Preston Township Wayne County - Shepstone Management Company

Preston Township, Wayne County
Subdivision and Land Development Ordinance
the installation of required or proposed improvements including, but not limited to; landscaping,
streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building
improvements shall similarly be completed or guaranteed prior to the applicant's request for Final
Approval. No right of occupancy shall, however, exist until such time as Final Plan approval shall
have been granted in accordance with the procedures and informational requirements of this
ordinance, and buildings have been completed and inspected by the Building Permit Officer.
Complete final building plans shall also be submitted as part of the Final Plan application.
41.5 Recording Requirement. No person shall sell, transfer, lease or agree or enter into an agreement to
sell or lease any land and/or building or interests in the individual dwelling units to be created, or
erect any building thereon except in accord with the provisions of this Section, unless Final Plan
approval has been granted and the Final Plan has been recorded in the Office of the Wayne
County Recorder of Deeds.
41.6 Location. There shall be a one-hundred (100) foot setback of all buildings and improvements in a
multi-family dwelling project from the property lines of any adjacent parcels and a seventy-five (75)
feet setback from any public right-of-way. This shall not apply to fences, utility lines or rights-ofway,
and sewage systems installed under State law, however.
41.7 Land Area Per Dwelling Unit. Multi-family dwelling projects shall be granted a 100% density bonus
above the number of dwelling units per acre which would be permitted if the parcel on which the
units are to be constructed were to be developed for single-family residential use. Therefore,
where the minimum lot size is one-half acre (21,780 square feet) and multi-family dwellings are to
be constructed, the number of units permitted shall be obtained by dividing the total tract size in
square feet by 10,890 square feet (one-fourth acre and 50% of the minimum lot size). Density,
however, shall be calculated by taking the total acreage of the development and deducting the
following acreages;
41.7.1 Land contained within public rights-of-way
41.7.2 Land contained within the rights-of-way of existing or proposed private streets (Where
formal rights-of-way are not involved the width of the street shall be assumed as fifty (50)
feet wide); and
41.7.3 Land contained with the boundaries of easements previously granted to public utility
corporations.
41.8 Recreation Areas and Open Spaces. All areas of a multi-family development not conveyed to
individual owners; and not occupied by buildings and required or proposed improvements shall
remain as permanent open space or be dedicated to recreation area to be used for the sole benefit
and enjoyment of the residents of the particular units being proposed. Such open space shall be
part of the same parcel and contiguous and shall be subject to the following regulations:
41.8.1 Recreation areas shall be immediately adjacent to the proposed units and freely and
safely accessible to all residents of the development and shall not be used to fulfill open
space requirements or provide recreational areas for residents of other units, excepting
Page 57 of 73