[Added 6-3-1991 by Ord. No. 8-91[1]]
It is the overall objective of the Township to utilize the provisions
of this Code to encourage and provide a wider range of housing opportunities
for persons desiring to live in the Township. It is also the goal
of the Township that, in providing alternative housing, adverse impact
be minimized. Each development shall meet the following objectives:
A.
Impact on natural features. It is the goal of the Township that the
impact of development on valuable natural resources and unique natural
features, including but not limited to agricultural soils, steep slopes,
aquifers and aquifer recharge areas, prime deciduous and prime coniferous
tree stands, marshes, swamps and other wetlands, floodplains and such
other features as review of particular site may indicate are worthy
of preservation or special protection, shall be minimized through
sound environmental planning and careful implementation thereof; it
is specifically the goal of the Township that, wherever possible,
plans be developed in such a way as to avoid development on portions
of the site with such natural features, with those features being
preserved as part of the common open space.
B.
Impact on the fiscal system of the Township. It is the goal of the
Township that new development should not create an undue financial
burden for the Township, its school district or its residents, and
thus the net fiscal impact of a development proposed under this section
should not be less than zero through sound fiscal planning by the
developer in the determination of the overall plan.
C.
Impact on public facilities and services. It is the goal of the Township
that adverse impacts of new development on public facilities, such
as transportation systems, stormwater management systems, sewage disposal
systems, water systems, recreational facilities, educational facilities
and other publicly provided systems, services and facilities shall
be minimized through careful planning by the developer to accurately
predict such adverse impacts and to take reasonable actions in cooperation
with the Township to mitigate such adverse impacts.
A.
Minimum area and land use proportions.
A.
Lot size and density. The following shall apply:
(2)
Single-family detached homes as part of a planned residential development:
(a)
Minimum lot size: 1/4 acre.
(4)
Developable area shall be calculated in accordance with the environmental constraint factors as set forth in § 90-14H.
(5)
No more than 25% of the total number of units constructed in a planned
residential development may be single-family detached units.
B.
Other standards for residential development.
(1)
The minimum standards for single-family detached units as set forth
in the R-1 Zone shall apply if only single-family detached dwellings
are proposed. If single-family detached homes are proposed as part
of a planned residential development, the following shall apply:
(2)
The minimum standards for townhouse development are as follows:
(a)
Townhouse units shall consist of dwelling units arranged side
by side, with each unit at least 18 feet in width.
(b)
The minimum setback from collector and arterial streets, as
determined by the Planning Board, shall be 75 feet from the center
line and 50 feet from other property lines, with a landscaped front
yard area. The minimum setback from local streets, as determined by
the Planning Board, shall be 50 feet from the center line and 25 feet
from other property lines, with a landscaped front yard area. The
minimum side yard setback shall be 50 feet. The minimum rear yard
setback shall be 75 feet.
(c)
The maximum height shall not exceed 35 feet and have no more
than 2 1/2 floors.
(d)
The maximum impervious coverage in an area developed for townhouse
use shall be 20%, exclusive of access roadways.
(e)
There shall be no more than six units in any one continuous
structure, and there shall be no more than two units in any unbroken
building line. A setback of not less than four feet shall be deemed
a satisfactory break in the building line.
(f)
A maximum of 30 dwelling units shall be located in any one grouping devoted to townhouse use. The grouping shall be as defined in § 90-3.
(h)
Floor plans and elevations for each typical dwelling shall be
required for preliminary and final site plan approval.
(i)
At least 2.25 off-street parking spaces per unit shall be provided
within each contiguous site, designed and arranged as appropriate.
The Board may permit the applicant to construct only those spaces
necessary rather than all those required by this section. However,
all required spaces shall be shown on the plans. In the event that
additional spaces are required, they shall be constructed as approved.
(j)
Recreational areas and facilities suitable to serve the residents
of the dwelling units shall be provided in accordance with Township
requirements (see open space requirements),[1] located in areas which shall not be detrimental to adjacent
property owners by virtue of noise, light, glare or any other objectionable
features and shall not be adjacent to a public street. Provisions
shall be made for individual rear patios in yards for each townhouse
unit.
