Township of New Garden, PA Plan Requirements.

[1]

Editor’s Note: This ordinance also repealed former Subsections C, D and E, all of which set forth recommendations for material to be submitted with the sketch plat.

A complete preliminary plan shall include all the information described by this section, including the studies, analyses, and documents as may be required.

Drafting standards. All plans, drawing, and other sketches shall conform with the following standards:

(1)

Preliminary plans must be submitted in the form of xerographic copies or diazo prints made from original drawings on reproducible paper or Mylar and shall show the property boundaries of the entire tract being subdivided or developed.

(2)

The preliminary plan shall be at a scale of not more than 100 feet to the inch.

(3)

The maximum size of plan drawings shall be 34 inches by 44 inches. The minimum sheet size shall be 17 inches by 22 inches. Where more than two sheets are required, an overall key sheet shall be provided, and match lines must be shown on each sheet. A set of plans shall consist of uniformly sized sheets.

(4)

Tract boundaries with bearings and distances. Bearings shall be shown to the nearest seconds. All linear dimensions shall be shown to the nearest 0.01 of a foot.

(5)

Proposed lot layout with the area of each in acres, calculated to the nearest 0.001 of an acre. Proposed lots smaller than one acre shall be further labeled with their lot size to the nearest square foot.

Plan content. In order to be considered complete, all plans shall contain at least the following:

(1)

The preliminary plan shall be submitted with a completed Township form requesting review and the complete review fee as established by the Board of Supervisors.

[Amended 2-25-2013 by Ord. No. 196]

(2)

Site context map. A map showing the location of the proposed subdivision or land development within its neighborhood context shall be submitted.

[Amended 8-12-2002 by Ord. No. 148; 2-25-2013 by Ord. No. 196]

(a)

For sites under 100 acres, such maps shall be at a scale not less than one inch equals 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet and shall show the above relationships within 2,000 feet of the site.

(b)

The features to be shown on a site context map include:

[1]

Topography (from the most current United States Geological Survey maps).

[2]

Streams and watercourses, drainage basins and subbasins.

[3]

Wetlands (from the most current maps published by the United States Fish and Wildlife Service or the United States Department of Agriculture Natural Resources Conservation Service).

[4]

Woodlands over 1/2 acre in area (from aerial photographs).

[5]

Ridgelines.

[6]

Public roads, trails, utility easements, pipelines and rights-of-way.

[7]

Public land and land protected under conservation easements.

[8]

Zoning district boundaries.

[9]

Existing property lines.

[10]

Names of owners of all properties and the names of all subdivisions.

(c)

The above information may be superimposed on an aerial photograph.

(3)

Background data and supporting documentation.

[Amended 2-25-2013 by Ord. No. 196]

(a)

The preliminary plan shall show the following background data:

[1]

Proposed subdivision name or identifying title and intent of plan.

[2]

Municipality and location map at a scale not less than one inch equals 2,000 feet. The location map shall be on each sheet and with identical orientation to the plan.

[3]

North arrow, scale, date of original drawings and any revisions, and an approvals block. The approvals block shall be located in the lower right-hand corner of each sheet requiring municipal signatures.

[4]

Name of recorded owner of property and applicant along with appropriate tax data from the Chester County Tax Assessment Office necessary to identify the property.

[5]

Name and seal of the registered professional engineer, surveyor, architect, or landscape architect responsible for the plan.

[6]

Block numbers and lot numbers, which shall be consecutive throughout the subdivision and not independent for each block or phase of the proposal.

[7]

The minimum building setback line from each street.

[8]

The names of owners of all abutting unplatted land and the names of all abutting subdivisions.

[9]

Where the preliminary plan covers only a part of the applicant's entire holding, a sketch shall be submitted of the prospective street layout for the remainder to determine how safe and efficient access will be provided to the remainder of the property and how future subdivision and land development will relate and interact with the current proposal.

[10]

A summary of the area and bulk standards applicable to the zoning district(s) in which the proposal is located shall be written on the plan.

[11]

All zoning boundaries, if any, that transverse or are within 300 feet of the area covered by the plan.

