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It is the purpose of this subchapter to allow flexibility in residential lot size, site design and housing type, in order to encourage a more creative and efficient use of land than conventionally allowed within Low Density Residential (R1), Medium Density Residential (R2) and High Density Residential (R3) Districts, and to achieve the following objectives:
(A) Preserve village character, natural resources and open space;
(B) Create usable, recognizable common conservation and recreation areas;
(C) Provide a diversity of high quality housing types;
(D) Develop land and infrastructure efficiently and economically;
(E) Provide interconnected roads of an appropriate scale; and
(F) Provide interconnected pedestrian and bicycling facilities.
(Ord. 37, passed 8-28-2005)
(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)
The following uses may be permitted through the special land use permit approval process, at the discretion of the Planning Commission:
(A) Any permitted use or special land use listed in the district in which the development is located;
(B) Two-family dwellings and multiple-family dwellings;
(C) Common open space in compliance with the provisions of this subchapter; and
(D) Accessory structures.
(Ord. 37, passed 8-28-2005)
(A) Base density. The number of dwelling units shall not exceed the number allowed in the residential district in which the development will be located, except as provided for by division (B) below. To establish the number of dwelling units allowed, the applicant shall submit a conventional plan in conformance with the following:
(1) The applicable residential district;
(2) All other provisions of this chapter; and
(3) Other applicable federal, state, county and village regulations including, but not limited to, those governing roads, water supply, sewage treatment, wetlands and floodplains. Detailed engineering is not required. The Planning Commission shall review the submitted conventional plan and, based on this plan, determine the number of dwelling units allowable for the proposed residential open space development.
(B) Density bonus. The Planning Commission may recommend and the Village Council may approve a density bonus of up to 150% of the base density allowed under division (A) above. The total number of dwelling units may be increased by 10% for any five of the following:
(1) Permanent protection of more than 30% of the net site area as common open space;
(2) Significant preservation of natural resources including vegetation, shorelines, unregulated wetlands and steep slopes;
(3) Dedication of usable common open space to a public or non-profit entity;
(4) Significant reduction of impervious surface cover, including road length;
(5) Interconnection of roads, pedestrian or bicycling paths and/or common open space/recreational areas;
(6) Preservation of rural character along public road frontage; and
(7) Superior architectural and/or site design, including diversity or originality in lot layout and individual building design.
(Ord. 37, passed 8-28-2005)
(A) Base Zoning District. Unless specifically waived or modified by the Village Council, all requirements of this chapter and the zoning district in which the site is located shall remain in effect, except for lot area, lot coverage and yard regulations.
(B) Design flexibility. To encourage flexibility and creativity consistent with the common open space community concept, the Village Council may grant specific departures from the requirements of this chapter for lot area, lot coverage and yards as part of the special land use approval process. Any modification shall be approved through a finding by the Village Council that the deviation will result in a higher quality of development than would be possible based on the conventional standards. Regulatory modifications are not subject to appeal or to variance approval by the Zoning Board of Appeals (see §§ 152.442(B), 152.444 and 152.445).
(C) Landscaped buffer area. The outside boundary of the development site shall be surrounded by a landscaped buffer area in compliance with § 152.329.
(D) Access.
(1) All vehicular access to the site shall be directly from an arterial road or collector road.
(2) Dedicated pedestrian and bicycle pathways shall be provided along each interior road and throughout the site. These pathways, which may include sidewalks, shall connect to adjacent sites to the maximum degree possible.
(E) Internal roads. Construction of private roads as a means of providing interior circulation is encouraged. Private roads within a residential open space development are exempted from the design requirements of the Village Technical Standards, if all of the following findings are made by the Planning Commission:
(1) The roads are adequate for emergency vehicle access, as verified in writing by the Putnam Township Fire Marshal and Pinckney Police Department;
(2) A deed restriction is placed on the project site that perpetually vests free simple of the land area in the parties adjoining the road and prohibits future transfer to the public; and
(3) An acceptable maintenance plan is provided, including a means of guaranteeing maintenance assessments from the affected property owners.
(F) Common open space.
(1) A minimum of 30% of the net site area shall be maintained as dedicated common open space held in collective ownership.
(2) The total area of dedicated common open space shall be equal to or exceed the total lot area by which all individual residential lots are reduced below the district standard.
(3) Common open space areas shall be located on the same site as the residential open space development and shall be readily accessible by all residents of the development.
(4) Common open space areas shall be of adequate size and configuration to accommodate the intended use, and shall not include narrow or irregular pieces of land (for example, remnants from the layout of lots, roads and parking areas).
(5) The dedicated common open space shall forever remain common open space, subject only to uses approved by the village and shown on the approved site plan. Further division of common open space or its use for other than approved recreation, conservation or agricultural purposes shall be strictly prohibited.
(6) The dedicated common open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Planning Commission, such as:
(a) Recorded deed restrictions;
(b) Covenants that run perpetually with the land; or
(c) A conservation easement established per the State of Michigan Conservation and Historic Preservation Easement Subpart Part 21, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended (M.C.L.A. §§ 324.2140 et seq.)
(7) The conveyance shall assure that the common open space will be protected from all forms of development, except as shown on the approved site plan and shall never be changed to another use. Furthermore, the conveyance shall:
(a) Indicate the allowable use(s) of the dedicated common open space;
(b) Require the dedicated common open space to be adequately maintained by parties with an ownership interest in the common open space;
(c) Provide detailed standards for scheduled maintenance of the common open space; and
(d) Provide for maintenance to be undertaken by the Village of Pinckney in the event that the dedicated common open space is inadequately maintained, or is determined by the village to be a public nuisance, with a means of assessing all related costs upon the property owners.
(8) Any structure(s) accessory to an approved recreation, conservation or agricultural use may be erected within the dedicated common open space, subject to the approval of the Planning Commission. The accessory structures shall not exceed, in aggregate, 10% of the required common open space.
(9) National Recreation and Park Association Standards, standards established by a sports governing body or standards obtained from another credible source shall be used to determine the exact spatial and dimensional requirements needed for a specific type of recreation area or facility.
(10) The developer shall be required to improve recreation areas so that they are usable for the intended activity, including necessary facilities and equipment. The proposed improvements, including facilities and equipment, shall be acceptable to the village.
(G) Water and sewage. The development shall be served by public or community water and sewage treatment facilities, constructed and maintained in accordance with all applicable state and county statutes and ordinances.
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017) Penalty, see § 152.999
ENVIRONMENTAL PERFORMANCE STANDARDS
It is the purpose of this subchapter to preserve the environmental health, safety and welfare of the Village of Pinckney, its residents and business owners. No land use otherwise allowed by this chapter shall be permitted within any district that does not conform to the following minimum environmental standards.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
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