(k)
Unless there is a desired viewscape to be maintained, there
shall be a screen of at least 10 feet in width along the perimeter
of the development property.
(l)
The development shall provide sidewalks for pedestrian use.
Public facilities and other standards shall be as permitted
in the R-1 Zone.
The developer shall provide for the establishment of an organization
for the ownership and maintenance of any nonpublic common open space
or facility, and such organization shall be established and regulated
by all applicable standards and conditions of state statute. No such
organization may be dissolved, nor shall it dispose of any common
open space, by sale or otherwise, without first offering to dedicate
the same to the municipality or other government agency.
As a condition to preliminary approval of an application, the
Board may permit the implementation of the plan in whole or in sections
or in stages consisting of one or more sections or stages under the
sequence of actions determined as part of the development plan. Such
sections or stages shall be substantially functionally self-contained
and self-sustaining with regard to access, parking, utilities, open
spaces and similar physical features and shall be capable of occupancy,
operation and maintenance upon completion of construction and development.
An applicant may, at his option, make a concept submission under
this section prior to undertaking the required multifamily dwelling/planned
residential development application process. The purpose of this optional
concept submission is to identify the items of major concern to the
Township in the development proposal, allowing the applicant to concentrate
on those items in the preliminary application phase.
This section provides the required content for the optional
concept submission. This submission shall contain the following:
A.
A regional location map, at a scale of one inch equals 1,000 feet,
showing the location of the site and its relation to:
(1)
Elementary and secondary schools.
(2)
Firehouses.
(3)
Police stations.
(4)
Arterial and limited access highways.
(5)
Recreational areas.
(6)
Shopping and industrial areas.
(7)
Major public buildings and facilities.
(8)
Existing land uses within 500 feet of the site.
(9)
Existing zoning of the site.
B.
A land classification map and report, containing the following:
(1)
Severely restricted lands.
(2)
Moderately restricted lands.
(3)
Least restricted lands.
(4)
Concept report on land classification, including the areas in each
classification in acres, the conditions that exist and an explanation
of how the plan was integrated into these areas and what precautions
were taken to minimize intrusion into or adverse impact on those areas
of severe or moderate restriction.
C.
Sketch physical systems plans and reports.
(1)
A sketch plan for all physical systems, showing sewer collector mains,
water distribution mains and proposed stormwater control and transmission
devices, such as swales, retention/detention ponds, culverts, etc.,
shall be submitted. This plan shall also show the anticipated location
of tie-ins to existing systems.
(2)
A concept report on traffic control, surface drainage, sewage systems
and water supply shall be submitted. This report shall include:
(a)
A report evaluating the possible impact on the intersections
defined as serving the site and stating the anticipated traffic trips,
the capacity of the identified intersections and an evaluation of
the ability of each intersection to accept the projected generations.
These shall be prepared by a licensed professional engineer with a
complete explanation and documentation of the method used.
(b)
A drainage impact evaluation indicating the portion of the site
estimated to be covered with impervious cover expressed in acres and
percent of total site; and a determination of stormwater runoff for
the site in an unimproved condition for a one-hundred-year storm of
24 hours' duration as compared to the anticipated increase in runoff
for the improved site during a one-hundred-year storm of 24 hours'
duration. A statement of what improvements are proposed for the site
to meet the Township standard of no increase in peak stormwater discharge
shall be included. A complete explanation and documentation of methods
and data used shall be included in the report.
(c)
A sewer and water impact evaluation, indicating the amount of
water to be demanded and the amount of sewage effluent to be generated
by the development. These amounts shall be compared to the ability
of existing sewer and water systems to absorb the development demands.
If the systems do not have capacity or do not presently exist, an
explanation shall be provided on how these generations and demands
are to be met.
D.
