(a) Scope. The checklist in this section is designed to inform applicants regarding what is required in preparing a final site plan for board review. Applicants should check off items to confirm its inclusion in the submission. Omitted checklist items can result in the application being found incomplete, thus delaying consideration by the board. The checklist must be submitted with the application.
(b) Application requirements. The applicant shall file the following documents with the secretary of the municipal agency:
(1) Final site plan. Twenty-five copies of the final site plan large enough to present legibly written data, prepared, signed and sealed by a licensed architect or engineer, shall be submitted. If multiple sheets of the plan are submitted, each must be appropriately signed and sealed, on the same size sheet, collated and folded. The plans shall be one of four standard sizes: 8.5 inches by 14 inches, 30 inches by 42 inches, 24 inches by 36 inches or 15 inches by 21 inches, as measured from cutting edges. If one sheet is not of sufficient size to contain the entire tract, the plan may be divided into sections to be shown on separate sheets of equal sizes, with match lines on each sheet to the adjoining sheet. Each lot and block shown on it shall be numbered as specified by the assessor. The final site plan shall also contain all data required in the preliminary site plan, dimensioned exactly and with reference to monuments.
(2) Certification by tax collector. The applicant shall submit a certification by the tax collector that all municipal taxes due and owing by the applicant have been paid.
(3) Certification by the director of planning. Certification by the director of planning that all conditions of preliminary approval have been met, unless preliminary and final approval are filed jointly, shall be submitted.
(4) Deeds of easement or dedication. Four copies of all public and private deeds of easement or dedication shall be submitted. The language shall include the grantor and grantee and the restrictions or rights appurtenant to the document. Included, but not limited to this requirement are sight, drainage, conservation and utility easements and deeds of dedication for open space or other purpose. If the application includes open space which will be held by a private organization established to own and maintain the open space, the applicant shall submit all proposed documents for the establishment of the organization and a copy of its proposed bylaws, rules and regulations.
(5) Application forms. Twenty-five copies of a completed application form, which form shall be obtained from the secretary of the municipal agency, shall be submitted by the applicant.
(6) Payment of fees. Payment of applicable fees shall be in accordance with section 62-41. Separate checks (payments) shall be submitted for the application charge and escrow deposit. A completed W-9 form and escrow agreement shall be submitted.
(7) Disclosure of ownership. Disclosure of ownership shall be submitted as follows:
a. For residential developments, the applicant shall submit five copies of the information required to be provided to potential purchasers in compliance with section 62-2838(a).
b. Twenty-five copies of the disclosure of ownership shall be submitted pursuant to section 62-2838(b).
(8) Public offering statement. For residential developments, a copy of the public offering statement for the project shall be submitted for review and approval as to the accuracy of the description of local conditions contained therein. The township manager or his designee shall review and approve the description of local conditions in the public offering statement after the application is deemed complete. Any inaccuracies found shall be corrected prior to hearing or as a condition of final approval.
(c) Application procedure. The application procedure shall be as follows:
(1) Copies of application; review. The secretary of the municipal agency shall, within three days, forward one copy of the completed application to the township engineer, the township planner, the county planning director, the state department of transportation if the final site plan shows frontage along a state highway, and the chairman of the subdivision and site plan review committee and shall request each to review the application and to file a written report of his findings and recommendations, giving full consideration to the standards and principles for the design, review and approval of site plans set forth in division 2 of this article and stating whether the application is feasible and sound from an engineering standpoint and whether it conforms to the preliminary site plan.
(2) Notice of hearing. The applicant shall comply with the notice and hearing requirements of this chapter.
(3) Copies of decision; publication. The secretary shall mail a copy of the decision of the board to the applicant or his attorney and to all other persons who have requested it, within ten days after approval has been granted or denied. The secretary shall also file a copy of the decision with the township clerk and shall cause a brief notice of the decision to be published in the official newspaper of the township.
(4) Signature designating approval. If the application is approved, such approval shall be noted on the site plan, and it shall be signed by the chairman and the secretary of the municipal agency.
(d) Time for approval or denial of final site plan. Limitations on the time for approval or denial of a final site plan shall be as follows:
(1) Time for decision. Final approval shall be granted or denied within 45 days after submission of a complete application to the board or within such further time as may be consented to by the applicant. Failure of the board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the board to act shall be issued on request of the applicant.
(2) Incomplete application; notice. If the township planner determines that the application is incomplete, he shall notify the applicant within 45 days of his submission, or the application shall be deemed to be complete.
(e) Effect of final approval of site plan. The effect of final approval of the site plan is as follows:
(1) Rights of developer. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to section 62-155, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to section 62-155 for the section granted final approval.