(b)

All plans shall include the following supporting documentation:

[1]

Maintenance responsibilities and use restrictions for all rights-of-way and easements within or adjacent to the tract shall be described on the plan. The ownership of all such rights-of-way and easements shall also be indicated, including the owner's name, address, and a contact person. The applicant shall not be required to supply this information for rights-of-way for existing public roads.

[2]

A statement of the proposed method of water supply, including evidence that such source is capable of providing a reliable supply of potable water in sufficient quantity for the entire proposed development.

[3]

A statement of the proposed method of sewage disposal. Where on-site sewage disposal facilities are proposed, the applicant shall submit a statement with regard to the suitability of the soil to absorb sewage wastes. Where, in the opinion of the Township Engineer, doubt exists about the ability of the soil to absorb such waste, the Board may require further analysis as provided in § 170-41 of this chapter.

[4]

A statement describing all proposed public improvements, including streets, curbs, and stormwater facilities.

(4)

Site analysis plan. For all subdivisions and land developments, a site analysis plan shall be prepared to provide the applicant and the Township with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described based on existing published data available from governmental agencies and from aerial photographs. A written analysis shall accompany the plan. The following information shall be shown:

[Amended 2-25-2013 by Ord. No. 196]

(a)

Existing natural features.

[1]

An aerial photograph at a scale that matches the scale of the site analysis plan, with property lines shown.

[2]

Topography.

[a]

Contour lines with a vertical interval of not more than two feet for land with average natural slope of 8% or less, and at intervals of not more than five feet for land with average natural slope exceeding 8%. Contours shall be established by survey of the tract and shall not be enlarged from United States Geological Survey Quadrangle maps or any other similar source. Photogrammetric mapping, based on aerial photographs and ground control, should be based on photographs taken within 24 months of the submission. A single Mylar copy of the site topography depicting the existing topographic features and elevation contour lines, and excluding all proposed improvements and subdivision features, should accompany the preliminary plan submission. It should bear the identification of the map preparer, date of aerial photography or ground survey, and the location of applicable horizontal and vertical (bench marks) control points.

[b]

Datum to which control elevations refer. Where possible, datum shall refer to known, established elevations (United States Coastal and Geodetic Survey or Pennsylvania Department of Transportation bench marks).

[c]

Slopes between 15% and 25% and, slopes exceeding 25% shall be indicated on the plan.

[3]

The location and delineation of wetlands, ponds, streams, ditches, drains, and natural drainage swales, as well as the one-hundred-year floodplains.

[4]

Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland, specimen trees, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.

[5]

Tree protection criteria, including but not limited to the following:

[a]

Location of existing woodlands, and an accurate field survey of the location, size and species of all trees having a caliper of six inches or greater, whether standing alone or within the existing woodlands.

[b]

Location of all trees to be saved, including their trunk and dripline locations. Driplines should be plotted accurately, to scale. When groups of trees are to be saved, only the location of the trees on the perimeter must be shown.

[c]

Location of the tree protection zone.

[d]

The location of any proposed retaining walls around trees to be saved.

[e]

Construction details of any retaining walls shall be provided, including special soil and fill mediums where applicable.

[f]

Any grade changes which would alter surface and/or subsurface water movement either to or from the tree protection zone must also be indicated.

[g]

Tree preservation techniques, in accordance with § 170-49 of this chapter.

[h]

Express statements that development shall at all times adhere to the requirements of § 170-49 of this chapter.

[6]

Soil series, types and phases, as mapped by the United States Department of Agriculture Natural Resources Conservation Service in the published soil survey for Chester County, and accompanying data tabulated for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability). The following soil types shall be specifically identified:

[a]

Alluvial soils.

[b]

Seasonal high water table soils.

[c]

Hydric soils.

[d]

Class I and II agricultural soils.

[e]

Soil hydrologic group (i.e., Group A, B, C or D).

[7]

Ridgelines and watershed boundaries.

[8]

Geologic formations, including rock outcroppings, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.

[9]

Any portion of the tract identified as a "rare species site."