Sketch land use plan. This submission shall show the approximate
location of all building areas, streets, parking areas, pedestrian
and/or bicycle pathways, areas of common open space or restricted
open space, the types and number of dwelling units, the location of
community facilities and/or structures and the location of all nonresidential
building areas.
E.
Phasing plan and report.
(1)
A sketch plan showing how the project is anticipated to be phased
over time, with notations identifying the total number of various
unit types, the community facilities and/or structures in each phase,
shall be provided.
(2)
A brief report stating the anticipated number of years to complete
the project and the number of phases anticipated; the anticipated
number and type of dwelling units by phase; the anticipated value
of real estate in each phase; and the community facilities and/or
structures in each phase shall be provided.
F.
Site information report. A statement which describes the size of
the site in acres, the location of the site and a general description
of land adjacent to the site within 500 feet shall be provided.
G.
Ownership data report. A statement of the proprietary interest of
the applicant and/or landowner, describing the extent, nature, duration
and limitations of that interest shall be provided.
H.
Fiscal report. This submission shall indicate the municipal and school
district costs caused by the development and the revenues expected
to be generated as a result of real estate taxes derived from the
development. A complete explanation and documentation shall be included.
This section provides the required findings for the optional
concept submission for all multifamily dwelling developments. The
concept review shall consist of an evaluation by the Township Planning
Board of the information submitted by the applicant on the projected
impacts of a development on the natural, physical and fiscal systems
of the Township. The Township Planning Board shall make written findings
on the information submitted. The findings shall include:
A.
Requests for additional information necessary in order to make an
evaluation of a projected impact.
B.
Identification of particular items of major and continuing concern
to the Township during the development process.
C.
Evaluation of the conclusions made by the applicant in light of the
data used to formulate those conclusions.
D.
Discussions, conclusions and representations made in the context
of a concept application and binding neither upon the Planning Board
or the applicant.
Where the Township Planning Board finds that the information
on a particular item submitted by an applicant as part of a concept
submission is adequate in terms of data, calculations, documentation
and analysis to evaluate the impact of the proposed activity, the
Township Planning Board may waive requirements, in conjunction with
request for such waiver, at the time of submission of the preliminary
application. Such a waiver shall not be effective if the plan on which
the preliminary application is based is substantially different from
the plan on which the concept submission was based.
The application for preliminary approval shall contain the following
elements, except that the reviewing agency may, based upon the review
and findings of the concept submission, waive similar requirements
in the preliminary plan approval procedures:
A.
Regional location map.
B.
Natural features inventory and report. This shall include:
(2)
A soils map based on data from the Warren County Soil Conservation
District and/or developed from detailed on-site testing. If the latter
method is utilized, a detailed description with supporting documentation
shall be submitted.
(3)
A vegetation and special features map showing all woodlands; significant
individual trees [16 inches diameter at breast height or greater];
significant tree masses; existing buildings, roads and trails; and
flowing streams, drainageways and ponds.
(4)
A land classification map.
(5)
Natural features report. This report shall include:
(a)
A report summarizing the natural opportunities and constraints
of the site as related to the proposed land development.
(b)
The number of acres and the percent of the total site each classification
enumerated represents.
(c)
A discussion of how the site planning for the site has integrated the natural features in order to minimize adverse impacts on the natural systems in accordance with the statement of objectives in § 90-17 and allowing for explanations of how areas for common open space were selected to minimize such impacts in accordance with the statement of objectives.
(d)
An identification of unavoidable adverse impacts, if any, and
the steps to be taken to minimize those impacts.
C.
Open space plan and report. This submission shall include the following:
(1)
A map showing all areas of the site to be designated as common open
space and the designation of each area according to its potential
use: active recreation, passive recreation or environmental protection.
The map shall also show the size of the designated areas in acres
and its relationship as a percentage of the site as a whole. It shall
show all proposed buildings, facilities or other forms of development
in such common open space.
(2)
An evaluation of the open space plan and how it relates to the minimum
Township standards for common open space and how the plan is integrated
into the overall site plan, its relationship to both the pedestrian
and vehicular circulation plan and how it integrates identified sensitive
areas.
