Application and review procedure.
(1) The application requirements and review procedures for land proposed to be developed pursuant to the provisions of this article shall be those stated in
Article 22: Site Plan Review, governing site plans, except as otherwise provided in this subsection. If the open space preservation option is proposed as a platted subdivision, condominium or site condominium development, the applicant shall also submit all information required by this chapter,
Chapter 275: Land Division and Subdivision,
Part 1: Subdivision of Land, or other Township ordinances for such type of land division or development.
(2) In addition to the application materials required by
Article 22: Site Plan Review, an application for the development of land under the provisions of this subsection shall also include the following:
(a) A parallel plan prepared for the purpose of demonstrating the number of dwelling units that could be developed on the land under its existing zoning, if the open space preservation option was not exercised. The parallel plan may be conceptual in nature but shall include at least the following information:
[1] Date, North arrow and scale, which shall not be more than one inch equals 100 feet, and, in all cases, the scale shall be the same as that utilized for the site plan illustrating the proposed development using the clustering option permitted by this article.
[2] Location of streets and driveways.
[3] Location of all lots, illustrating lot area and width of each lot to demonstrate compliance with the minimum requirements of the applicable zoning district.
[4] Location of stormwater retention or detention basins, community sewage treatment systems and community water supply facilities necessary to serve a development under the parallel plan and which would not be located within any public road right-of-way or private road easement, or on buildable lots.
[5] The parallel plan shall illustrate all unbuildable land, which shall include lakes, streams, detention ponds and other wetlands, public utility easements, floodplains, slopes of 20% or greater and other similar features which limit or prevent construction of buildings or roads.
(b) A copy of the conservation easement, plat dedication, restrictive covenant, or other legal instrument that would run with the land and that would have the legal effect of preserving in perpetuity the open space required by this article in an undeveloped state. Such legal instrument shall be reviewed by the Township Attorney prior to recording and shall be subject to the approval of the Attorney, consistent with the terms of this article. The legal instrument shall:
[1] Indicate the proposed permitted use(s) of the undeveloped open space.
[2] Require that the open space be maintained in perpetuity in an undeveloped condition, without buildings, structures or other improvements, except such drainage improvements, utility lines, riding trails, hiking trails, picnic areas, park or playground equipment, agricultural structures or similar improvements that are approved by the Planning Commission.
[3] Require that the undeveloped open space be maintained by parties who have an ownership interest in the undeveloped open space.
[4] Provide standards for scheduled maintenance of the undeveloped open space, including necessary pruning and harvesting of trees and new plantings.
(c) A site plan for a proposed development using the open space preservation option shall include the following information, in addition to that required by Article 22 for preliminary site plans:
[1] Date, North arrow and scale which shall not be more than one inch equals 100 feet, and, in all cases, the scale shall be the same as that utilized for the parallel plan.
[2] The site plan shall clearly illustrate the portions of the land that are proposed to remain in a perpetually undeveloped state and the portions of the land that will be used for clustered development.
[3] The site plan shall indicate the total number of acres of land that are proposed to remain in a perpetually undeveloped state, the total number of acres of land that are proposed to be used for clustered development, and the percentage of each as compared to the total site acreage.
[4] The site plan shall illustrate the location of all proposed lots and proposed building envelopes and shall indicate the lot area and width of each lot, and the proposed front, side and rear yard building setbacks. The number of proposed dwelling lots on the site plan shall not exceed the number of lots on the parallel plan, as approved by the Planning Commission.
(3) Determination of number of lots by Planning Commission. If the Planning Commission determines the number of dwellings illustrated on the parallel plan exceeds the number that could feasibly be developed on the land under the existing zoning classification without the open space preservation option, the applicant shall submit a revised site plan for the open space preservation option reflecting the permitted number of dwellings, as determined by the Planning Commission.
(4) Standards for approval. If a site plan satisfies all requirements of
Article 22: Site Plan Review, all requirements of this section, and all conditions of approval imposed by the Planning Commission, the Planning Commission shall approve the site plan. If the open space preservation option is proposed as a platted subdivision, condominium or site condominium development, the applicant shall also demonstrate compliance with all applicable requirements of this chapter,
Chapter 275: Land Division and Subdivision,
Part 1: Subdivision of Land, or other applicable Township ordinances.
