120.00 Acres or greater 16 plus one
additional split for each full 40 acres over 120 acres.
One of the lots created above
shall encompass a minimum of sixty percent (60%) of the Master Parcels
pre-existing area. It shall also contain minimum of half of the Master Parcels Buildable
Lands including a majority of the parcels Prime and Unique
Farmlands. (*Note: There shall be no maximum lot depth to width ratio requirements
for this lot if it shall be held in common ownership by the surrounding lot
owners.)
3. Option
#3 - Conservation Subdivision Planned Unit Development Option
Eligibility: Master Parcels not previously split
may be developed per this option. In
addition Master Parcels previously split under either Options 1 or 2 may
further developed under this option, provided all previous splits along with
any additional new splits shall conform with the provisions of this option (3).
Maximum Developable Land Area: An area equivalent
to a maximum 50% of the Master Parcel's Buildable Land may
be divided into small lots. A Master
Parcels Buildable Land’s will include all areas except Wetlands,
areas within the 100-year floodplain and areas with slopes greater the 25% as
identified in the Charlevoix County Soil Survey.
The
maximum number of new lot splits in this area shall be determined through the
development of a Conceptual Yield Plan as outlined below.
The
remainder of the Master Parcel shall be designated as
Conservation Lands to be permanently protected by a conservation easement
Developing a Conceptual Yield Plan to Determining Maximum Allowable Lot Density Under Option 3: The maximum number of new lots which may be created on the remaining Master Parcel lands (not covered by a conservation easement) shall be limited to the number which could have been realized if the Master Parcel were developed into a Aconventional@ subdivision with lots a minimum of 2 acre in area.
In order to calculate this number, the applicant shall submit a conceptual yield plan. This plan shall containing proposed lots, streets, rights‑of‑way, and other pertinent features laid out in a Aconventional@ manner. Although this plan must be drawn to scale, it need not be based on a field survey. It must however, be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
The following dimensional standards shall be used in the development of the conceptual yield pan:
Minimum Lot Size: 2 acres
Minimum Road Frontage 200 feet
Maximum Lot Depth to Width Ratio 4:1
Minimum Lot Width at the Building Line 200 feet
Minimum Lot Buildable Land Area .25 acre
Minimum Building Setbacks Front yard 50'
Side yard 20'
Rear yard 20'
Waterfront 100'
In those situations when sewer will not service new lots, density shall be further determined by evaluating the number of homes that could be supported by individual septic systems on conventional lots. Based on soil septic suitability information from the Soil Survey of Charlevoix County and the Natural Resources Conservation Service, the Planning Commission shall select a 10% sample of the conceptual yield plan lots considered to be marginal for on‑site sewage disposal. The applicant will be required to provide evidence from the District Health Department that these lots would be considered suitable. If all lots chosen meet this standard, the applicant shall be granted the full density determined by the plan. Should any of the lots in a sample fail to meet the standards for individual septic system, those lots shall be deducted from the yield plan and a second 10% sample shall be selected by the Planning Commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standards for individual septic systems.
Endowment Lot Density Bonuses for Option 3: In addition to the maximum lot density as determined above, when the required easement covering Conservation Lands shall be held in part by a locally recognized non-profit land conservancy, a maximum of two additional lots may be allowed. The proceeds for the sale of these lots shall be used solely an endowment to cover the expenses for monitoring compliance with the conservation easement.
