*Ordinance #6 Planned Unit Development Regulations


(Ord. No.6)
300.281           Purpose, intent and objective.
Sec. 14.01.
14.01A Purpose. It is the purpose of the Article to establish zoning regulations, controls, and standards for minimum land areas, the use of land and buildings, amount and kind of open space land, provisions for off-street parking and other similar accessory requirements necessary to regulate this Planned Unit Devel­opment within Berrien Township.
14.01B Intent. The basic intent of Planned Unit Development (PUD) is to replace the usual approval process involving rigid use and bulk specifications with the PUD plan submitted by a developer and approved by the Township Planning Commission.
This ordinance specifically encourages innovations in residential develop­ments so that the growing demands for housing at all economic levels may be met by a greater variety in type, design, and site of dwellings and by the conservation and more efficient use of land connected therewith.
This ordinance recognizes that, while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land uses in areas or neighborhoods of the community that are already substantially developed, these controls represent a type of pre-regulation and regulatory rigidity which would frustrate the application of the PUD concept.
Thus, where PUD techniques are deemed appropriate by the Township Planning Commission in keeping with the intent and purpose of the PUD the set of use and dimensional specifications contained elsewhere in the zoning ordi­nance are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
14.01C Objective. In order to carry out the intent of this section, a Planned Unit Development shall achieve the following objectives:
1.      A maximum choice in the types of environments occupancy tenure (i.e., individual ownership, cooperatives, condominium, leasing, etc.) types of housing, lot sizes and community facilities available to existing and poten­tial regional residents at all economic levels.
2.      More usable open space land and recreational areas.
3.      More convenience in location of accessory commercial service and industrial areas.
4.      The preservation of trees, outstanding natural topography, and geologic features and the prevention of soil erosion.
5.      A creative use of land related to physical development which allows an orderly transition of land from rural to urban uses.
6.      A more efficient use of land resulting in more efficient networks of utilities and streets.
7.      A development pattern in harmony with the objectives of the regional comprehensive plan.
8.      A more desirable environment that would be possible through the strict application of the other provisions of this ordinance.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 14, Eff. Mar. 18, 1987)
300.282     General requirements for planned unit developments.
Sec. 14.02.
14.02A Minimum area. Under normal circumstances the minimum area required for a tract of land to qualify for PUD shall be ten (10) contiguous acres.
14.02B Ownership. The tract of land for a PUD may be owned, leased, or controlled either by a single person, a corporation, government agency, or a group of individuals or corporations. An application must be filed by the owner or jointly by the owners or contract purchasers of all properties included in the project. The PUD shall be in a single ownership by the time the final development is approved.
14.02C Location of the PUD. The PUD may be located within any zoning district in the region where the applicant can demonstrate that the characteris­tics of the proposal can meet the objectives of this ordinance.
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14.02D Permitted uses. Within the area designated for PUD, land may be used and buildings erected for the following purposes:
1.      Residential Uses Of Any Variety Or Type. In developing a PUD, the use of a variety of housing types shall be deemed most in keeping with this ordinance.
2.      Accessory Commercial Service And Other Non-Residential Uses. These uses may be permitted or required where such uses are sealed to serve the residents of the Planned Unit Development and the surrounding area.
3.      Accessory Or Associated Uses. Uses such as private garages, storage spaces, recreational and community facilities, churches, schools, or any other accessory use which in the opinion of the Planning Commission will enhance the use and enjoyment of the PUD may be permitted as appropriate to the development of the region as a whole.
4.      Determination Of Non-Residential Uses.
a.       Only those commercial and industrial uses as permitted in the Zoning Ordinance of Berrien Township shall be permitted in a PUD.
b.      In a residential PUD, only those commercial and industrial uses compatible with residential uses will be permitted.
c.       The Commission shall determine the specific non-residential uses permitted in each residential PUD.
14.02E Area and bulk requirements. All structures shall be shown on the preliminary plan except in large PUD's (in excess of 100 acres) all structures shall be shown for the first two phases, with the balance shown on a land use and major circulation plan stating the total density and type of uses and other information needed in support of the general plan. Minimum lot sizes, distance between buildings, building setbacks, yard lines, lot coverage and lot width shall be consistent with objectives of this ordinance and afford no less open space than would be found under standard zoning.
14.02F Minimum lot sizes. Minimum lot sizes, building setbacks, yard lines, lot coverage and lot width are not regulated specifically by this ordinance. However, the relationship of buildings to each other, the local street system, and open space land shall be consistent with the objectives of this PUD ordinance.
14.02G Intensity of land use. Because land is used more efficiently in a PUD, improved environment quality and needed public land and facilities can be produced even though a greater population density per acre is possible than usually permitted in traditionally zoned districts.
1.      Population density shall be based on persons per gross acre of PUD area and in computing this density, a factor of 1.0 persons per efficiency unit, 2.0 persons per one bedroom unit, 3.0 persons per two bedroom unit, 4.0 persons per three bedroom unit, 5.0 persons per four bedroom unit, 6.0 persons per five bedroom unit. No six bedroom units shall be allowed in a PUD.
2.      The population density permitted in a PUD shall not exceed the calculated density of 30 persons per gross acre of PUD area, but excluding land for commercial and industrial uses.
3.      The Berrien Township Planning Commission may make adjustments in the overall permitted density of individual projects where deemed appropriate. The determination of adjusted population densities shall be completely documented, including all facts, opinion and judgments justifying the selection of the adjusted density.
4.      As to each Planned Unit Development, the Planning Commission will impose either of the following requirements and may impose both:
a.       Structures located on the perimeter of the planned development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses.
b.      Structures located on the perimeter of the planned development must be permanently screened in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses.
5.      The requirements of this section apply only to structures located within two hundred (200) feet of the perimeter of a planned development.
6.      The requirements of this section are applicable to a proposed use which will be adjacent to the planned development only if each of the following conditions is met:


a.       A substantial financial commitment has been made on the basis of a building permit which has been issued for that use; and
b.      The holder of the building permit has notified the planning commis­sion.




14.02H Building coverage. Within the PUD, the project buildings shall cover not more than thirty percent (30%) of the project site or the coverage may not be more than is allowed within the district in which the PUD is permitted.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 14, Eff. Mar. 18, 1987)
300.283           Planned unit development application procedure and approval process.
Sec. 14.03.
14.03 General. Whenever any Planned Unit Development is proposed, before any permit for the erection of a permanent building in such Planned Unit Development is granted and before any subdivision plan for any part thereof may be filed, the· developer or his authorized agent shall apply to the Berrien Township Planning Commission for approval of such development in accordance with procedures established in Section 8.05 [300.135].
(Ord. No.6, Eff. May 1, 1981; Ord. No. 14, Eff. Mar. 18, 1987)
300.284           Time extensions.
Sec. 14.04. If no construction has begun or no use established in the planned development plan, the approval of the final site plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning Commission may extend for one additional year the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the clerk of the Berrien Township Board shall remove the planned development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the final development as approved shall then be revived and in effect.
Upon approving the submission of a final plan, the Berrien Township Planning Commission shall endorse the ordinance with approval date(s) and so signed and shall forward a copy of the final plan to the applicant if the project conforms to all other applicable codes and ordinances.
Should the final plan be disapproved, the Berrien Township Planning Com­mission shall also notify the applicant in writing of its decision and its reasons for disapproval.
(Ord. No.6, Eff. May 1, 1981)
300.285           Phasing and plan changes.
Sec. 14.05
14.05AAny plan which requires more than 24 months to be completed may be constructed in phases and a phasing plan must be developed.
14.05B In a phased PUD, it is expected that changes in the approved final plan will be required from time to time. In order to preserve the flexibilities which are fundamental to a PUD, plan changes are permitted subject to the limitations listed below.
1.      The changed plan must meet the basic objectives and all regulations and requirements of this ordinance.
2.      All plan changes must be submitted to the Berrien Township Planning Commission for reapproval in accordance with Section 14.03 [300.283] of this Ordinance.
(Ord. No.6, Eff. May 1, 1981)