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NOTICE OF PUBLIC HEARING

SYLVAN TOWNSHIP PLANNING COMMISSION, WASHTENAW COUNTY, MICHIGAN

Thursday, July 25, 2019 at 7:00 pm

Sylvan Township Hall, 18027 Old US 12, Chelsea, MI. 48118

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Subject of Meeting: Public Hearing to amend the following sections of the Sylvan Township Zoning Ordinance:  New language in bold print.

Sec. 30-805. – Open space preservation development option.

(a) Purpose. This section is intended to carry out the provisions of section 506 of Public Act No. 110 of 2006 (MCL 125.3506) to include an open space preservation provision in this chapter. This section proposes to accomplish this purpose by permitting grouping of dwelling units on the portions of land that are most suitable for residential development while permitting the remaining portions of land most suitable for open space use to be perpetually preserved as undeveloped open space. The regulations in this section are also intended to accomplish the following nonexclusive list of purposes:

(1) Preserve natural drainage systems, open space, farmlands, rural character, woodlands and wetlands, natural topography, and environmentally sensitive areas.

(2) Achieve a higher quality of residential development than could otherwise be achieved under conventional zoning.

(3) Permit development that is consistent with the township’s adopted comprehensive plan.

(4) Preserve natural vegetation to the extent feasible.

(5) Preserve open space.

(6) Reduce capital costs of development.

(7) Limit soil erosion potential by reducing the amount of clearing and grading needed for development.

(b) Review authority. The township planning commission shall have authority to review and approve or deny applications for an open space preservation development option (OSPDO) that is to be developed as a site condominium or by metes and bounds land divisions. The township board shall have authority to approve or deny an application for an OSPDO that is to be developed as a subdivision after review and recommendation by the planning commission.

(c) Eligible property. An owner of parcel of land, which shall be the parent lot for purposes of this section, may apply for approval of an OSPDO if all the following requirements are met:

(1) The parent lot is zoned AG or LR, with a density equivalent to two or fewer dwelling units per acre if not served by a public sewer, or three or fewer dwelling units per acre if served by a public sewer.

(2) The parent lot has an area of at least five acres of contiguous land, not divided by a road.

(3) The parent lot is under single ownership or control such that a single person or entity has proprietary responsibility for completing and maintaining the development. The applicant shall provide documentation of such ownership or control in the form of agreements, contracts, etc., that assures that the development will be completed in its entirety as approved and continue to be maintained as approved.

(4) The proposed development does not depend upon extension of public water or sanitary sewer services, unless development of the parent lot without the exercise of the OSPDO would also depend upon such an extension.

(d) Permitted uses.

(1) AG district. A single-family detached dwelling unit and accessory buildings or structures shall be permitted on each lot or condominium unit. All other uses listed insection 30-277shall be permitted in the dedicated open space, except intensive livestock or poultry raising operations, suchas large-scale concentratedpoultry houses, hog hotels, etc., shall not be permitted.

(2) LR district. All uses permitted insection 30-347.

(e) Density regulations.

(1) Maximum units calculation. The number of lots or site condominium units permitted on a parent lot under an OSPDO shall not exceed the area in acresof the parent lot times0.7545in the AG district, or the area of the parent lot times 0.851.5 in the LR district. These numbers reflect a density bonus of 50% over the number of lots allowed by the underlying district.  Maximum lot coverage shall be 20 percent and maximum floor area ration shall be 0.20. The area of the parent lot shall be as defined in the definition of the term “lot area” insection 30-5.

(2) Alternative calculation. In the alternative, at the option of the applicant, the maximum density in an OSPDO may be determined as follows:

  1. The applicant must prepare and submit to the township planning commission a parallel design for the project showing a feasible development under the requirements of all state, county, and township rules and laws. The design should include all information required for preliminary plat designs. The planning commission thereafter must review the design and determine the number of lots that could be feasibly constructed on the subject property according to the parallel design. This number, as determined by the planning commission, is the maximum number of dwelling units allowable for the OSPDO project. It must be determined by the planning commission that this parallel plan is feasible and practical to be constructed and that it meets all current applicable regulations should the OSPDO request be denied or not constructed. The planning commission shall determine and declare this number of allowable dwelling units following a public hearing with proper notice. If there is a question regarding water, septic, wetlands, or floodplains, the planning commission may request validation from the proper regulatory authority.
  2. In calculating maximum density under this section, the planning commission may consider only buildable areas; existing water, wetlands, and roadways may not be considered.

(f) Minimum residential floor area.  The floor areas of single-family dwellings within an OSPDO development may be distributed as follows.

(1)Minimum floor area does not apply to 33% of the dwellings.

(2)67% of the dwellings must have a total floor area of at least 500 square feet, if they have one bedroom, plus 200 square feet for each additional bedroom.

(3)34% of the dwellings must have a total floor area of at least 1000 square feet, if they have two or fewer bedrooms, plus 200 square feet for each additional bedroom above two.

