The Township Planning Board shall, by written resolution, either grant preliminary approval of the plan as submitted, grant preliminary approval subject to specified conditions not included in the plan as submitted or deny preliminary approval of the plan. In the event that preliminary approval is granted, either of the plan as submitted or of the plan with conditions, the Planning Board shall, as part of its resolution, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.

The grant or denial of preliminary approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial. Said resolution shall set forth, with particularity, in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following-o

A. Permissible density determination. Based upon an evaluation of how the demands and generations of the development will impact on the capacities of the existing township systems and how any adverse impacts will be minimized, overall density within the boundaries of the zone will be determined.

B. Specific findings. The approving agency shall make the following findings:

(1) In what respect the plan is or is not consistent with the statement of objectives for multifamily developments in § 90-17.

(2) To what degree the plan respects the natural features of the site. Specifically with reference to the lands classified in § 90-14H, the approving agency shall find:

(a) The degree to which severely restricted lands have been encroached upon.

(b) The degree to which stands of trees have been respected, Particular emphasis will be directed toward the preservation and integration of prime or unique tree stands and specimen trees into the plan.

(c) To what degree unique or sensitive natural features have been integrated into the common open space system to minimize adverse impact

(3) Whether stormwater runoff has been controlled on the site to meet the township standard that no additional peak runoff shall be discharged during a one-hundred year storm of twenty-four (24) hours' duration.

(4) Whether the sewage effluent generated by the development can be disposed of in a manner that will not exceed the capacities of public systems or, if an on-site or interim facility is to be utilized, whether the sewage effluent generated will degrade any flowing stream or underground water resource.

(5) To what degree potable water demands generated by the development can be met from existing public or private systems. If a new on-site system is proposed, whether it will meet the demands of the development

(6) To what degree the internal circulation system is able to handle the traffic generated by the development and to what degree the existing external circulation system as identified by the critical intersection(s) is capable of handling the traffic generated by the development

(7) Whether the proposed open space system meets the standards of the township.

(8) Whether public utilities are available to meet the demands of the development

(9) To what degree existing school district facilities are capable of absorbing the school age children to be generated by the development

(10) Whether the municipal fiscal system is capable of absorbing the additional costs of servicing the development in relation to the real estate tax revenues generated.

(11) Whether the school district fiscal system is capable of absorbing the additional costs of educating the children generated by the development and/or providing new facilities resulting from this generation in relation to the real estate tax revenues generated.

(12) To what degree the erosion and sedimentation control submission addresses the need to minimize on-site erosion and provides adequate sedimentation control to minimize off-site as well as on-site adverse impacts.

C. The approving agency shall consider the extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use and the reasons why such departures are or are not in the public interest

D. The approving agency shall consider the physical design of the plan and the manner in which said design does or does not further the amenities of light and air, recreation and visual enjoyment

E. The approving agency shall consider the relationship, beneficial or adverse of the proposed planned development to the neighborhood in which it is proposed to be established.

F. In the case of a plan which proposes development over a period of years, the approving agency shall consider the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the multifamily dwelling development in the implementation of the plan as submitted.

In the event that a plan is granted preliminary approval, with or without conditions, the Township Planning Board may set forth in the written resolution the time within which an application for final approval of the plan shall be filed or, in the case of a plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. The resolution shall further set forth the drawings, specifications, covenants, easements and other information required to be included in the application for final approval, provided that if the resolution is silent as to such requirements, then the Township Planning Board shall be deemed to have required the submission of all the items in § 90-33 et seq. The resolution shall also set forth the form of a performance guaranty or guaranties to be submitted at the time of the application for final approval(s).

Preliminary approval of a plan shall not qualify a plat of the multifamily dwelling development for recording nor authorize development or the issuance of any building permits. A plan which has been given preliminary approval as submitted or which has been given preliminary approval with conditions which have been accepted by the landowner, provided that the landowner has not defaulted nor violated any of the conditions of the preliminary approval, shall not be modified, revoked or otherwise impaired by action of the municipality, pending an application or applications for final approval, without the consent of the landowner, provided that an application for final approval is filed or, in the case of a development over a period of years, provided that applications are filed within the periods of time specified in the resolution granting preliminary approval.

An application for final approval may be for all the land included in a plan or, to the extent set forth in the preliminary approval, for a section thereof.

An application for final approval -shall :Include such drawings, specifications, covenants, easements and conditions as were required by the Township Planning Board in its resolution granting preliminary approval, provided that, if the resolution is silent as to such requirements, the Planning Board shall be deemed to have required the submission of the following:

A. Final plan submission requirements, evaluations and procedures for all multifamily dwelling applications shall comply with those set forth by the township.

