(A) Intent. This section is intended to encourage innovation in land use patterns and variety in design for development of large parcels as well as encouraging economy and efficiency in provision of public services, the use of land, natural resources and energy. These regulations provide flexibility for developers while protecting public values.
(B) Permitted uses and standards.
(1) Dwelling units in detached, semi-detached, attached, or multiple-family dwellings or any combination thereof, along with customary accessory detached uses and structures are permitted in a PUD. Site condominium projects (Act 59 of 1978) established after the effective date of this chapter shall be designated as a PUD.
(2) Commercial uses, limited to those set forth in the commercial district of the Village of Sebewaing Zoning Ordinance and specifically approved by the Planning Commission, are permitted in the PUD, provided that such uses are designed to be compatible and harmoniously incorporated into the overall design of the PUD.
(3) Non-residential uses of a religious, cultural, or recreational character are permitted in a PUD provided they are compatibly and harmoniously incorporated into the overall design of the PUD.
(C) Density and parcel coverage. Minimum requirements set forth by the original district in which the proposed PUD is located shall act as a general guideline for the lot and yard regulations. To encourage flexibility and creativity consistent with the intent of PUD regulations, the village may permit specific departures from the requirements of the zoning ordinance for yards and lots as a part of the approval process. Any regulatory modification shall be approved through a finding by the Village Planning Commission; the deviation shall result in a higher quality of development than would be possible using conventional zoning methods.
(D) Open space.
(1) Required open space shall comprise no less than 40% of the total lot or parcel area. Forest, wetland or other unique environmental areas may be left in a natural state. Cropland may not be counted as landscaped open space, nor may yard areas of individual residential lots be included. However, landscaped yard areas for multiple dwellings or nonresidential uses may be included. Areas covered with buildings, streets, parking lots, driveways and other paved surfaces are not considered open space.
(2) Development in dedicated open space areas may include a recreational trail, picnic area, children's play area, greenway, farm or linear park, but any structures constructed incidental to such uses shall not exceed, in the aggregate, 10% of the required open space area.
(3) The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the village, such as: recorded deed restrictions, restrictive covenants conservation easements, plat dedication, or other legal means that runs with the land. Such conveyance shall assure the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall indicate the proposed allowable use(s) of the dedicated open space. The village may require the inclusion of open space restrictions that prohibit the following:
(a) Activity that may cause risk of soil erosion or threaten any living plant material;
(b) Cutting or removal of live plant material except for removal of dying or diseased vegetation;
(c) Use of motorized off-road vehicles;
(d) Cutting, filling or removal of vegetation from wetland areas;
(e) Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.
(E) Failure to maintain open space.
(1) If the developer fails to maintain the common open space in reasonable order and condition in accordance with the plan, the Planning Commission may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be remedied within 30 days and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.
(2) At the hearing the Planning Commission may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or in the modifications are not remedied within the 30 days or any extension, the village, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain it for a period of one year. The entry and maintenance shall not vest in the public any right to use the common open space, except when the open space is voluntarily dedicated to the public by the owners.
(3) Before the expiration of the organization responsible for the maintenance of the common open space, a public hearing shall be scheduled upon notice to such organization or to the residents of the planned unit development, to be held by the Planning Commission at which hearing the organization or the residents of the planned unit development shall show cause why the maintenance by the village shall not, at the election of the Planning Commission continue for a succeeding year. If the Planning Commission determines the organization is not ready or willing or able to maintain the common open space in a good, clean, and safe condition, the Village Council, in its discretion may continue to maintain the open space, subject to a similar hearing and determination in the next succeeding year.
(4) The cost of such maintenance by the village shall be proportionally assessed against the properties within the planned unit development that have a right of enjoyment of the common open space and shall become a tax lien on the properties. The village, at the time of entering upon the common open space for the purposes of maintenance, shall file a notice of the lien in the office of the county recorded upon the properties affected by the lien within the planned unit development.
(F) Environmental standards. Environmental design criteria in a PUD shall include the following: the preservation of trees, groves, waterways, scenic points, historic spots, and other community assets and landmarks. If animal or plant habitats of significant value exist on the site, the village, as a condition of approval, may require the PUD plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas.
(Ord. passed 11-16-2020)