(g f) Minimum lot area. The minimum area of each lot or site condominium unit in an OSPDO shall not be less than the minimum area required by the county for well and septic tank/drainfield permits, in cases when the county has not permitted a community water and/or wastewater treatment system and the development is not served by a public water and/or sewer system.

(h g) Minimum required yards. Each lot or site condominium unit in an OSPDO shall provide the following minimum required yardsas averages across all of the lots or site condomium units:

AG district
Front, Corner side 35 feet
Side 20 feet
Rear 35 feet
LR district
Front, Corner side 30 feet
Side 10 feet
Rear 30 feet

 

(i h) Minimum lot width. Each lot or site condominium unit in an OSPDO shall have the following average minimums widths measured at the road frontage, provided that the length to width ratio of any lot or unit shall not exceed 4:1:

(1) AG district: 75 100feet.

(2) LR district: 60 75 feet.

(ji) Wells and septic tanks/drainfields. Each proposed lot or site condominium unit shall have a permit for a well and septic tank/drainfield approved by the county, or the development shall have a community water and/or wastewater treatment system approved by the applicable county or state authority,before the planning commission may approve the final site plan or the township board may give final approval to the preliminary plan for a proposed OSPDO.

(kj) Design standards.

(1) The OSPDO shall be designed to promote preservation of natural features. Lots or site condominium units, roads, stormwater management facilities, and other improvements shall be designed and situated to minimize alteration of or intrusion into the natural environment.

(2) Lots or site condominium units shall be located on soils that are most suitable for drainfields.

(3) Dwelling units shall be located away from environmentally sensitive areas. They shall not be located in areas most suitable for open space. Dwelling units shall be located as far as possible from agricultural areas.

(4) Placement of wells, septic tanks, and drainfields shall comply with all requirements of the county.

(5) Each lot or site condominium unit shall have access to and frontage on a publicor privateroad.

(6) Pedestrian access shall be provided within a development between lots or site condominium units and non-agricultural open space, between open space areas, and to appropriate on and off-site uses.

(7) The planning commission or township board, whichever applies, may require that structures of historic, cultural, or architectural significance on the site of an OSPDO be retained, if suitable for rehabilitation. Adaptive reuse for a permitted use may be permitted.

(l k) Dedicated open space requirements.

(1) At least 50 percent of the area of the parent lot, defined as “lot area” insection 30-5, shall be dedicated open space.

(2) At least 60 percent of dedicated open space shall be linked as a single unit.

(3) The open space shall be located so that it preserves significant natural resources and connects open spaces throughout the development with adjacent open space.

(4) The open space shall be connected with existing or potential open space, or public land, if feasible.

(5) An accessory structure for permitted uses may be erected in the open space in accordance with the approved site plan or plat.

(6) All owners of lots or site condominium units in an OSPDO shall be permitted access to the dedicated open space. Use of dedicated open space may be restricted to property owners in the development.

(7) Management plan. The applicant shall submit a plan for maintaining the dedicated open space with the application for the OSPDO.

(8) Owner’s association. An owner’s association shall be created for development under this section and shall own and maintain the dedicated open space.

(m l)Guarantee of dedicated open space.

(1) The applicant for an OSPDO shall set aside the dedicated open space through an irrevocable conveyance that guarantees that the dedicated open space will remain perpetually in an undeveloped state and will be maintained in the manner approved by the township.  The open space area may be preserved through a recorded deed restriction, covenants that run perpetually with the land, dedication to a land conservancy, or conservation easement established by the State of Michigan Conservation and Historic Preservation Act, MCL 324.2140 (Public Act 197 of 1980).This conveyance shall be in the form of a permanent conservation easement.

(2) The purpose of the conservation easement is to ensure that dedicated open space will be:

  1. Protected from all forms of development as approved;
  2. Shown on an approved site plan or plat; and
  3. Never changed to another use.

(3) The conservation easement shall contain, at a minimum, provisions that:

  1. Describe the permitted use of the dedicated open space.
  2. Prohibit storing or dumping of refuse or any hazardous materials or refuse on the dedicated open space.
  3. Prohibit any activity that might cause risk of soil erosion on the dedicated open space.
  4. Prohibit use of off-road vehicles on the dedicated open space, except as needed for allowed agricultural activity.
  5. Prohibit cutting, filling, or removal of vegetation, except invasive species, from wetland or wooded areas, except as needed for acceptable resource management practices, on the dedicated open space.
  6. Prohibit use of pesticides, herbicides, or chemical fertilizers within 100 feet or 200 feet if slope is greater than 30 percent or adjacent to wetlands in the dedicated open space.
  7. Require that the owner’s association maintain the dedicated open space in accordance with the approved management plan.
  8. Provide for maintenance of the dedicated open space to be undertaken by the township board and the costs thereof assessed against the person or entities responsible for maintaining the dedicated open space, if:
  9. The person or entity which the township board declares to be responsible for its maintenance fails to adequately maintain the open space; or
  10. The township board determines that the dedicated open space is a public nuisance.
  11. Reflect that the conveyance is recorded on every deed of parcel in the development.
  12. Provide that, if the land trust or conservancy holding the conservation easement ceases to exist, the dedicated open space easementshall revert to the township.

