(A) Base Zoning District. Unless specifically waived or modified by the Village Council, all requirements of this chapter and the zoning district in which the site is located shall remain in effect, except for lot area, lot coverage and yard regulations.
(B) Design flexibility. To encourage flexibility and creativity consistent with the common open space community concept, the Village Council may grant specific departures from the requirements of this chapter for lot area, lot coverage and yards as part of the special land use approval process. Any modification shall be approved through a finding by the Village Council that the deviation will result in a higher quality of development than would be possible based on the conventional standards. Regulatory modifications are not subject to appeal or to variance approval by the Zoning Board of Appeals (see §§ 152.442(B), 152.444 and 152.445). (C)
Landscaped buffer area. The outside boundary of the development site shall be surrounded by a landscaped buffer area in compliance with § 152.329. (1) All vehicular access to the site shall be directly from an arterial road or collector road.
(2) Dedicated pedestrian and bicycle pathways shall be provided along each interior road and throughout the site. These pathways, which may include sidewalks, shall connect to adjacent sites to the maximum degree possible.
(E) Internal roads. Construction of private roads as a means of providing interior circulation is encouraged. Private roads within a residential open space development are exempted from the design requirements of the Village Technical Standards, if all of the following findings are made by the Planning Commission:
(1) The roads are adequate for emergency vehicle access, as verified in writing by the Putnam Township Fire Marshal and Pinckney Police Department;
(2) A deed restriction is placed on the project site that perpetually vests free simple of the land area in the parties adjoining the road and prohibits future transfer to the public; and
(3) An acceptable maintenance plan is provided, including a means of guaranteeing maintenance assessments from the affected property owners.
(1) A minimum of 30% of the net site area shall be maintained as dedicated common open space held in collective ownership.
(2) The total area of dedicated common open space shall be equal to or exceed the total lot area by which all individual residential lots are reduced below the district standard.
(3) Common open space areas shall be located on the same site as the residential open space development and shall be readily accessible by all residents of the development.
(4) Common open space areas shall be of adequate size and configuration to accommodate the intended use, and shall not include narrow or irregular pieces of land (for example, remnants from the layout of lots, roads and parking areas).
(5) The dedicated common open space shall forever remain common open space, subject only to uses approved by the village and shown on the approved site plan. Further division of common open space or its use for other than approved recreation, conservation or agricultural purposes shall be strictly prohibited.
(6) The dedicated common open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Planning Commission, such as:
(a) Recorded deed restrictions;
(b) Covenants that run perpetually with the land; or
(c) A conservation easement established per the State of Michigan Conservation and Historic Preservation Easement Subpart Part 21, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended (M.C.L.A. §§ 324.2140 et seq.)
(7) The conveyance shall assure that the common open space will be protected from all forms of development, except as shown on the approved site plan and shall never be changed to another use. Furthermore, the conveyance shall:
(a) Indicate the allowable use(s) of the dedicated common open space;
(b) Require the dedicated common open space to be adequately maintained by parties with an ownership interest in the common open space;
(c) Provide detailed standards for scheduled maintenance of the common open space; and
(d) Provide for maintenance to be undertaken by the Village of Pinckney in the event that the dedicated common open space is inadequately maintained, or is determined by the village to be a public nuisance, with a means of assessing all related costs upon the property owners.
(8) Any structure(s) accessory to an approved recreation, conservation or agricultural use may be erected within the dedicated common open space, subject to the approval of the Planning Commission. The accessory structures shall not exceed, in aggregate, 10% of the required common open space.
(9) National Recreation and Park Association Standards, standards established by a sports governing body or standards obtained from another credible source shall be used to determine the exact spatial and dimensional requirements needed for a specific type of recreation area or facility.
(10) The developer shall be required to improve recreation areas so that they are usable for the intended activity, including necessary facilities and equipment. The proposed improvements, including facilities and equipment, shall be acceptable to the village.
(G) Water and sewage. The development shall be served by public or community water and sewage treatment facilities, constructed and maintained in accordance with all applicable state and county statutes and ordinances.
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017) Penalty, see §
152.999