(3)
A statement relating the open space plan to any existing or proposed
Township open space and/or facilities.
(4)
A description of the form of organization proposed to own and maintain
the common open space, a substantive representation of the master
deed, summaries of the substance of covenants relating to the open
space itself and the maintenance organization and an estimated schedule
of fees.
D.
Land coverage and drainage plan and report. This submission shall
include the following:
(1)
All parts of the site which will be covered by paving, building roofs
or other impervious cover. Each category shall be denoted on the map
or legend as to the number of acres involved and the percent of the
total site it represents.
(2)
All parts of the site in which tree cover shall be altered. In the
map legend, the acres to be altered and the percent this represents
to total treed area of the site shall be noted.
(3)
The subdrainage areas of the site and the points at which the stormwater
drainage leaves the site. This shall be performed for the site in
its condition prior to as well as after development. The acreage of
each area shall be noted in the map legend.
(4)
All drainage improvements, including retention/detention ponds and
basins, dams, major drainage swales, culverts and stormwater pipes
in excess of 12 inches in diameter.
(5)
Drainage report. A drainage report shall be submitted and shall include
a drainage impact evaluation defining the unimproved site's current
stormwater discharge by drainage area and for total site area for
a one-hundred-year storm of 24 hours' duration; the acres in cover
types (i.e., trees, lawn, impervious) after improvement; the stormwater
discharge after improvements; the total increase in stormwater discharge
to meet the Township standards, stating that improvement of the land
shall not increase peak runoff flows from a site from its existing
condition.
E.
Sediment and erosion control plan and report. This submission shall
include the following:
(1)
Calculations of estimated soil loss of the site in an unimproved
state, and calculations of estimated soil loss during construction
based upon Warren County Soil Conservation District requirements or
equivalent.
(2)
A plan showing the general location of any structure or device that
is intended to minimize erosion and control sedimentation.
(3)
A clear, concise explanation of structures, devices and techniques
to be utilized during and after construction to minimize erosion and
control sedimentation.
(4)
An evaluation of the effectiveness of the proposals.
F.
Sewer and water plan and report. This submission shall include the
following:
(1)
A sewer and water facilities map showing the location of major collection
and distribution lines for serving the proposed site development,
how and where these systems will tie into existing sewer and water
lines or the location of on-site sewage disposal facility or water-processing
facility (if applicable).
(2)
An explanation of plans to tie into existing sewer or water facilities
and information on the status of efforts to have such tie-ins approved
by the appropriate authorities, a description of proposed sewage treatment
and water processing facilities to be built on the site (where a federal,
state, county or regional agency must approve any such facility before
it can be built, a copy of the application to such agency should be
submitted in addition to such description) and an outline of all approvals
by nonTownship agencies which are required for the erection and operation
of such a plant.
(3)
Calculations of water demands and sewage generation resulting from
the proposed development.
(4)
An evaluation of existing sewer and/or water systems to determine
their capacity. This evaluation shall state the capacities of existing
systems, if any, and relate these capacities to projected demands
to determine what, if any, adverse impacts are to be expected.
(5)
If this evaluation of the sewer and/or water systems reveals that
projected generation and demand will exceed the identified capacities,
then a detailed report shall be submitted describing what improvements
shall be implemented to increase this capacity to a level that will
accept these generations and demands.
(6)
If an independent on-site or interim sewage treatment facility is
proposed, then a description and analysis of the quality of the water
of the discharge from the system and an analysis of the impact of
that discharge on any stream or underground aquifer likely to be affected
by it shall be submitted.
G.
Circulation plan and traffic report. This submission shall include
the following:
(1)
A map showing streets, roads, parking areas and pedestrian/bicycle
pathways. The cartway and right-of-way width for all streets, roads
and pathways shall be shown on the map. The dimension and capacities
of parking areas shall also be shown on the map. The map shall also
show landscaped areas in or immediately adjacent to any part of the
circulation system.