[10]

A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, and state game lands. Significant scenic views from the property shall also be delineated.

(b)

Existing man-made features, including:

[1]

Location, dimensions, and use of existing buildings, driveways and any other man-made features on the site.

[2]

Location, names, widths, center-line courses, paving widths, identification numbers, and rights-of-way of existing streets and alleys.

[3]

Locations of trails that have been in public use (pedestrian, equestrian, bicycle) or are proposed on a municipal or county open space or greenway plan.

[4]

Location and size of existing utilities.

[5]

Any easements, deed restrictions, rights-of-way, or any other encumbrances upon the land, including location, size and ownership.

[6]

Site features or conditions, such as hazardous waste, dumps, underground tanks, active and abandoned wells, quarries, landfills, sand mounds, and artificial land conditions.

[7]

Locations of historically significant sites or structures on the tract, including, but not limited to foundations, cellar holes, stone walls, earthworks, and burial sites. Any portion of the site located within an Historic District, and historical resources identified in the New Garden Township Comprehensive Plan (2005).

(c)

Plan of proposed features.

[1]

Proposed buildings and structures, with their proposed uses indicated.

[2]

Proposed streets, trails, utility corridors and other public infrastructure, with a note regarding their status in New Garden Township and Chester County plans.

[3]

All street extensions or spurs as are reasonably necessary to provide adequate street connections and facilities to adjoining or contiguous developed or undeveloped areas.

[4]

Proposals requiring access to roads under the jurisdiction of the Pennsylvania Department of Transportation shall bear a notice that a highway occupancy permit is required pursuant to Section 420 of the State Highway Law (P.L. 1242, No. 428), 36 P.S. § 670-101 et seq., before access to a state road is permitted.

[5]

Playgrounds, public buildings, public areas, and parcels of land proposed to be dedicated or reserved for public use shall be indicated.

[6]

The proposed location of grading, contours, new roads, and stormwater management facilities.

[7]

Where common open space will be provided as part of a cluster development, the applicant shall document the four-step design process required in § 170-49.1, Common open space.

(5)

Erosion, sedimentation, and stormwater management plan.

(a)

This plan shall be required when any applicant expresses intent to change the natural state of any land proposed to be subdivided, developed, or changed in use by grading, excavating, removing, or destroying the natural topsoil, trees, or other vegetative covering.

(b)

The plan shall demonstrate adherence to § 170-36 of this chapter.

(c)

The designer or engineer responsible for preparation of the plan shall include in the plans adequate measures for control of erosion and siltation, following the guidelines and policies of the Chester County Soil and Water Conservation District.

(d)

The approved plan for erosion, sedimentation, and stormwater management and the control practices endorsed thereby shall be incorporated into an agreement between the Township and the applicant. The agreement shall include a cash or cash equivalent guarantee which will assure the Township that emergency measures could be taken by the Township at the expense of the applicant if said applicant does not initiate management measures within a specified time.

(e)

The following control measures are typical of the type required in an effective plan for erosion, sedimentation, and stormwater management:

[1]

The smallest practical area of land should be exposed at any given time during development.

[2]

When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

[3]

Where necessary, temporary vegetation or mulching shall be used to protect areas exposed during development.

[4]

Sediment traps, including debris basins, desilting basins, and silt traps, shall be installed and maintained to remove sediment from runoff waters from land undergoing development.

[5]

Provisions shall be made to mitigate the increased peak runoff caused by changed soil and surface conditions during and after development.

[6]

Permanent, final vegetation and structures shall be installed as soon as practical in the development.

[7]

The development plan should be fitted to the topography and soils so as to create the least erosion potential.

[8]

Wherever feasible, natural vegetation shall be retained and protected. Indiscriminate cutting of trees is prohibited.

(f)

The erosion, sedimentation and stormwater control plan shall include the following information:

[1]

The delineation of pertinent drainage areas.

[2]

Indications of hydrologic soil groups within the drainage areas, using descriptions from the publications, Urban Hydrology for Small Watersheds, Tech. Release #55 of the Soil Conservation Service, June 1986. (Soil classifications are available in the Soil Survey of Chester and Delaware Counties.)