Siting Criteria for New Lots and Building Footprints Created Under Option 3: Diversity and originality in lot layout are encouraged to achieve the best possible relationship between development and conservation areas. In evaluating the layout of proposed lots (and the resulting Conservation Lands) the following criteria will be considered by the Planning Commission as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purposes of this ordinance. Siting criteria are list in order of there importance. New lots and Building Footprints shall be laid out in a manner that:
a) Protects and preserves all floodplains, Wetlands, and steep slopes (25% or greater) from clearing, grading, filling, or construction.
b) Maintains or creates an undisturbed upland buffer of natural native vegetation of at least 100 feet in depth adjacent surface waters, including lakes rivers and streams.
c) As much as practical preserves and maintains, existing fields, pastures and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses. In those situations where development must be located in these areas due to greater constraints in all other parts of the site, as much as practical dwellings should be sited on the least Prime and Unique farmland soils.
d) Minimizes impacts on large woodlands five acres or greater in area, especially those located on prime or important farmland soils or those located on prime timberland soils.
e) Provides that existing trees be retained or new plantings be made and maintained to soften the visual impact of new construction sited on prominent hilltops or ridges as seen from public roads and waterways.
f) Designs around and preserves sites of historic, archaeological, or cultural value, and their environs, insofar as needed to safeguard the character of the feature.
g) Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting directly onto existing public roads.
h) Provides that Conservation Lands shall be reasonable contiguous. While Conservation Lands are exempt from the maximum lot depth to width ratio requirements of this Ordinance, fragmentation of these lands shall as much as practical be minimized so that these lands are not divided into numerous small parcels located in various parts of the development.(except for common greens and playground areas)
Ownership of Conservation Lands Under Created Under Option 3: Ownership of Conservation Lands may remain with the original Master Parcel owner, a homeowners association made up of surrounding lot owners or any another individual or group.
Allowable Uses and Protection of Conservation Lands Under Option 3: Conservation Lands may be used for any purpose allowed under Section 15.2 - Allowable Uses. In addition, Conservation Lands shall be covered by a conservation easement prohibiting their future splitting into parcels less than 40 acres in area. This easement will also prohibit the construction of more than two (2) dwellings on any single parcel of Conservation Lands. The conservation easement shall be held jointly by both the Township and by either a Home Owners Association made up of the owners of all lots created from the Master Parcel or a recognized local land conservancy or both.
Section 15.4 -
Application and Site Plan Review Process
A. A pre-application conference between the applicant, the site designer and the planning commission (or its designated agent) is encouraged for all parcels to be split under the provisions of Option 1. This conference shall be mandatory for parcels to be split under the provisions of Options 2 or 3. At this session the parties shall discuss the applicants objectives and how these may be achieved under the Ordinance. Conceptional sketch plans and yield plans may be developed by the applicant for this session. However, no engineered site plans or surveys will be accepted at this conference. If necessary a site visit may be scheduled at this conference.
B. After the pre-application conference (and site visit if needed) applicants developing properties under Options 2 or 3 shall submit nine copies of a proposed site plan (drawn to scale) containing at minimum the following information
1. Name and address of the applicant.
2. Boundaries and dimensions of the existing Master Parcels.
3. Location of existing structures.
4. The site plan shall include the soil mapping units from the 1974 Soil Survey of Charlevoix County Soil. In addition, the location of existing cover types/uses such as agricultural lands, forestland, other open spaces, wetlands, etc. shall also be included.
5. Location and dimensions of proposed new lots, conservation lands, Building Footprints, common recreation facilities, common drives and other private roads.
6. Other information deemed necessary by the Planning Commission to insure conformance with this Ordinance or other applicable township, county, state or federal regulations.
7. In addition to the above, if required under provisions of this ordinance, the applicant shall provide copies of the proposed conservation easement, which shall cover Conservation Lands.
C. Upon receipt of a completed application the Planning Commission shall take action or hold a public hearing for Planned Unit Developments. Notification of public hearings shall be done in accordance with the Special Land Use provisions of this Ordinance.
D. The Planning Commission shall review all proposed property splits under the above options to insure all of the conditions of this District have been met. It shall prepare a report stating it's decision, the basis for its decision and any conditions related to the decision. Upon a finding by the Planning Commission that the Site Plan and/or other required documents are in compliance with the provisions of this District, the application for land division shall be approved.
E. All Planned Unit Development approvals shall be valid for a period of one year from the date of approval (or adoption of this provision for those Planned Unit Developments approved before this provision). If no substantial construction activities have taken place in that time period the applicant may reapply for a single one-year extension.