(2)
An evaluation of the internal circulation plan and how it relates
to the anticipated traffic volumes it will handle, how the layout
relates to the terrain and any proposed deviation from Township design
standards.
(3)
An evaluation of the external circulation systems and the impacts
of the traffic to be generated by the development of this system.
(4)
Calculations of the number of motor vehicle trips expected to enter
and leave the site for an average peak hour (PHT).
(5)
Calculation and analysis of the impact of the traffic to be generated
by the development.
H.
Utilities plan and report. This submission shall include the following:
(1)
A map showing any and all easements and lands subject to covenants
for the purpose of providing natural gas, electricity, oil, telephone,
cable television, etc.
(2)
Arrangements and written statements from each local utility company
or distribution service stating the ability to provide the service
or commodity in the quantity necessary to adequately service the development.
(3)
A written statement from all utilities, including cable television,
willing to share a common easement shall be included.
I.
Site plan. This map shall show the following:
(1)
The location, type, height and bulk of all residential structures.
(2)
The location and anticipated classification of all streets and roads,
and the location of all pedestrian and/or bicycle pathways.
(3)
The location of all community structures and facilities.
(4)
The location of all common open space.
(5)
The location of all retention/detention ponds and major drainage
swales.
(6)
Any other buildings, structures or improvements that are necessary
to completely define the intent of the development.
(7)
A closed boundary of the total land area to be developed.
J.
Development schedule plan and report. This submission shall include
the following if project construction is to extend over more than
one year:
(1)
This map shall show the location of the first phase of the development
and the anticipated location of each successive phase. To be included
shall be the number by type of dwelling units areas for each type
in each phase, the amount and location of the common open space, the
location and type of community structures and facilities, the location
of all public improvements and any other improvements necessary to
completely define the development plan.
(2)
A project statistics report shall be submitted. This report shall
include:
(a)
A report spelling out the number of residential units by type
to be constructed.
(b)
The anticipated sales price of each unit type.
(c)
The total value of residential development.
(d)
The acreage of common open space.
(e)
The anticipated value of all public service/facility improvements
with appropriate measurement definition.
K.
Municipal modifications. This report shall describe any modifications
required in any zoning, subdivision, design or evaluation standards
that would be applicable to the site. For each modification, detailed
justification shall be submitted.
L.
Easement and covenants. This report shall contain the substance of
any easements and covenants to be imposed upon the use of the land,
structures or other improvements within the development which are
not presented elsewhere in this application.
M.
Site survey and layout plan. This plan shall include:
(1)
A key and location map showing the relationship of development within
the site and surrounding neighborhood.
(2)
A closed boundary survey of the total land area to be developed with
an accuracy meeting currently accepted standards.
(3)
Locations of existing and proposed permanent monuments.
(4)
Location, type and description of existing buildings, roads, easements,
watercourses and drainageways on and within 500 feet of the development
area.
(5)
Location and dimensions of all proposed buildings and other structures.
(6)
Horizontal alignment and geometry and clear sight dimensions for
all proposed roads and intersections.
(7)
Designation and description of areas to remain as commonly held or
publicly held open space and easements.
(8)
Certification by a licensed land surveyor and/or professional engineer,
as appropriate.
N.
Clearing, grading and drainage plan. This plan shall include:
(1)
Location and defined limits of all clearing and/or removal of vegetation
cover.
(2)
Existing and proposed grades within the development area at a contour
interval of two feet or less. Where grades exceed 15%, a five-foot
contour interval may be used.
(3)
Location and proposed grades and elevations for all buildings, roads,
walks, storm sewers and other drainage structures and devices, retaining
walls and other landscape constructions.
(4)
Profiles of existing and proposed grades for roads, storm sewers
and swales abutting and within the site.
(5)
Cross sections and typical construction details for all existing
proposed buildings, roads, drives, parking areas, walks, drainage
facilities and other construction elements within the site.
(6)
Location and proposed treatment of all critical and historic features
(e.g., wetlands, stone rows, steep slopes).