(2) Extension of rights. Rights may be extended in accordance with the following:
a. For a site plan for a planned residential development of 150 acres or more, the board may grant the rights referred to in subsection (e)(1) of this section for such period of time longer than two years as shall be determined by the municipal agency to be reasonable, taking into consideration the following:
1. The number of dwelling units and nonresidential floor area permissible under final approval.
2. Economic conditions.
3. The comprehensiveness of the development.
b. The developer may apply for thereafter and the municipal agency may thereafter grant an extension of final approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the following:
1. The number of dwelling units and nonresidential floor area permissible under final approval.
2. The number of dwelling units and nonresidential floor area remaining to be developed.
3. Economic conditions.
4. The comprehensiveness of the development. (Code 1988, § 175-45; Ord. No. 26-94, § 4, 8-16-1994; Ord. No. 28-94, § 7, 8-16-1994; Ord. No. 36-99, § II, 8-3-1999; Ord. No. 2007-69, § I, 9-25-2007)
(a) Application requirements. At least ten days and no more than 20 days prior to a regular meeting of the municipal agency, the applicant for preliminary approval of a subdivision plat or a site plan for a planned residential development shall file the following documents with the secretary of the municipal agency:
(1) Plat or site plan, soil erosion and sedimentation control plan and surface water management plan. A plat or site plan, soil erosion and sedimentation control plan and surface water management plan shall be filed in accordance with the following:
a. If the application for development is for preliminary approval of a subdivision for a planned residential development or for the preliminary approval for a site plan for a planned residential development, all requirements and standards for soil erosion and sedimentation control, as detailed in article V of chapter 42, shall be met.
b. In addition, if the application for development is for preliminary approval of a subdivision or site plan of a planned residential development, all requirements and standards for a surface water management plan shall be met.
(2) Application form. The applicant shall submit three completed copies of the application form, which form shall be obtained from the secretary of the municipal agency and shall set forth the following information:
a. Name and address of the applicant.
b. Name and address of the owner, if different from the applicant.
c. Location of the land proposed to be developed, including tax lot and block numbers.
e. Density of land use to be allocated to various parts of the site.
f. Location, type, standards and size of recreational and community facilities of all open space.
g. Form of the organization proposed to own and maintain common open space.
h. Use, approximate height, bulk and location of buildings or other structures.
i. Proposed provision for disposition of stormwater and sanitary water.
j. Substance of any covenants, grants or easements proposed to be imposed upon the land or buildings, including easements for public utilities.
k. Proposed provisions for parking.
l. Locations and widths of proposed streets and rights-of-way, street lighting, shade trees and traffic control devices.
m. Projected schedule for development and the approximate times when final approvals would be requested.
n. Proposed number of bedrooms for all dwelling units.
o. Delineation of pedestrian walkways, nature paths and bicycle paths, which shall be in conformance with any adopted master plan for bicycle paths.
p. Delineation of natural features which shall be preserved, such as ponds, natural drainage and trees.
(3) Landscaping plans. The applicant shall submit landscaping plans drawn by a qualified landscape architect, which shall include plans for lighting the grounds, roads, drives, walks, parking areas and building entrances of the development, as well as the plantings and other landscaping intended for the development. Plans shall show separate contours, drainage areas, streams, wooded areas and any natural features of the land in a natural state.
(4) Narrative statement. The applicant shall submit a statement which contains the following, a:
a. Statement of why the public interest would be served by the proposed development, such statement to be supported by a detailed economic, social and physical study.
**Webmasters Note: The previous sections, 62-155(b)(8) through 62-157(a)(4)a., have been amended as per Supplement No. 23.
b. Showing that departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to requirements of this chapter governing the type and density or intensity of land use in a planned development.
c. Showing that the proposals for maintenance and conservation of the common open space are reliable and that the amount, location and purpose of the common open space are adequate.
d. Showing that provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
e. Showing that the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
f. Showing that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate, if a proposed development contemplates construction over a period of years.
(5) Economic feasibility statement. The applicant shall submit a statement of the economic feasibility of the development based on an economic feasibility study.
(6) Traffic and circulation impact statement. The applicant shall submit a statement of the traffic and circulation impact of the development based on a traffic and circulation impact study.
(7) School impact statement. The applicant shall submit a statement of the impact on the school system by the development in terms of the projected number of students to live in the development and their grade levels.
(8) Environmental impact statement. The applicant shall submit a statement of the impact on the environment by the development based on an environmental impact study.
(9) List of witnesses for public hearings. The applicant shall set forth the names and addresses of the experts, including lawyers, architects, professional planners, engineers, economists and realtors, who will appear at the public hearing on the application. This list may be amended prior to the public hearing, and such amendment will not affect the time requirements set forth in subsection (c) of this section.
(10) Proposed agreement for timing of development. The applicant shall submit a proposed agreement for the schedules and timing of development. This agreement, which shall be between the applicant, the municipal agency and the township council, shall set forth the timing of development, including the type and number of residential uses, number and type of nonresidential uses, public and semipublic facilities and required utilities and services. Development shall be scheduled at a rate, in dwelling units per year, which will not create excessive demands on municipal facilities and services, including sewer and water facilities, roads and storm drains. Public facilities to serve residential uses shall be developed concurrently with residential development and shall be adequate to serve the population to be housed. Timing of development shall be controlled through the issuance of building permits.