[3]

A narrative indicating the assumptions made and the resulting runoff curve numbers for the prevailing (preconstruction) conditions shall be based on either "meadow" (in good condition), or "forest land," as applicable, and as indicated in Urban Hydrology for Small Watersheds, Tech. Release #55 of the Soil Conservation Service, June 1986.

[4]

Runoff computations for the twenty-four-hour, two-, five-, ten-, twenty-five, fifty-, and one-hundred-year storm.

[5]

a The location and type of sediment and erosion control measures. Such measures shall be in compliance with § 170-36.

(6)

Improvement and construction plan. An improvement and construction plan shall be required whenever an improvement is to be constructed or installed.

(a)

The improvement and construction plan shall be drawn at the same scale as the preliminary plan.

(b)

The improvement and construction plan shall contain sufficient information to provide working plans for the layout and construction of proposed improvements, including public and private streets, utilities, and stormwater retention structures. The plan shall include, but not be limited to the following:

[1]

A horizontal plan showing layout of proposed improvements, including stations corresponding to those shown on the profiles, horizontal curves, and location and size of inlets and manholes, limits of grading showing edge of lots with reference to road cuts and fills and road stations. The grading plan within the aforementioned limits shall indicate the finished grades by contour lines, showing the proposed excavation, or fill, with reference to the prevailing topographic contours.

[2]

A profile plan indicating final grades of streets and sewers, and the extent of cut and fill operations.

[a]

The profile plan shall show the vertical section of the existing grade along the center line of the proposed street, as well as the right-of-way limits. Where storm drainage or sanitary sewer lines are to be installed, they shall be indicated on the profile plan.

[b]

The horizontal scale on the profile plan shall be not less than one inch equals 100 and the vertical scale shall be not less than one equals 10 or, in cases where larger scales are used, the ratio shall be 1:10 vertical to horizontal.

[c]

A typical cross section of street construction shall be shown on the profile plan and shall show:

[i]

Right-of-way widths and the location and width of paving within the right-of-way.

[ii]

Type, thickness and crown of paving, specifying subgrade treatment, as well as subbase, base course, and wearing course materials.

[iii]

The location, width, type, and thickness of curbs, gutters, and sidewalks to be installed, if any.

[iv]

Typical location, size and depth of any underground utilities that are to be installed in the right-of-way where such information is available.

(7)

A lighting plan. When lighting is required in accordance with § 200-106A of the Zoning Ordinance,[1] a lighting plan shall be prepared by a qualified engineer and submitted for review with the development application. Included in the plan shall be the following:

(a)

The location of all lighting fixtures including height;

(b)

A written description of all fixtures and means of light proposed particularly as pertaining to the reduction of glare which shall include aiming angles, shields and baffles, and mounting heights;

(c)

A written description of proposed footcandle data to identify intensity and uniformity and demonstrate compliance with § 200-106A of the Zoning Ordinance; and

(d)

The location and composition of vegetative screening to shield light from adjacent properties.

[1]

Editor's Note: See Ch. 200, Zoning.

(8)

Landscape plan. With the purpose of achieving the design criteria of § 200-101 of the Zoning Ordinance, a landscape plan shall be prepared and shall adhere to the following requirements when specifically required by this chapter or by the Zoning Ordinance:

[Amended 2-25-2013 by Ord. No. 196]

(a)

The landscaping plan shall be prepared by a registered landscape architect licensed to practice in the Commonwealth of Pennsylvania and shall observe the following Township objectives:

[1]

Promote the use of a variety of native, noninvasive species of plants according Appendix E of this chapter.[2]

[2]

Editor's Note: Appendix E is attached to this chapter.

[2]

Promote minimal site disturbance and the conservation of noninvasive, native site vegetation.

[3]

Protect the viewshed from public rights-of-way.

(b)

The landscape plan shall include a schedule of all proposed landscaping, providing the following information:

[1]

Common and scientific name;

[2]

Size, including caliper, height, spread and pot size as applicable;

[3]

Remarks regarding spacing, habit or other planting instructions as necessary;

[4]

Remarks or symbols clearly indicating any plant material proposed to meet a specific planting requirement.