SECTION 2 AMENDMENTS
TO CHAPTER 22 DEFINITIONS
CHAPTER 22 OF THE MARION TOWNSHIP ZONING ORDINANCE SHALL BE AMENDED TO INCLUDE THE FOLLOWING DEFINITIONS:
Section 22. Building Footprint
The boundaries on a lot, parcel or condominium unit in which the principal building or structure intended for or constructed together with any attached or detached Accessory Buildings are sited.
Section 22. Condominium Unit
That portion of a Condominium Project designed and intended for separate ownership and use as, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time share unit or any other type of use.
Section 22. Master Parcel
A parcel of land, or a series of adjacent parcels of land, under the same ownership as of the date of adoption of this ordinance.
Section 22. Prime Farmlands
Those Soil Mapping Units identified
in the Soil Survey of Charlevoix County that have the best combination of physical
and chemical characteristics for producing food, forage, fiber, and oilseed
crops. The following Soil Mapping Units
are included in this definition: EmA, EmB, EoA & EoB.
Section 22. Unique Farmlands
Those areas that because of soil qualities, growing season, temperature, humidity, elevation, aspect and moisture supply are uniquely suited for the production of specific high value food and fiber crops. Areas included in this definition are limited to those identified with Slight@ or Moderate limitations in the 1975 Red Tart Cherry Site Inventory for Charlevoix & Emmet Counties.
SECTION 3 INCLUSION OF A NEW APPENDIX A
THE FOLLOWING APPENDIX A SHALL BE INCLUDED IN THE MARION TOWNSHIP ZONING ORDINANCE.
APPENDIX A
Determining Conformance with Lot Depth to Width Ratio Requirements
The following method shall be used to determine the conformance of new lots with the lot depth to width ratio requirements of the Marion Township Zoning Ordinance.
New lots shall be considered to be in conformance with ordinance lot depth to width ratio requirements, when the shortest interior measurement between the furthest two points on the lot is less than or equal to the diagonal measurement of an equivalent rectangular shaped lot of the same area that meets the ordinance's maximum depth to width ratio requirements.
To illustrate this concept Lots 1 and 2 below are both 40,000 square feet in area. Lot 1 has a depth four times greater than it=s width, the maximum allowed in this situation. The diagonal measure of this lot is 412.21 feet. In this case Lot 2 would also be considered to be in conformance with the 4 to 1 maximum depth to width ratio requirement since the shortest interior distance between the two most distance points is less than diagonal measurement of Lot 1.
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Lot 1 |
Lot 1 Lot 2
Diagonal measurements for different lot depth to width ratio requirements shall be calculated using the following formulas.
Depth to Width Ratio Formula
2 1/2:1 /(Lot Area*/2.5) x 2.693
4:1 /(Lot Area*/4) x 4.123
*Note: Lot area is in square feet
Example: A proposed 25
acre lot (1,089,000 square feet) is located in a Zoning District with a maximum 2.1/2:1 lot depth to width
ratio requirement. Using the above
formula this lot would be considered in compliance with the depth to width
ratio requirements if the shortest interior distance measurement between the
furthest two points on the lot is 1,777.38 feet or less.
[/(1,089,000/2.5) x 2.693= 1777.38 feet]
SECTION 4 -
SEVERABILITY
THE VARIOUS PARTS, SECTIONS AND CLAUSES OF THIS ORDINANCE ARE HEREBY DECLARED TO BE SEVERABLE. IF ANY PART, SENTENCE, PARAGRAPH, SECTION OR CLAUSE IS ADJUDJED UNCONSTITUTIONAL OR INVALID BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE ORDINANCE SHALL NOT BE AFFECTED THEREBY.
SECTION 5 - EFFECTIVE DATE
THIS ORDINANCE SHALL BE COME EFFECTIVE IMMEDIATELY UPON PUBLICATION IN THE PETOSKEY NEWS-REVIEW