(11) Recycling plan. A plan, in the form of a narrative description and diagrams or maps, shall be submitted for every development proposal for the construction of 50 or more units of single-family or two-family housing, any multifamily or townhouse housing and any nonresidential development proposal for the utilization of 1,000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclable materials as designated in article II of chapter 94 and shall comply with the requirements of section 94-41. When a nonresidential tenant/user is unknown at the time of the site plan application, the recycling plan shall be submitted as part of a subsequent tenant review application.
(12) Environmental impact statement. An environmental impact statement shall be filed pursuant to the requirements of article V of this chapter.
(13) Disclosure of ownership. Disclosure of ownership shall be pursuant to section 62-2838(b).
(14) Letter acknowledging review by state. Application and proof of application shall be made to the state department of environmental protection and energy for a letter of interpretation or an exemption letter, acknowledging review by this agency.
(b) Application procedure. The application procedure shall be as follows:
(1) Copies of application; review. The secretary of the municipal agency shall, within three days, forward one copy of the completed application to the township engineer, the township planner, the chairman of the site plan and subdivision review committee, the county planning director, the state division of state and regional planning and such other officials as the board may direct and shall request each to review the application and to file a written report of his findings and recommendations prior to the next regular meeting of the board, giving full consideration to all applicable standards and principles set forth in division 2 of this article, and stating whether the application is feasible and sound from an engineering and planning standpoint.
(2) Notice of hearing. The applicant shall comply with the hearing and notice requirements of this chapter.
(3) Copies of decision; publication. The secretary shall mail a copy of the decision of the board to the applicant or his attorney and to all other persons who have requested it, within ten days after approval has been granted or denied. The secretary shall also file a copy of the decision with the township clerk and shall cause a brief notice of the decision to be published in the official newspaper of the township.
(c) Time for preliminary subdivision or site plan approval for planned residential development. The time in which the board shall act on an application for preliminary approval of a subdivision plat for a planned residential development shall be the same as set forth in section 62-153(c) pertaining to the time for preliminary approval. The time in which the board shall act on an application for preliminary approval of a site plan for a planned residential development shall be the same as set forth in section 62-155(d) pertaining to the time for approval of a preliminary site plan.
(d) Effect of preliminary subdivision or site plan approval for planned residential development. The effect of an approval of a preliminary subdivision plat for a planned residential development shall be the same as that set forth in section 62-153(d) pertaining to the effect of preliminary approval of a major subdivision. The effect of an approval of a preliminary site plan for a planned residential development shall be the same as set forth in section 62-155(e) pertaining to the effect of approval of a preliminary site plan.
(e) Conditions precedent to approval of residential development. Prior to the approval of a planned residential development, the board shall find the following facts and conclusions:
(1) Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the requirements of this chapter governing the type and density or intensity of land use in a planned development.
(2) The proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
(3) Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) The proposed planned development shall not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) If a proposed development contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(f) Permitted uses in planned residential development. The following uses shall be permitted in planned residential development:
(1) Detached single-family dwellings and uses normally accessory thereto.
(2) Townhouses and uses normally accessory thereto.
(3) Multifamily dwellings.
(4) Public buildings and uses.
(5) Private clubs and recreational facilities.
(6) Churches and other religious buildings.
(7) Retail stores, related business uses and offices, as permitted under the C-2 district.
(8) Medical centers, nursing homes and other quasipublic institutional uses.
(9) Agricultural uses.
(g) Implementation in sections or stages. The plan may be implemented in sections or stages as follows:
(1) The board may approve the implementation of the plan in whole or in sections or stages, under the sequence of actions determined as part of the planned residential development district plan. Such sections or stages shall be:
a. Substantially functionally self-contained and self-sustaining with regard to access, parking, utilities, open space and similar physical features and capable of substantial occupancy, operation and maintenance upon completion of the construction and development.
b. Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the planned residential development district.
c. Provided with such temporary or permanent transitional features, buffers or protective areas as the planning board may require under conditions of ownership and maintenance as will prevent damage or detriment to any completed section or stage or other sections or stages and to adjoining properties not in the planned residential development plan.
(2) Plans and specifications of such sections or stages shall be filed with the Board and shall be of sufficient detail and at such a scale as to fully demonstrate the following:
a. Arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services, facilities and land ownership conditions.
b. Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structures and land improvement, increase of taxable values, cost of maintenance and services to be borne by public and private agencies, potential rental scales, cost of utility installation, etc.
c. Estimates of its social characteristics, such as the size and composition of future population in terms of probable size as occupants of several unit dwelling types, the need for public services and protection, for recreational facilities and for commercial and professional services and anticipated rental scales.
d. Such further evidence as shall demonstrate conformity to and support of principles and objectives of the township master plan and the enhancement of the living standards of the community, with conformity to the balance of residential, commercial and public land utilization and the economic base, as established in the planned residential development district plans. (Code 1988, § 175-46; Ord. No. 28-94, § 8, 8-16-1994; Ord. No. 32-94, § 2, 9-18-1994)
