ARTICLE IV Multifamily Dwelling Development and Planned Residential Development

§90-17. Statement of objectives.

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 (0) 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.

§90-18. Standards.

A. Minimum area and land use proportions.

(1) The minimum tract size shall be twenty-five (25) acres.

(2) Open space. No less than twenty-five percent (25%) of the total tract shall be reserved as open space. No less than sixty percent (60%) of the open space provided shall be usable recreation space (i.e., not set aside as unsuitable for construction).

§90-19. Residential development standards.

A. Lot size and density. The following shall apply:

(1) Single-family detached development if proposed for other than an integrated planned residential development

(a) Minimum lot size: one (1) acre.

(b) Maximum impervious coverage: twenty percent (20%), exclusive of roadways.

(2) Single-family detached homes as part of a planned residential development

(a) Minimum lot size: one-fourth (1/4) acre.

(3) Townhouse:

(a) Maximum gross density: four (4) units per acre.

(b) Maximum net density: eight (8) units per acre.

(4) Developable area shall be calculated in accordance with the environmental constraint factors as set forth in § 9014H.

(5) No more than twenty-five percent (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 singlefamily detached dwellings are proposed. If single- family detached homes are proposed as part of a planned residential development, the following shall apply:

(a) Width at setback: seventy-five (75) feet.

(b) Front yard: thirty-five (35) feet.

(c) Rear yard: thirty-five (35) feet.

(d) Side yard: twenty (20) feet.

(e) Height: two and one-half (21/2) stories or thirty-five (35) feet, whichever is lesser.

(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 eighteen (18) feet in width.

(b) The minimum setback from collector and arterial streets, as determined by the Planning Board, shall be seventy-five (75) feet from the center line and fifty (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 fifty (50) feet from the center line and twenty-five (25) feet from other property lines, with a landscaped front yard area. The minimum side yard setback shall be fifty (50) feet. The minimum rear yard setback shall 'be seventy-five (75) feet.

(c) The maximum height shall not exceed thirty-five (35) feet and have no more than two and one-half (21/2) floors.

(d) The maximum impervious coverage in an area developed for townhouse use shall be twenty percent (20%), exclusive of access roadways.

(e) There shall be no more than six (6) units in any one (1) continuous structure, and there shall be no more than two (2) units in any unbroken building line. A setback of not less than four (4) feet shall be deemed a satisfactory break in the building line.

(f) A maximum of thirty (30) dwelling units shall be located in any one (1) grouping devoted to townhouse use. The grouping shall be as defined in § 90-3.

(g) A landscaping plan conforming to the standards of § 90-15E for each site shall be required.



(h) Floor plans and elevations for each typical dwelling shall be required for preliminary and final site plan approval.

(i) At least two and twenty-five hundredths (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),' 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 view scape to be maintained, there shall be a screen of at least ten (10) feet in width along the perimeter of the development property.

(l) The development shall provide sidewalks for pedestrian use.

(m) There shall be open space provided for both passive and active recreational use by residents in accordance with township standards. See Table 1.2

§90-20. Public facilities and other standards.

Public facilities and other standards shall be as permitted in the R1 Zone.

§90-21. Common open space and public areas.

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.

§90-22. Required land use development staging.

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 (1) 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

§90-23. Purpose of concept submission.

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.

§90-24. Contents of concept submission.

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 (1) inch equals one thousand (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 five hundred (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 twenty-four (24) hours' duration as compared to the anticipated increase in runoff for the improved site during a one-hundred-year storm of twenty-four (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 five hundred (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.

§90-25. Contents of concept review.

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.

§90-26. Effect of concept review.

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.



§90-27. Preliminary approval application.

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:

(1) A topographic map of the site with contour intervals as indicated, showing the following grades:

(a) Twenty-five percent (25%) or greater: five-foot interval.

(b) Fifteen percent (15%) to twenty-five percent (25%): five-foot interval.

(c) Zero percent (0%) to fifteen percent (15%): two-foot interval.

(2) A soils map based on data from the Warren County Soil Conservation District and/or developed from detailed onsite 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 [sixteen (16) inches diameter at breast height or greater]; significant tree masses; existing buildings, roads and trails; and flowing streams, drainage ways 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 twelve (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 twenty-four (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.

(a) A portion of the submission may be shown as a separate map or may be included as part of the sewer and water plan submission.

(b) A typical cross section of the common utility easement and trench shall be shown on the general utilities plan.

(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 (1) 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.

**Webmasters Note: The previous subsections, J(2)(a) through O(3), have been amended as per a supplement dated 5-1-2001.

(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.

Q. Building plans. These submissions shall include:

(1) Typical floor plans, elevations and sections of all proposed structures.

(2) Certification by a licensed architect.

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 (3) 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.