(A) Purpose. This section sets forth the procedures, regulations and approval standards to rezone land to the Planned Unit Development Zoning District and the Open Space Planned Unit Development Zoning District in the township. For purposes of this section, the terms PUD and PLANNED UNIT DEVELOPMENT shall mean both the Open Space Planned Unit Development Zoning District and the Planned Unit Development Zoning District.
(B) Procedures.
(1) Preapplication conference. Before submitting an application for a PUD, an applicant may meet with the Planning Commission or Township Zoning Administrator, Planner or Engineer to submit information regarding a proposed PUD and to confer with the Planning Commission, or staff, about the proposed application and the PUD.
(2) Application for PUD approval. An application for a PUD rezoning shall be in accordance with the application procedures for site plan review as required by §§ 154.160 through 154.171 of this chapter. In addition, the applicant shall submit any fee or escrow requirement as may be adopted by resolution of the Township Board.
(C) Preliminary development plan. An applicant for PUD rezoning shall submit a site plan in accordance with the requirements for preliminary site plan review as set forth in §§ 154.160 through 154.171 of this chapter and all of the requirements of this chapter if the applicant is requesting a rezoning to OS-PUD. The applicant shall also submit ten copies of a narrative describing:
(1) The proposed density, number and types of dwelling units;
(2) If the proposed project will be served by water or sanitary sewer systems, a statement from a registered professional engineer describing methods and capacities; and
(3) Calculations demonstrating compliance with the chapter requirements for open space and number of permitted dwellings.
(D) Environmental impact assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final site plan. This assessment shall describe the effect and impact that the proposed PUD will or may have upon or with respect to the following matters:
(1) The lands involved and the adjacent and nearby lands; streams, rivers, wetlands and the quality and volume of surface and ground water; wildlife and trees and other significant vegetation;
(2) Population in the immediate area and the township; local school systems; traffic congestion;
(3) Additional costs to governmental units and school districts; police and fire protection; storm water drainage; water supply and sewage disposal;
(4) Noise, vibration, dust and dirt, litter, smoke, odor, light and glare;
(5) Traffic impact study;
(6) An economic feasibility study for the principal uses of the proposed PUD; and
(7) An analysis of the nature and effect of any private utility systems, including septic tanks and drain fields, storm water control and retention facilities and water supply and distribution systems.
(E) Review of preliminary development plan. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD, together with any recommended changes or modifications thereof. Such review and other consideration of the preliminary plan shall take place at a public meeting or meetings of the Planning Commission, and at meetings of committees of the Planning Commission, where appropriate.
(F) Final development plan.
(1) After receiving the recommendations of the Planning Commission on the preliminary development plan, the applicant for PUD rezoning shall submit three copies of the final development plans to the township office in accordance with the requirements for final site plan review as contained in §§ 154.160 through 154.171 of this chapter. Copies of the plan shall be forwarded to the Planning Commission.
(2) The final development plan shall contain all of the information required for final site plan review unless the same is waived by the Planning Commission as not being reasonably necessary for the consideration of the PUD, plus the following:
(a) All of the drawings, narrative, studies, assessments and other information, and materials comprising the preliminary development plan, including all of the recommendations of the Planning Commission thereon;
(b) Projected time for completion of the entire PUD; proposed phasing, if any, of the PUD and the projected time for completion of each phase; and
(c) Any other information reasonably required by the Planning Commission in connection with its review of the PUD and consideration of the rezoning of the lands in accordance with the PUD plan.
(G) Planning Commission public hearing on final development plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning in accordance with the plan. See § 154.424 of this chapter.
(1) A notice concerning the public hearing on the PUD final development plan and application for rezoning shall be published in a newspaper that circulates in the township and sent by mail or personal delivery to the owners of property for which PUD approval and the rezoning is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet.
(2) Such notice must be given not less than 15 days before the date of the public hearing. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one occupant of a structure; except that, if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations one occupant of each unit or spatial area shall receive notice.
(3) In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:
(a) Describe the nature of the PUD and rezoning request;
(b) Identify the property that is the subject of the PUD and rezoning request;
(c) State when and where the PUD and rezoning request will be considered;
(d) Indicate when and where written comments will be received in advance of the public hearing on the request; and
(e) An affidavit of mailing shall be filed with the Planning Commission before the public hearing.
(H) Consideration of final development plan by Planning Commission. After the public hearing, the Planning Commission shall make recommendations concerning the final development plan and the modifications in the final development plan and the rezoning to the Township Board.
(I) Standards for approval. In making a recommendation to approve a PUD, the Planning Commission must find that the proposed PUD meets all of the standards for approval as contained in this subchapter.
(J) Final consideration of the PUD by Township Board. The Township Board shall review the final development plan and the recommendations submitted by the Planning Commission.
(1) The Township Board shall also hold a hearing pursuant to § 154.424 of this chapter.
(2) The Township Board shall determine whether the final development plan complies with the standards, conditions and requirements of this chapter and, in addition, shall determine whether the proposed project promotes the intent and purpose of this chapter; ensures that the proposed project will be compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities affected by the proposed project; and ensures that the proposed project will be consistent with the public health, safety and welfare needs of the township.
(3) Upon a determination that a proposed project meets all such standards, conditions and requirements, the Township Board may approve the final development plan and grant the rezoning request.
(K) Conditions of approval. The Township Board may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to ensure that public services and facilities affected by a proposed project will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements.
(1) They shall be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the proposed project under consideration, residents and landowners immediately adjacent to the proposed project and the community as a whole.
(2) They shall be related to the valid exercise of the police power, and the purposes that are affected by the proposed project.
(3) They shall be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the proposed PUD under consideration, and be necessary to ensure compliance with those standards.
(4) The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Township Board and the property owner. The Township Board shall maintain a record of conditions that are changed.
(L) Rezoning. If the Township Board approves the final development plan and the proposed application for rezoning, it may rezone the property in accordance with the Zoning Act, as amended. Publication of the rezoning ordinance or publication of a summary of the provisions thereof shall be accomplished in the manner provided by law. Following approval of the PUD rezoning, the official zoning map of the township shall be changed to reflect the PUD zoning for the parcel.
(M) Conformance to final development plan. A PUD shall be constructed, conducted, and used in strict conformance with the approved final development plan and any conditions of approval. Any changes shall only be allowed in accordance with the requirements of § 154.105 of this chapter.
(Ord. passed 7-12-2012, § 11.9)