BOARD OF TRUSTEES
GENOA CHARTER TOWNSHIP, LIVINGSTON COUNTY, MICHIGAN
NOTICE OF PROPOSED ZONING TEXT AMENDMENT
SEPTEMBER 16, 2024
DRAFT - ORDINANCE #Z-24-03
AN ORDINANCE TO AMEND ZONING ORDINANCE ARTICLE 10 ENTITLED PLANNED UNIT DEVELOPMENT
Pursuant to Michigan Public Act 110 of 2006, (the Zoning Enabling Act) and Michigan Public Act 359 of 1947, (the Charter Township Act), notice is hereby given that the Genoa Charter Township Board of Trustees has conducted the first reading and will be performing the second reading and considering ordinance Z 24-03 addressing amendments to Zoning Ordinance Article 10 Planned Unit Development. Consideration of said amendment is scheduled for the Board meeting on Monday, September 16th, 2024 at 6:30 p.m. The meeting is planned to be held at the Township Hall located at 2911 Dorr Road, Brighton, Michigan 48116.
The text of the proposed ordinance amendment is available below or at the Township Office during regular business hours.
DRAFT - ORDINANCE #Z-24-03
AN ORDINANCE TO AMEND ZONING ORDINANCE ARTICLE 10 ENTITLED “PLANNED UNIT DEVELOPMENT”
THE TOWNSHIP OF GENOA ORDAINS:
SECTION 1: SHORT TITLE: This Ordinance shall be known as the “Amendment to Zoning Ordinance Article 10 entitled “Planned Unit Development”.
SECTION 2: SUMMARY OF ORDINANCE: Pursuant to the Michigan Zoning Enabling Act (P.A. 110 of 2006), notice is hereby given that an ordinance to amend the Zoning Ordinance regulating the development and use of land in Genoa Charter Township has been adopted by the Township Board on _________, 2024. The Board conducted the second reading and approved Ordinance #Z-24-03 to adopt the ordinance and amend the Zoning Ordinance of the Charter Township of Genoa by amending Article 10 Planned Unit Development. The following provides a summary of the regulatory effect of the ordinance.
ARTICLE 10 OF THE ZONING ORDINANCE, ENTITLED “PLANNED UNIT DEVELOPMENT”, IS HEREBY AMENDED AS FOLLOWS:
Section 10.02.05 SEWER AND WATER is amended as follows:
• Sewer and Water. The site shall be served by public sewer and public water. The Township may approve a residential PUD that is not served by public sewer or water, provided all lots shall be at least one (1) acre in area unless approved by the Township in accordance with the requirements provided in Section 10.03.01(d).
Section 10.03.01 RESIDENTIAL PUD is amended as follows:
• (b) Dimension Standards: is amended with the deletion of “the Planning Commission may approve a RPUD without public water and sewer provided all lots shall be at least one (1) acre in area and the requirements of the County Health Department are met.
• (d) Cluster Option: The Planning Commission may approve an RPUD cluster housing project without public water or sewer to allow not more than a twenty-five percent (25%) reduction in the one (1) acre lot size requirement where it meets each of the following:
1. The overall density is not less than one (1) dwelling unit per acre of land in the RPUD and that any reduction in lot size below one (1) acre shall be off-set with an equal corresponding amount of preserved upland open space to be included in accordance Section 10.03.01(d)(5).
2. There are existing suitable soil conditions without restrictions for a conventional onsite system for both an active and reserve field that meet the requirements of the County Health Department.
3. An open space cluster development shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the Township. The benefits can be provided through site design elements in excess of the requirements of this Ordinance, such as extensive landscaping, unique site design features, preservation of woodlands and open space, particularly along major thoroughfares or lakes, buffering development from wetlands and shorelines, and provision of buffers from adjacent residential.
4. The site shall preserve significant natural features such as woodlands, significant views, natural drainage ways, regulated or non-regulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the Township to preserve and which might be negatively impacted by conventional residential development.
5. The proposed development shall be designed to create a cohesive neighborhood through a network of spaces such as parks and common open space areas for recreation and resident interaction. All open space areas shall be equally available to all residents of the development.
6. The site shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.
7. A minimum of 50% of the total site area shall be preserved as open space for recreation or conservation and shall be exclusive of road rights-of-way or other improvements. Such open space shall be arranged on the site to meet all of the following requirements, provided the Planning Commission may modify these standards where it is demonstrated that additional natural features will be preserved elsewhere on the site:
a) A one hundred (100) foot deep open space area shall be preserved along road frontages bordering the open space cluster development and adjacent to existing residential lots.
b) All wetlands and areas within fifty (50) feet of a wetland or shoreline shall be preserved as open space with signs provided to demarcate the location of the natural features setback. Lakes and ponds shall not be included in open space area calculations.
c) Open space shall be located to minimize removal of woodlands.
d) Open space may include recreational trails, picnic areas, parks and greenways. The Planning Commission may permit recreational structures within the open space.
8. The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Township, such as: recorded deed restrictions, covenants that run-in perpetuity with the land, or conservation easements. Such conveyance shall assure that the open space will be protected from all forms of development and shall never be changed to another use. Where deed restrictions are utilized for the protection of open space, the Township shall be made a party to the deed restrictions and such restrictions applicable to the open space shall not be amended. Building permits for home construction shall not be granted until such deed restrictions are recorded with the County Register of Deeds and copies are filed with the Township. The developer may dedicate the open space to a conservation organization or the Township, provided such dedication shall be subject to approval by the Township Board.
9. A preservation and maintenance plan for the open space shall be submitted with the final preliminary plat or final site condominium plan and shall include mechanisms for the long-term funding of open space preservation. The Township may require bonds or other funding mechanisms to ensure long term maintenance of open space.
10. Reasonable conditions may be required with approval of an open space cluster development for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and further the implementation of the Township Master Plan.
REPEALOR: All ordinances or parts of Ordinances in conflict herewith are repealed.
SEVERABILITY: Should any section, subsection, paragraph, sentence, clause, or word of this Ordinance be held invalid for any reason, such decisions shall not affect the validity of the remaining portions of the Ordinance.
SAVINGS: This amendatory ordinance shall not affect violations of the Zoning Ordinance or any other ordinance existing prior to the effective date of this Ordinance and such violation shall be governed and shall continue to be separate punishable to the full extent of the law under the provisions of such ordinance at the time the violation was committed.
EFFECTIVE DATE: These ordinance amendments were adopted by the Genoa Charter Township Board of Trustees at the regular meeting held on ________, 2024 and ordered to be given publication in the manner required by law. This ordinance shall be effective seven days after publication.
Genoa Charter Township will provide necessary reasonable auxiliary aids and services to individuals with disabilities at the meeting/hearing upon seven (7) days’ notice to the Township. Individuals with disabilities requiring auxiliary aids or services should contact the Township in writing or by calling at (810) 227-5225.