GOLDEN TOWNSHIP

                        PROPOSED OPEN SPACE ZONING ORDINANCE PROVISION

 

Add to Chapter XII  Planned Unit Development (PUD) Zoning District, Section 12.7 Design Standards

 

12.  Open Space Preservation Option

 

       A.  In order to comply with MCL 125.3506, notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per dwelling unit requirements of this Ordinance, land 

            zoned for residential development may be developed, at the option of the landowner, with the same 

            number of dwelling units that could otherwise be developed on the land under existing ordinances, 

            laws and rules, on not more than 50% of the buildable land, if all of the following apply:

 

            1.  The land is zoned at a density equivalent to 2 or fewer dwelling units per acre; or, if the land is

                 served by a public sewer system, 3 or fewer dwelling units per acre.

            2.  Not less than 50% of the land area will remain perpetually in an undeveloped state by means of

                 a conservation easement, plat dedication, restrictive covenant, or other legal means that runs

                 with the land.

            3.  The development does not depend upon the extension of a public sewer or public water supply

                 system, unless development of the land without the exercise of the development option provided

                 by this provision would also depend upon such an extension, and

            4. The development option provided pursuant to this section has not previously been exercised

                 with respect to the subject property.

 

      B.  The development of land under this section is subject to all other applicable ordinances, laws,

            and rules, including but not limited to:

 

            1.  The provisions of the Zoning Ordinance that are not in conflict with and preempted by Section

                 506 of the Michigan Zoning Enabling Act.

            2. The Land Division Act (formerly the Subdivision Control Act, MCL 560.101, et. Seq.).

            3. Any ordinance regulating the division of land, the platting of land into subdivisions, or the

                 creation of a site condominium.

            4. Rules relating to suitability of groundwater for on-site water supply for land not served by

                 public water.

            5. Rules relating to suitability of soils for on-site sewage disposal for land not served by public

                 sewers.

 

      C.  As used in this section the term "buildable land" means land which does not include regulated or

            unregulated wetlands, submerged land areas, 100-year floodplains, and steep slopes (20% or greater).

 

            As used in this section the term "undeveloped state" means a natural state preserving natural 

            resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a 

            similar use or condition.  This term does not include a golf course, but may include a recreational

            trail, picnic area, children's play area, greenway, or linear park.