(A) Special land use permit required. A residential open space development shall require a special land use permit from the Village of Pinckney.
(1) The special land use permit shall be processed in compliance with § 152.241(B).
(2) The special land use permit shall set forth all conditions of approval and include an approved preliminary site plan in compliance with the following:
(a) The specific standards within this subchapter;
(c) The Village of Pinckney Subdivision Regulations or the site condominium requirements of § 152.266.
(B) Application submittal. An application for a residential open space development shall include all of the information required for a special land use permit in § 152.241(A) including a preliminary site plan. The application shall also include a parallel plan showing how the site would be conventionally developed based upon the existing zoning, without a special land use permit (see § 152.353(A)).
(C) Unified control. The residential open space development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of single ownership or control in the form of draft or recorded agreements, contracts, covenants and/or deed restrictions that indicate the development will be completed in its entirety as proposed.
(D) Common open space guarantee. The property owner shall guarantee, to the satisfaction of the Planning Commission, that all common open space shall be provided, used and maintained in the manner approved by the village. Documents shall be submitted that bind all successors and future owners in fee title to common open space commitments made as part of the approved special land use permit.
(E) Recording of action. The applicant shall record an affidavit with the Register of Deeds containing the full legal description of the project site, specifying the date of final approval by the Village Council and declaring that all improvements will be carried out in accordance with the approved site plan. In addition, all deed restrictions and easements shall be duly filed with the County Register of Deeds and copies of recorded documents shall be submitted to the village.
(F) Land use permit. Following final site plan approval, including proof of compliance with division (D) above, and final approval of engineering plans by the applicable village, county and state agencies, a land use permit for the development may be issued by the Zoning Administrator. It shall be the responsibility of the applicant to obtain all other necessary development permits.
(G) Initiation of construction. If construction has not commenced within 24 months of final approval, all village approvals shall become null and void. The applicant may apply in writing to the Planning Commission for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.
(H) Phased development. Final approvals may be granted on each phase of a multi-phased development, if each phase contains the necessary components to ensure protection of natural resources and the health, safety and welfare of the residents and users of the residential open space development and the residents of the surrounding area.
(I) Continuing adherence to plan. Any property owner who fails to maintain an approved site plan shall be deemed in violation of this chapter and shall be subject to the penalties established in §§ 152.020 et seq.
(J) Performance guarantee. The Village Council or Qualified Village Agent may require that a performance guarantee, in accordance with § 152.026, be deposited with the village to insure the completion of improvements.
(K) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
COMMON OPEN SPACE.
(a) A usable and recognizable portion of a development site that is permanently protected from any use other than the following:
1. Public conservation or recreation; and
2. Common private conservation or recreation.
(b) COMMON OPEN SPACE shall not include:
1. Required front, side or rear yards on individual residential lots;
2. State regulated wetlands;
3. Storm water management facilities including floodways, county drainage easements and detention and retention ponds; and
4. Road or utility easements.
RESIDENTIAL OPEN SPACE DEVELOPMENT. One or more lots developed as a single entity with residential uses clustered on no more than 70% of the net site area with the remaining 30% permanently set aside as common open space.
(L) Review Process. The application for a residential open space development shall require review and approval of both the applicable special use application and site plan application and in some cases may also require a rezoning request for some or all of the property involved. At the request of the applicant, or at the direction of the Planning Commission or the Village Council, these applications may be considered concurrently. Review of the proposed residential open space development plan by the Planning Commission and Village Council shall require the procedures for both site plan and special use reviews and shall be acted on as follows:
(1) Planning Commission action. The review of the final residential open space development plan shall be noticed for public hearing in the same manner as a rezoning before the Planning Commission, and otherwise acted upon by the Planning Commission, as provided by law.
(a) Approval. Upon finding that the final plan meets the criteria and standards set forth in the Village Zoning Ordinance, including this residential open space development chapter and those in §§ 152.242 and 152.388
, the Planning Commission may recommend approval of the plans, with or without conditions.
(b) Tabling. Upon finding that the final plan does not meet the criteria and standards set forth in Village Zoning Ordinance, including this residential open space development chapter and those in §§ 152.242, and 152.388
, but could meet such criteria if revised, the Planning Commission may table action until a revised final plan is resubmitted.
(c) Denial.
2. The Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the project, including, without limitation, recommendations with respect to matters on which the Village Council must exercise discretion.
(2) Village Council action. The final plan shall be noticed for public hearing as a rezoning before the Village Council, and otherwise acted upon by the Village Council, as provided by law.
(a) Upon receiving a recommendation from the Planning Commission, the Village Council shall review the final plan. Taking into consideration the recommendations of the Planning Commission and the criteria and standards set forth herein, the Village Council shall approve, approve with conditions, table or deny the final plan.
(b) Within a reasonable time following the hearing, the Village Council, or its designee, shall prepare a report stating the Village Council's conclusions, its decision, the basis for its decision, and any conditions imposed on an affirmative decision.
(c) Prior to approval of a final plan, the Village Council may require all standards and conditions of approval to be incorporated in a development agreement. The agreement shall be approved by the Village Attorney, and the Village Council, and signed by both the village and the applicant.
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)