[Added 12-7-2000 by Ord. No. 2000-11]
O.
Erosion and sediment control plan. This plan shall include a map
and narrative report containing at least the following information:
(1)
General description of the plan's intent and its relationship to
stormwater runoff control.
(2)
Location and description of the staging of earthmoving activities
and their relationship to construction and development operations
and methods.
(3)
Location and description of temporary control measures and facilities
to be employed before and during construction.
(4)
Location and description of permanent control measures and facilities
to be employed for restoration of the developed area and long term
protection after construction.
(5)
Description of maintenance program for the removal and disposal of
materials from control facilities and methods to be employed to ensure
adequate performance of facilities.
(6)
Any other data required by the Warren County Soil Conservation District.
P.
Utilities system plan. This plan shall include:
(1)
Type and description of all utility lines located with dimensions.
(2)
Location, elevation and types of all manholes, hydrants and light
standards.
(3)
Profiles of existing and proposed grades for sanitary sewer and water
lines.
(4)
Location and typical construction details for utilities and easements.
(5)
Certification by a licensed professional engineer.
R.
Common open space organization documents. These documents shall include:
(1)
Articles of incorporation for any homeowners' association or other
organization to maintain the common open space or community facilities.
(2)
Bylaws and membership rules and regulations of any such organization
defining its rights, duties and responsibilities.
(3)
A copy of the master deed detailing the rights and privileges of
individual owners in the areas of common ownership.
(4)
Covenants or easements restricting the use of the common open space.
(5)
Covenants or agreements requiring homeowners or residents to pay
the organization for the maintenance of the common open space and/or
community facilities. This shall include a proposed schedule of membership
fees for at least the first three years of operation.
S.
Other covenants and easements. These documents shall include any easements or covenants affecting any land in the development other than those easements and covenants already specified in Subsection R of this section.
T.
Other maintenance agreements. These documents shall include any existing
or proposed agreements under which private roads will be maintained,
refuse collected or other supplementary services provided.
U.
Offer of dedication. The offer of dedication shall include all legal
requirements for a valid dedication to the Township, or, where appropriate,
to another governmental body of roads or other improvements intended
for public ownership.
V.
Performance guaranty. This guaranty shall be in the amount and in
the form required by the Township Planning Board in the resolution
granting preliminary approval.
The Township Planning Board shall, by written resolution, either
grant preliminary approval of the plan as submitted, grant preliminary
approval subject to specified conditions not included in the plan
as submitted or deny preliminary approval of the plan. In the event
that preliminary approval is granted, either of the plan as submitted
or of the plan with conditions, the Planning Board shall, as part
of its resolution, specify the drawings, specifications and form of
performance bond that shall accompany an application for final approval.
The grant or denial of preliminary approval by written resolution
shall include not only conclusions but also findings of fact related
to the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial. Said resolution shall
set forth, with particularity, in what respects the plan would or
would not be in the public interest, including but not limited to
findings of fact and conclusions on the following:
A.
Permissible density determination. Based upon an evaluation of how
the demands and generations of the development will impact on the
capacities of the existing Township systems and how any adverse impacts
will be minimized, overall density within the boundaries of the zone
will be determined.
B.
Specific findings. The approving agency shall make the following
findings:
(1)
In what respect the plan is or is not consistent with the statement of objectives for multifamily developments in § 90-17.
(2)
To what degree the plan respects the natural features of the site. Specifically with reference to the lands classified in § 90-14H, the approving agency shall find:
(a)
The degree to which severely restricted lands have been encroached
upon.
(b)
The degree to which stands of trees have been respected. Particular
emphasis will be directed toward the preservation and integration
of prime or unique tree stands and specimen trees into the plan.
(c)
To what degree unique or sensitive natural features have been
integrated into the common open space system to minimize adverse impact.
(3)
Whether stormwater runoff has been controlled on the site to meet
the Township standard that no additional peak runoff shall be discharged
during a one-hundred-year storm of 24 hours' duration.