(c)

The landscape plan shall show all utilities, above or below ground, in order to avoid conflicts between plantings and pipes, structures or wires.

(d)

The landscape plan shall include notes stating the following:

[1]

That all landscaping shall be guaranteed for 18 months from the time of acceptance by the municipality. Should the eighteen-month maintenance period end after November 15 and before May 15 of the following year, the maintenance period shall be extended until May 15 or a time when the plant material is in full leaf, whichever comes later.

[2]

That the developer shall be required to post a performance bond with the Township to ensure that any tree that dies within the maintenance period shall be replaced.

[3]

That all plant material shall be of satisfactory health, size and condition in accordance with the standards set forth by the American Nursery and Landscape Association in the most recent edition of the American Standards for Nursery Stock.

[4]

That any proposed plan modifications, including relocation of proposed plant material or substitutions for size or species must be submitted to the Township for approval prior to any changes in the field.

(9)

Natural resources protection plan. All preliminary subdivision and land development applications shall demonstrate compliance with Article XXII of the Zoning Ordinance, Natural Resource Protection Standards, and shall be accompanied by the plan required in Zoning Ordinance § 200-180A. The plan information may be shown on the site analysis plan required in § 170-20B(4) of this Subdivision and Land Development chapter.

[Amended 2-25-2013 by Ord. No. 196]

(10)

Traffic impact study.

(a)

A traffic impact study shall be required as part of the preliminary plan application under any one of the following conditions:

[1]

The proposal will increase the number of peak-hour trips on adjacent roads by more than 50, according to the most recent trip generation standards of the Institute of Transportation Engineers;

[2]

The proposal will increase the then-current average annual daily trips on any abutting road by more than 10% or 500 trips;

[3]

The proposal will have access upon a road functioning at the time of submission at a level of service D, E, or F;

[4]

The proposal will increase the traffic at any intersection functioning at a level of service D, E, or F;

[5]

The proposal is expected to worsen some existing volume, safety, or design deficiency of the local transportation system;

[6]

A residential subdivision or development proposal of 50 or more single-family units with access onto a single road, regardless of the number of access points or whether development will be phased;

[7]

A residential subdivision or development proposal of 80 or more single-family units, regardless of the number of roads accessed, number of access points, or whether development will be phased;

[8]

A residential development proposal of 80 or more units in multiunit structure(s), regardless of whether or not development will be phased;

[9]

A general office building proposal with a gross floor area in excess of 20,000 square feet;

[10]

A convenience store proposal with a gross floor area in excess of 1,000 square feet;

[11]

A fast-food restaurant proposal with a gross floor area in excess of 2,000 square feet;

[12]

A planned residential development proposal;

[13]

A mixed-use development proposal;

[14]

A shopping center proposal; or

[15]

Any development proposing access from an arterial road.

(b)

The Board of Supervisors may, upon the opinion of the Township Engineer, request a traffic impact study for any development viewed as having a substantial impact upon the capacity and safety of the existing road network.

(c)

Traffic impact studies shall be prepared at the cost of the applicant and shall comply the Rules and Regulations for traffic study by PennDOT, Title 67, Code Chapter 201. The traffic impact study shall include, but is not necessarily limited to, the following elements:

[1]

An analysis of existing circulation patterns and how the proposal would affect those patterns.

[2]

A capacity analysis of both the existing and future conditions upon abutting road segments and at the nearest intersection of each abutting road.

[3]

A safety analysis, including sight distance at proposed access points, need for acceleration and deceleration lanes, and structural road hazards in the study area.

[4]

An analysis of parking needs. This element is not necessary for proposals with solely residential uses.

(d)

The study area of the traffic impact study shall include, as a minimum, all roads adjacent to the tract as far as the nearest intersection with a road classified as a collector or arterial and shall include such intersections. The study shall also include all intersections that are expected to handle 50% or more of the peak hour traffic generated by the proposed development.

(e)

The traffic impact study shall show how the design of the proposed project will mitigate the effects of increased traffic volume through the placement and design of site access points.