B. Comparison to preliminary plan.

(1) A final application comparison report defining the development plan for the phase being applied for shall be submitted and include the following:

(a) The total number of dwelling units to be constructed.

(b) The number by type of dwelling units to be constructed.

(c) The number by type of community facilities and/or structures to be constructed.

(d) The amount of common open space preserved.

(e) The nature and cost of public improvements provided.

(f) The anticipated value of residential construction.

(g) A comparison to the development schedule report as approved in the preliminary plan procedures for the applicable phase. This comparison shall note any changes or variations from the approved submission indicating the scope of the changes. If applicable, a report documenting the nature and reasons for the changes shall also be submitted.

Final approval shall constitute authority for the Construction Official to issue building permits and for the developer to file final subdivision plats.

A public hearing on an application for final approval of the plan, or part thereof, shall not be required, provided that the plan, or the part thereof, submitted for final approval is in substantial compliance with the plan theretofore given preliminary approval.

In the event that the plan as submitted for final approval is not in substantial compliance with the plan as given preliminary approval, the Township Planning Board shall, within forty-five (45) days of the date the application for final approval is filed, so notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance. The applicant may.

A. Treat said notification as a denial of final approval.

B. Refile his plan in a form which is in substantial compliance with the plan as approved.

C. File a written request with the Township Planning Board that it hold a public hearing on his application for final approval.

A plan, or any part thereof, which has been given final approval by the Township Planning Board, shall be so certified without delay and shall be filed in the office of the County Clerk before any development shall take place in accordance therewith. All costs for such filing shall be borne by the applicant and are enumerated in the schedule of filing fees available at the Township Municipal Building.

All materials required to be submitted to the township or to any agency of the township under this Article shall be submitted to the Planning Board Secretary. Materials which must be received by a particular date under this Article must be received by the Secretary prior to 4:00 p.m. on that date or, if that date is a Saturday, Sunday or a holiday, before 4:00 pm. on the first working day prior to that date.

Reports and other written materials shall be on paper of eight and one-half by eleven (8 x 11) inches, bound within a loose-leaf notebook or a spiral binding. Maps, unless otherwise approved by the Planning Board, in writing, shall be at a scale of one (1) inch equals two hundred (200) feet for sites of more than fifty (50) acres and a scale of one (1) inch equals one hundred (100) feet for sites of fifty (50) acres or less for the concept and the preliminary plan submission. All map submissions for final plan submission shall be at a scale of one (1) inch equals forty (40) feet. All such maps shall not exceed thirty by forty (30 x 40) inches unless otherwise approved in writing by the Planning Board. The applicant shall submit twelve (12) copies of all reports and maps required under this Article.

A copy of the current application fee schedule can be obtained at the Township Municipal Building. An application under this Article shall be considered a site plan.

A. Enforcement by township. The provisions of the plan relating to the following items shall be enforceable in law or in equity by the township:

(1) The uses of land and the use, bulk and location of buildings and all structures or other man-made facilities.

(2) The quantity and location of common open space.

(3) The intensity of use or the density of residential units shall run in favor of the municipality.

B. Enforcement by the residents and owners. All provisions of the plans shall run in favor of the residents and owners of the multifamily dwelling community, but only to the extent expressly provided in the plan and in accordance with the terms of the plan; and, to that extent, said provisions, whether recorded by plat covenant, easement or otherwise, may be enforced at law or equity by said residents and owners, acting individually, jointly or through an organization designated in the plan to act on their behalf-, provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the multifamily dwelling development except as to those portions of the plan which have been finally approved and have been recorded.

C. Modification of the plan by the township. All those provisions of the plan authorized to be enforced by the township under Subsection A of this section may be modified, removed or released by the municipality (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:

(1) No such modification, removal or release of the provisions of the plan by the township shall affect the rights of the residents and owners of the multifamily dwelling development to maintain and enforce those provisions at law or equity.

(2) No modification, removal or release of the provisions of the plan by the municipality shall be permitted except upon a finding of the Township Planning Board, following a public hearing, that the same is consistent with the efficient development and preservation of the entire multifamily dwelling development, does not adversely affect either the enjoyment of land abutting upon or across a street from the planned development or the public interest and is not granted solely to confer a special benefit upon any person or group.

(3) Modification by the residents. Residents and owners of the multifamily dwelling development. may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their right to enforce the provisions of the plan.