(4)
Whether the sewage effluent generated by the development can be disposed
of in a manner that will not exceed the capacities of public systems
or, if an on-site or interim facility is to be utilized, whether the
sewage effluent generated will degrade any flowing stream or underground
water resource.
(5)
To what degree potable water demands generated by the development
can be met from existing public or private systems. If a new on-site
system is proposed, whether it will meet the demands of the development.
(6)
To what degree the internal circulation system is able to handle
the traffic generated by the development and to what degree the existing
external circulation system as identified by the critical intersection(s)
is capable of handling the traffic generated by the development.
(7)
Whether the proposed open space system meets the standards of the
Township.
(8)
Whether public utilities are available to meet the demands of the
development.
(9)
To what degree existing school district facilities are capable of
absorbing the school age children to be generated by the development.
(10)
Whether the municipal fiscal system is capable of absorbing
the additional costs of servicing the development in relation to the
real estate tax revenues generated.
(11)
Whether the school district fiscal system is capable of absorbing
the additional costs of educating the children generated by the development
and/or providing new facilities resulting from this generation in
relation to the real estate tax revenues generated.
(12)
To what degree the erosion and sedimentation control submission
addresses the need to minimize on-site erosion and provides adequate
sedimentation control to minimize off-site as well as on-site adverse
impacts.
C.
The approving agency shall consider the extent to which the plan
departs from zoning and subdivision regulations otherwise applicable
to the subject property, including but not limited to density, bulk
and use and the reasons why such departures are or are not in the
public interest.
D.
The approving agency shall consider the physical design of the plan
and the manner in which said design does or does not further the amenities
of light and air, recreation and visual enjoyment.
E.
The approving agency shall consider the relationship, beneficial
or adverse of the proposed planned development to the neighborhood
in which it is proposed to be established.
F.
In the case of a plan which proposes development over a period of
years, the approving agency shall consider the sufficiency of the
terms and conditions intended to protect the interests of the public
and of the residents and owners of the multifamily dwelling development
in the implementation of the plan as submitted.
In the event that a plan is granted preliminary approval, with or without conditions, the Township Planning Board may set forth in the written resolution the time within which an application for final approval of the plan shall be filed or, in the case of a plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. The resolution shall further set forth the drawings, specifications, covenants, easements and other information required to be included in the application for final approval, provided that if the resolution is silent as to such requirements, then the Township Planning Board shall be deemed to have required the submission of all the items in § 90-33 et seq. The resolution shall also set forth the form of a performance guaranty or guaranties to be submitted at the time of the application for final approval(s).
Preliminary approval of a plan shall not qualify a plat of the
multifamily dwelling development for recording nor authorize development
or the issuance of any building permits. A plan which has been given
preliminary approval as submitted or which has been given preliminary
approval with conditions which have been accepted by the landowner,
provided that the landowner has not defaulted nor violated any of
the conditions of the preliminary approval, shall not be modified,
revoked or otherwise impaired by action of the municipality, pending
an application or applications for final approval, without the consent
of the landowner, provided that an application for final approval
is filed or, in the case of a development over a period of years,
provided that applications are filed within the periods of time specified
in the resolution granting preliminary approval.
An application for final approval may be for all the land included
in a plan or, to the extent set forth in the preliminary approval,
for a section thereof.
An application for final approval shall include such drawings,
specifications, covenants, easements and conditions as were required
by the Township Planning Board in its resolution granting preliminary
approval, provided that, if the resolution is silent as to such requirements,
the Planning Board shall be deemed to have required the submission
of the following:
A.
Final plan submission requirements, evaluations and procedures for
all multifamily dwelling applications shall comply with those set
forth by the Township.
B.
Comparison to preliminary plan.
(1)
A final application comparison report defining the development plan
for the phase being applied for shall be submitted and include the
following:
(a)
The total number of dwelling units to be constructed.
(b)
The number by type of dwelling units to be constructed.
(c)
The number by type of community facilities and/or structures
to be constructed.