(f)

The traffic impact study shall conclude with a list of improvements necessary to maintain the level of service existing prior to any construction related to the proposed development, including estimated cost, timing, and responsibility for installation.

(g)

The traffic impact study shall be submitted by the applicant for review by the Township Engineer and/or the Chester County Planning Commission, as shall be directed by the Township. The study shall meet with the satisfaction of the Board, as advised by the reviewers, prior to plan approval.

(11)

Water resources impact study.

(a)

A water resources impact study may be required for proposed new residential and nonresidential developments where connection to public water supply system is not being considered by the applicant, and when groundwater is the proposed source of water supply.

(b)

A water resources study may be required by the Township under any one of the following conditions:

[1]

Where the development proposes the creation of extensive areas of impervious coverage (30% or more of the tract), thereby reducing recharge area and increasing the total volume of stormwater runoff.

[2]

Where extensive lawns or other areas of maintained ground cover are proposed which will result in increased non-point-source pollutant loadings.

[3]

Where water supply will be groundwater from an on-site source and wastewater will be exported to some off-site stream discharge facility.

(c)

The determination of whether a water resources study is needed shall be made by the Township Engineer at the sketch plan phase or, when a sketch plan is not provided, at the preliminary plan phase. If it has been determined that a water resources study is required, the format and scope of the study shall be determined by the Township Engineer in collaboration with the applicant.

(d)

Under the conditions specified by this section, applicants will be required to include a water resources study as part of the preliminary plan submission. The water resources study shall address the following issues:

[1]

The dependence of the Township upon groundwater as a source of water for all uses;

[2]

The special high quality status of many of the watercourses within the Township; and

[3]

The preservation of groundwater and surface water resources.

(e)

The scope of study will be closely related to quantitative, as well as the qualitative aspects in the particular watershed. The quantitative aspects should address:

[1]

The impact of the proposed development on groundwater recharge as the result of newly created impervious surfaces or modified land cover conditions;

[2]

The effect of pumping from newly proposed wells on the existing operating wells in the vicinity;

[3]

The effect of groundwater withdrawal on total aquifer yield with due consideration given to maintaining a minimum "base flow" in the perennial streams; said "base flow" will be defined in the agreed scope of the study;

[4]

The impact of the proposed development upon surface water quality and quantity, including suitability for human consumption, for recreational use, and as a habitat for indigenous aquatic life; and

[5]

The qualitative aspects would predominantly address the effect of subterranean discharge of sewage, including all types of land application, on the quality of groundwater. This will include sampling, testing, and monitoring for parameters to be determined in the agreed scope of the study. The Cockeysville Marble geologic formation is the highest yield (water bearing formation) in New Garden Township. Preservation of the water quality in this and other aquifers is of major interest to the Township residents. Thus, recognizing the interdependence between the quantity and quality of groundwater sources, the Township reserves the right to require the installation of monitoring wells in specific locations. Periodic sampling and testing may also be required.

(f)

The following elements shall be considered essential to any water resources study. Additional elements may be required depending upon the conditions of the tract in question and the type of development proposed.

[1]

Average rainfall and storm patterns.

[2]

An analysis of the soils and geologic conditions on the site to establish the degree of groundwater recharge occurring prior to the proposed development.

[3]

A predevelopment and postdevelopment water budget, specifying the total volume of water lost to the site as the result of the creation of new impervious surfaces or of the land cover alteration on the site. Pumping of groundwater and wastewater disposal methods must also be evaluated within the water budget.

[4]

An estimation of the effects upon the base flow of nearby streams, with special attention given to critical low-flow periods.

[5]

Any special groundwater quality issues.

[6]

Any special surface water quality issues, including pollutant loading analysis using an accepted methodology to address metals/inorganics, hydrocarbons, suspended solids, nutrients, biological oxygen demand/chemical oxygen demand, volatile organics, and fecal coliform.

(g)

The applicant is strongly encouraged to solicit advice from the offices of the Chester County Water Resources Authority and the Township Engineer in order to refine the scope of the water resources study prior to commencement.

