aesthetic and desirable use of the land by a demonstrated preservation of physical and/or cultural resources of unique characteristics of the site, through a consolidation of the developed areas.
      (4)   The following guidelines shall be used in designing a single-family cluster development proposal with the density bonus option.
         (a)   Density bonus cluster standard modifications. The following table outlines the design standard modifications, which may be permitted by the Planning Commission under this section.
 
Zone
Maximum Density Bonus
(1) (2) (3)
Minimum Required Open Space
AG
10%
15%
SF
10%
15%
(1)   Density bonus is calculated based upon the maximum density permitted under § 153.151 for the parent (original) parcel, where density increase results in a fraction, the units permitted may be rounded up. (example: where 4.2 units are calculated for a sale, then 5 units would be permitted subject to all other conditions)
(2)   See § 153.168 for height, bulk, density, area and setback requirements for accessory structures and uses.
(3)   Lot size may be reduced to two acres upon written finding of fact by the County Health Department that such a decrease can accommodate adequate on-site septic and water service facilities.
   
         (b)   Design and plan requirements. All applications shall comply with the following requirements for information, plan content and design.
            1.   A community impact statement shall be submitted which describes the project’s anticipated impact on:
               a.   Public services and facilities, such as police and fire protection, emergency medical service, public schools and the like;
               b.   The local public road system;
               c.   Neighboring uses; and
               d.   Visual character of the site.
            2.   The community impact statement may be incorporated onto the site plan or included with the application as a separate written submittal.
            3.   A resource inventory shall be submitted which clearly identifies the following:
               a.   All floodplains, wetlands and waterbodies;
               b.   A woodlands analysis describing all significant tree stands and methods of preserving identified areas;
               c.   A survey and analysis of on-site soils and slopes, based on Soil Conservation and USGS maps and data;
               d.   An analysis of the cultural features of the site, such as views, historic structures, patterns of original farm fields, active agricultural or equestrian uses, fences or stone walls, recreational uses and the like; and
               e.   The resource inventory components may be incorporated onto the site plan or submitted as a separate written document.
            4.   All lots shall be served by an internal road network. No lots shall front upon the existing major road.
            5.   The permanent open space shall include the site’s most significant natural and/or cultural environmental features, such as:
               a.   Steep slopes;
               b.   Wetlands, floodplains, natural watercourses;
               c.   Woodlands;
               d.   Scenic views;
               e.   Agricultural or equestrian components;
               f.   Historical structures;
               g.   Recreational pathways and facilities; and
               h.   Similar features approved by the Planning Commission.
            6.   Individual dwellings and clusters of homes shall be visually screened from view along existing roadway corridors, in order to reduce visual impact and the appearance of a typical subdivision.
            7.   Open space areas shall be accessible to all lots in the development, either directly, from a pathway system, or from the internal road network. Where the open space is agricultural land, the open space dedication and maintenance agreement shall include limitations on physical access to the open space for non-agricultural purposes and provisions for adequate, unrestricted agricultural, farming, implement or other access necessary for agricultural uses or activities. Access to agricultural use areas shall be separate from residential access to unite and opens space areas.
         (c)   Open space maintenance.
            1.   All open space shall be permanent and set aside in perpetuity.
            2.   Open space shall be in single ownership and maintained by any of, but not necessarily limited to, the following:
               a.   Deed restrictions or condominium master deed restrictions with the township named as a controlling party regarding preservation and maintenance of dedicated open space areas;
               b.   Dedication of open space to a public body or private land conservancy or trust; or
               c.   Conservation easement granted to a public body or private land conservancy or trust.
            3.   All open space ownership and maintenance agreements shall be reviewed and approved as to form and content by township legal counsel prior to approval by the Planning Commission.
            4.   All open space agreements which involve donations of land to the township or which name the township as a party to any agreement shall be approved by the Township Board prior to approval of the development proposal by the Planning Commission.
         (d)   Compliance with other criteria. All proposals for special land use approval under this section shall comply with all provisions of §§ 153.150 and 153.151 which are not specifically modified under this section.
         (e)   Review process for density bonus option. All proposals for the cluster housing density bonus option shall be reviewed in accordance with the provisions of §§ 153.205 through 153.244 Special Land Uses and § 153.151. The flow chart in § 153.151 outlines the general review process.
(Ord. passed 10-11-2000) Penalty, see § 153.999