(4) If the open space is protected by a conservation easement, the conservation easement shall be held by the township or a recognized land trust or conservancy approved by the township board. The easement shall be in a form acceptable to the township and must be duly recorded in the county register of deeds office. This provision does not prohibit a transfer of ownership or control, provided notice of such transfer or control is provided to the township board and the property in the OSPDO continues in compliance with the township’s original approval.

(n m) Review procedures. An application for an OSPDO shall be reviewed as follows:

(1) Subdivisions. If an OSPDO is for a subdivision, review of the preliminary and final plats shall proceed as provided in thechapter 10, development.

(2) Site condominiums. If an OSPDO is for a site condominium, review shall proceed as provided insection 30-802.

(3) Metes and bounds divisions. If an OSPDO is for land division by metes and bounds descriptions, the review shall proceed as provided for preliminary and final site plans in article II, division 2 of this chapter.

(o n) Review standards. The planning commission shall make findings upon review of final site plans for site condominiums and metes and bounds land divisions. The township board shall make findings upon review of subdivisions, after review and recommendations by the planning commission, prior to approving or denying the final version of the preliminary plat. All findings shall be in writing and shall be recorded in the minutes of the meeting at which the decision is made. An application for an OSPDO shall meet all the following standards or it shall be denied:

(1) The proposed OSPDO is consistent with the township’s adopted comprehensive plan.

(2) The proposed OSPDO does not adversely affect existing or future use and value of adjacent properties.

(3) The site plan shall meet all requirements and standards for a preliminary and final site plan, as provided in article II, division 2 of this chapter. A subdivision plat shall meet all requirements and standards for a preliminary and final plat in thechapter 10.

(4) The proposed OSPDO meets all requirements and standards in this section and all other applicable provisions of this chapter.

(5) The proposed OSPDO complies with all applicable federal, state, and local rules and regulations, including rules regarding groundwater suitability for on-site water supply for land not served by public water, and soil suitability for on-site sewage disposal for land not served by public sewers.

(p o) Conditions of approval. The planning commission or township board, whichever applies, may impose reasonable conditions of approval for an OSPDO that will ensure that all elements of the approval will be continued.

(q p) Recording of action.

(1) Upon approval of a final site plan by the planning commission of final approval of a preliminary plat by the township board, the applicant shall record an affidavit with the county register of deeds within 30 days of the approval. The affidavit shall contain the full legal description of the property in the OSPDO, specify the date of township approval, state the conditions the planning commission or township board imposed, and declare that all improvements will be carried out pursuant to the approved OSPDO plan or plat, unless an amendment is endorsed by the planning commission or township board, whichever applies. The deed restrictions and conservation easement shall be duly filed with the county register of deeds, and copies of recorded documents shall be delivered to the township board immediately after recording.

(2) Upon approval of a final site plan by the planning commission or final approval of a preliminary plat by the township board, the township board shall promptly record the approval of the OSPDO on the township’s official zoning map.

(r q) Time limits.

(1) Unless the planning commission or township board (whichever gave the approval) approves an extension, an approved OSPDO expires and is of no effect if:

  1. The construction does not commence with in 12 months after approval;
  2. Construction is not diligently pursued after approval;
  3. The applicant does not complete construction; or
  4. The applicant does not comply with the conditions specified in the approval.

(2) The applicant may apply in writing to the approving body for an extension of time in which to commence construction, with an explanation of reasons justifying the requested extension. An applicant may not request an extension exceeding 12 months. The body granting the original approval may grant a requested extension for good cause. Not more than one extension may be approved.

(s r) Continuing compliance.

(1) An applicant who fails to comply with the approved final site plan or the preliminary plat with final approval, whichever applies, shall be deemed in violation of this chapter, as provided in article II, division 1 of this chapter.

(2) The planning commission may require a development agreement and performance guarantee as a condition of final site approval, and the township board may require a subdivision agreement and performance guarantee as a condition of final approval of a preliminary plat, to ensure completion of a proposed OSPDO as approved.

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This notice is posted in compliance with PA 267 of 1976 as amended (Open Meetings Act) MCLA 41.72a(2) (3) and the American With Disabilities Act (ADA) and with Section 103 of the Michigan Zoning Enabling Act Public Act 110 of 2006.  Sylvan Township will provide necessary reasonably auxiliary aids and services upon request to the Clerk, Kathleen Kennedy, addressed to the Township Hall, 18027 Old

  1. S. 12, Chelsea, MI 48118, ten day prior to the meeting.

 

A copy of the entire text of the ordinance is on file and can be viewed in the office of the Clerk.

You are invited to attend this Hearing or contact the Planning Commission in writing at the Sylvan Township Hall, 18027 Old US-12, Chelsea, MI. 48118, to express your views on this matter.

KATHLEEN KENNEDY, CLERK

Published July 3, 2019

 

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