(d)
The amount of common open space preserved.
(e)
The nature and cost of public improvements provided.
(f)
The anticipated value of residential construction.
(g)
A comparison to the development schedule report as approved
in the preliminary plan procedures for the applicable phase. This
comparison shall note any changes or variations from the approved
submission indicating the scope of the changes. If applicable, a report
documenting the nature and reasons for the changes shall also be submitted.
Final approval shall constitute authority for the Construction
Official to issue building permits and for the developer to file final
subdivision plats.
A public hearing on an application for final approval of the
plan, or part thereof, shall not be required, provided that the plan,
or the part thereof, submitted for final approval is in substantial
compliance with the plan theretofore given preliminary approval.
In the event that the plan as submitted for final approval is
not in substantial compliance with the plan as given preliminary approval,
the Township Planning Board shall, within 45 days of the date the
application for final approval is filed, so notify the landowner in
writing, setting forth the particular ways in which the plan is not
in substantial compliance. The applicant may:
A plan, or any part thereof, which has been given final approval
by the Township Planning Board, shall be so certified without delay
and shall be filed in the office of the County Clerk before any development
shall take place in accordance therewith. All costs for such filing
shall be borne by the applicant and are enumerated in the schedule
of filing fees available at the Township Municipal Building.
All materials required to be submitted to the Township or to
any agency of the Township under this Article shall be submitted to
the Planning Board Secretary. Materials which must be received by
a particular date under this Article must be received by the Secretary
prior to 4:00 p.m. on that date or, if that date is a Saturday, Sunday
or a holiday, before 4:00 p.m. on the first working day prior to that
date.
Reports and other written materials shall be on paper of 8 1/2
inches by 11 inches, bound within a loose-leaf notebook or a spiral
binding. Maps, unless otherwise approved by the Planning Board, in
writing, shall be at a scale of one inch equals 200 feet for sites
of more than 50 acres and a scale of one inch equals 100 feet for
sites of 50 acres or less for the concept and the preliminary plan
submission. All map submissions for final plan submission shall be
at a scale of one inch equals 40 feet. All such maps shall not exceed
30 inches by 40 inches unless otherwise approved in writing by the
Planning Board. The applicant shall submit 12 copies of all reports
and maps required under this Article.
A copy of the current application fee schedule can be obtained
at the Township Municipal Building. An application under this Article
shall be considered a site plan.
A.
Enforcement by Township. The provisions of the plan relating to the
following items shall be enforceable in law or in equity by the Township:
B.
Enforcement by the residents and owners. All provisions of the plans
shall run in favor of the residents and owners of the multifamily
dwelling community, but only to the extent expressly provided in the
plan and in accordance with the terms of the plan; and, to that extent,
said provisions, whether recorded by plat, covenant, easement or otherwise,
may be enforced at law or equity by said residents and owners, acting
individually, jointly or through an organization designated in the
plan to act on their behalf; provided, however, that no provisions
of the plan shall be implied to exist in favor of residents and owners
of the multifamily dwelling development except as to those portions
of the plan which have been finally approved and have been recorded.
C.
Modification of the plan by the Township. All those provisions of the plan authorized to be enforced by the Township under Subsection A of this section may be modified, removed or released by the municipality (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the
plan by the Township shall affect the rights of the residents and
owners of the multifamily dwelling development to maintain and enforce
those provisions at law or equity.
(2)
No modification, removal or release of the provisions of the plan
by the municipality shall be permitted except upon a finding of the
Township Planning Board, following a public hearing, that the same
is consistent with the efficient development and preservation of the
entire multifamily dwelling development, does not adversely affect
either the enjoyment of land abutting upon or across a street from
the planned development or the public interest and is not granted
solely to confer a special benefit upon any person or group.
(3)
Modification by the residents. Residents and owners of the multifamily
dwelling development may, to the extent and in the manner expressly
authorized by the provisions of the plan, modify, remove or release
their right to enforce the provisions of the plan.
