Preston Township Wayne County - Shepstone Management Company

Preston Township, Wayne County
Subdivision and Land Development Ordinance
41.11 Non-Residential Uses. Non-residential uses shall not be permitted in a multi-family development
unless planned as part of a Planned Residential Development. This, however, shall not preclude
such ancillary facilities as laundry areas, service buildings, recreational facilities and the like.
Where a developer proposes to construct multi-family units on property on which there are existing
or proposed non-residential uses (other than ancillary facilities and open space uses) there shall be
a minimum setback of the multi-family structures from such uses of two hundred (200) feet and the
parcels shall be clearly segregate.
41.12 Conversions of Existing Structures. Conversions of motels, hotels or other existing structures to
multi-family dwelling use regardless of whether such conversions involve structural alterations,
shall be considered subdivisions and land developments and be subject to this ordinance. If the
proposed project does involve structural alterations, the Preliminary Plan shall include a
certification of a registered architect or engineer to the effect that the existing building is structurally
sound and that the proposed conversion will not impair structural soundness.
41.13 Maintenance of Common Facilities. Maintenance of a multi-family dwelling project shall be vested
(1) an association or other legal entity organized prior to the offering of the first unit for occupancy,
or (2) a manager, who may be the developer, or a person designated by the developer before the
developer offers a unit for occupancy, or (3) the owners or occupants of units themselves if the total
number of owners or occupants within the development is not more than five (5). If the developer
shall opt to manage the project or designate a manager, the preliminary application shall include
financial statements, a description of previous management experiences and other data sufficient
for the Township to ascertain the financial responsibility of the manager.
The association or manager, as the case may be, shall be responsible for maintenance, repair and
replacement of the common areas of the development including buildings and, if applicable, the
furniture, fixtures and equipment within the units. The project instruments shall specify the
expenses which the maintenance organization may incur and collect from purchasers as a
maintenance fee and secure maintenance of the project as well as enforcement of applicable
covenants and restrictions in perpetuity. The Township may require that a Certified Public
Accountant review, at the applicant's expense, such financial data for purposes of determining that
proposed fees are, in fact, adequate to secure maintenance on a continuing basis.
The developer shall, in filing a Preliminary Plan, provide a narrative description of how
responsibility for maintenance and care of the units, common areas and other amenities will be
assured and a pro forma operating budget for the maintenance organization including a breakdown
of the common expense to be borne by the maintenance organization and a separation of longterm
maintenance costs from on-going routine maintenance costs. There shall also be provided a
narrative description of how the developer proposes to assure maintenance and care of the units
and common facilities during any sales program, based on which the Township may require
additional temporary facilities to accommodate service demands. Copies of all applicable
instruments shall be provided, for purposes of determining that long-term arrangements for
maintenance of common facilities have, in fact, been made by the developer and/or with the
occupants.
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