City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 738, passed 2-22-2010; Ord. No. 763, passed 12-26-2012]
At the option of the developer, land zoned AA, R-3, A-1, A-2, and A-3 may be developed for detached single-family residential subdivisions and condominiums in the fashion established M.C.L.A. 125.3506 (Section 506 of P.A. 110 of 2006, as amended). Land developed under this option must adhere to the following requirements:
(a) 
In all developments proposed under the standards of this option, at least 20% of the gross buildable area of the subject property must be perpetually preserved as open space. Gross buildable area is defined as that portion of the gross site area not containing open bodies of water, streams, wetlands (as defined by the MDEQ), and areas within the one-hundred-year flood plain.
(b) 
The following land areas shall not be applied toward satisfaction of the minimum open space requirement stated under division (a) of this section:
(1) 
Unbuildable land, including wetlands, open bodies of water and streams, and areas within the one-hundred-year flood plain;
(2) 
The area of any public road right-of-way or private road easement.;
(3) 
Areas within lots or units;
(4) 
Public or private golf courses.
(c) 
The following land areas may be applied toward satisfaction of the minimum open space requirement stated under division (a) of this section:
(1) 
Uncleared areas of the site left in their natural condition;
(2) 
Landscaped greenbelts;
(3) 
Public and private parks developed with recreation amenities including but not limited to; landscaping, gazebos, benches, play equipment, pathways (woodchip or paved), and wildlife enhancements;
(4) 
Storm water management facilities, including detention, retention and sedimentation basins, up to 25% of the total amount of open space required under division (a) of this section.
[Ord. No. 738, passed 2-22-2010]
Open space intended to satisfy the minimum requirements stated under Section 1283.01(a) must adhere to the following standards:
(a) 
Open space shall be centrally located, located along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces throughout the development.
(b) 
Open space must either be left in its natural condition, provided with recreational amenities, or landscaped. Preserved open space shall not be left primarily as lawn. This shall not apply to storm water management basins.
(c) 
Open space provided along exterior public roads shall generally have a depth of at least 50 feet, and be either landscaped or left in a natural wooded condition. In either case, open space along exterior public roads shall be provided with a minimum of one evergreen or canopy tree for each 30 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into natural groupings to provide a natural appearance. Preservation of existing trees may be credited towards meeting this frontage landscaping requirement.
(d) 
Open space must be accessible. Access can be provided via sidewalks and pathways throughout the development or where open space abuts road rights-of-way within the development.
(e) 
Connections with adjacent open space, public land or existing or planned pedestrian/bike paths may be required by the Planning Review Committee and/or the Planning Commission.
(f) 
Views of open spaces from lots (or units) and roads within the development are encouraged. For larger developments (over 100 residential units or golf course communities), the Planning Commission may require viewsheds of lakes or other areas as a condition of approval. A viewshed shall be composed of at least 100 lineal feet of road frontage having an unobstructed view of a lake or other landscape feature found acceptable to the Planning Review Committee and the Planning Commission.
(g) 
Where lakes and ponds are located within or abut a development, the Planning Commission may require open space to provide lake access.
[Ord. No. 738, passed 2-22-2010]
Open space shall be set aside by the developer through an irrevocable recorded document that is found acceptable to the Planning Review Committee and the Planning Commission, such as:
(a) 
Recorded deed restrictions;
(b) 
Covenants that run perpetually with the land;
(c) 
Dedication to a land conservancy approved by the Planning Commission; or
(d) 
A conservation easement established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (M.C.L.A. 324.2140).
[Ord. No. 738, passed 2-22-2010]
Preservation of open space as described in Section 1283.03 of this chapter shall assure that open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. The recorded document utilized shall indicate the proposed allowable use(s) of the preserved open space. The Planning Review Committee and/or the Planning Commission may require the inclusion of open space restrictions that prohibit the following:
(a) 
Dumping or storing of any material or refuse;
(b) 
Activity that may cause risk of soil erosion or threaten any living plant material;
(c) 
Cutting or removal of live plant material except for removal of dying or diseased vegetation;
(d) 
Use of motorized off-road vehicles;
(e) 
Cutting, filling or removal of vegetation from wetland areas;
(f) 
Use of pesticides, herbicides or fertilizers within or adjacent to wetlands;
(g) 
Require that the preserved open space be maintained by parties who have an ownership interest in the open space;
(h) 
Provide standards for scheduled maintenance of the open space;
(i) 
Provide for maintenance to be undertaken by City, at the City's option, in the event that the preserved open space is inadequately maintained, or is determined by the City to be a public nuisance, with the assessment of costs upon the property owners.
[Ord. No. 738, passed 2-22-2010]
The preserved open space shall forever remain open space, subject only to uses approved by the City on the approved site plan or plat. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited.
[Ord. No. 738, passed 2-22-2010]
Any structure(s) or building(s) accessory to a recreation, conservation or agriculture use may be erected within the preserved open space, subject to the approved site plan. These accessory structure(s) or building(s) shall not exceed, in the aggregate, 1% of the required open space area. Accessory structures may include:
(a) 
Maintenance buildings;
(b) 
Clubhouse;
(c) 
Recreation structures (gazebos, boardwalks, docks, play equipment, etc.);
(d) 
Other structures as approved by the Planning Committee or Planning Commission.
[Ord. No. 738, passed 2-22-2010]
(a) 
The minimum lot width and lot area for lots or units in single-family detached residential developments, as stated in the Schedule of Regulations for each zoning district, may be reduced by up to 20% when developed using the option provided under this division.
(b) 
Notwithstanding division (a) of this section, no lot area shall be reduced below 6,600 square feet, nor shall the lot width be reduced below 66 feet. Larger lot area may be required to the requirements of P.A. 288 of 1967, the Subdivision Control Act.
(c) 
Every square foot of lot area reduction proposed below the minimum lot area normally permitted for the district must be preserved as open space, and may be counted toward the minimum required open space described above under Section 1283.01 of this chapter.
(d) 
Required yard setbacks shall not be reduced.