(h)

The water resources study shall be prepared by a qualified hydrogeologist at the expense of the applicant.

(12)

Community association document. Community associations, including homeowners' associations and condominium associations, when proposed, shall include the following items with all subdivision and land development applications:

(a)

A community association document (also known as a homeowners' association document or a condominium association document) and an informational brochure shall be included with all subdivision and land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the Township. The document shall empower the association to own and maintain the common property and to make and enforce rules.

(b)

The document shall be accompanied by a map of the proposed development highlighting the precise location of the locations and facilities to be owned or operated by the community association.

(c)

The community association document must contain, but shall not necessarily be limited to, the following:

[1]

Description of all lands and facilities to be owned or operated by the community association.

[2]

Description of how the lands and facilities of the association will be insured, including limit of liability and a specific schedule and method of transition of land and facilities.

[3]

Acknowledgement that, when the community association is deemed negligent by the Township in the execution of responsibilities affecting the health, safety, or welfare of residents, the Township has the right to intervene and to perform such duties normally reserved to the community association. The community association shall be billed by the Township and shall reimburse the Township for all expenses incurred for such activities.

[4]

Declaration of covenants, conditions, and restrictions, giving perpetual easement to the lands and facilities owned or operated by the community association.

[5]

A requirement that each homeowner within the subdivision or land development become a member of the association.

[6]

Articles of Incorporation.

[7]

Use restrictions, including easements for utilities.

[8]

Where applicable, provisions regulating responsibility for exterior maintenance and party walls.

[9]

Bylaws governing the functions of the association and its Board of Directors. A copy of the bylaws shall be given to each homeowner within the development. The bylaws shall include, at a minimum, the following:

[a]

Statements setting forth the powers, duties, and responsibilities of the community association (including the power to make and enforce rules), and services to be provided.

[b]

Provision for automatic association membership for all homeowners in the subdivision.

[c]

A description of the process by which members participate in the association, including meetings, voting, and elections.

[d]

Statements setting cross-covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.

[e]

Requirements for all homeowners to provide a pro rata share of the cost of the operations of the association.

[f]

A process of collection and enforcement to obtain funds from owners who fail to comply.

[g]

A process for transition of control of the association from the developer to the homeowners.

[h]

Provisions for the dissolution of the association, in the event the association should become inviable, but only upon Township approval.

(d)

The informational brochure shall be provided to all homeowners within the subdivision or land development and upon request to any prospective owner. The brochure shall include the following information as a minimum:

[1]

A complete description of the lands and facilities owned or operated by the association.

[2]

A description of the organizational structure of the association.

[3]

Membership requirements and voting rights of the homeowners and the developer.

[4]

The initial amount of the association fee, frequency of collection, and method by which the fee may be changed.

[5]

Method for enforcement of fee payment.

[6]

A description of services provided by the association.

[7]

A description of the homeowner's responsibilities for exterior maintenance of dwelling unit and yard areas.

(e)

The community association shall maintain a current copy of the community association document and the informational brochure and for making such available upon request to member residents, prospective residents or their agent(s), and Township officials. If the community association maintains an office or other meeting area available to association members, a current copy of the community association document and the informational brochure shall be posted there, or shall be available there and notice of its availability shall be posted. The developer shall bear this responsibility until full control of the association is assumed by the residents.

(13)

Common open space management plan. Where the subdivision or land development includes common open space, a plan shall be submitted, using the preliminary plan as a base map and showing the boundaries, acreage and proposed ownership of all proposed common open space. The plan shall also contain the following information:

[Added 2-25-2013 by Ord. No. 196]

(a)

Proposed ownership, use restrictions, limitations on buildings and improvements;

(b)

Necessary regular and periodic operation and maintenance tasks and responsibilities for the various forms of common open space (i.e., playing fields, meadow, pasture, cropland, woodlands, etc.) including mowing, control of invasive species, etc.

(c)

Estimate of staffing needs, insurance requirements, and associated costs, and defining the means for funding the maintenance of the common open space on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating, maintenance and capital reserve costs.