1 Salem Township Zoning Ordinance Page 50-1 ARTICLE 50.0 PLANNED UNIT DEVELOPMENT Section Purpose The provisions of this Article provide enabling authority and standards for the submission, review, and approval of applications for Planned Unit Developments. It is the intent of this Article to authorize the use of planned unit development regulations for the purpose of: encouraging the use of land in accordance with its character and adaptability; conserving natural resources and natural features and energy; encouraging innovation in land use planning; providing enhanced housing, employment, shopping, traffic circulation, and recreational opportunities for the people of this Township; and bringing about a greater compatibility of design and use between neighboring properties. The provisions of this Article are not intended as a device for ignoring the Zoning Ordinance or the planning upon which it has been based. To that end, provisions of this Article are intended to result in land use development substantially consistent with the existing zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this Article to insure appropriate, fair, and consistent decision making. Section PUD Qualification To qualify for approval under this Article, the applicant must make a clear demonstration of all of the following: A. The development shall achieve a clear and reasonably anticipated benefit, both to the ultimate users of the property in question and to the community, that would otherwise be unfeasible or unlikely to be achieved, including at least one of the following: 1. Long-term protection and/or preservation of natural resources and natural features and/or historical and/or architectural features of a significant quantity and/or quality in need of protection or preservation on a local basis. 2. Reduction to a significant extent the nonconformity of a nonconforming use or structure, i.e., modification of a nonconforming use or structure so that, to a significant extent, it is rendered materially more conforming, or materially less offensive, to the zoning district in which it is situated. 3. Significant and material features of the development, as clearly demonstrated by the applicant, that represent unique design excellence that will result in a substantial benefit not otherwise available to the users of the project and community, e.g. the achievement of substantially improved safety for pedestrian and vehicular travel, the avoidance of significant drainage problems, or the like, where such features would be difficult or impossible to achieve absent the use of the planned unit development. B. When completed, a development containing more than five acres shall have at least fifty (50) percent of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted for use for outdoor recreational purposes harmonious with peaceful uses in and surrounding the development; Such open space shall not include the yard areas adjacent to buildings. C. In all events, a development under this Article shall not result in less usable open space than would be required under any other provision of the zoning ordinance for the most dominant use in the development. D. The development shall not result in an unreasonable burden upon public services and/or facilities in relation to the burden which would be imposed if the land were developed and used for a use
2 Salem Township Zoning Ordinance Page 50-2 permitted as of right in the zoning district applicable at the time of making application for rezoning to the PUD District. E. The development shall not impose an unreasonable burden upon the subject and/or surrounding properties, taking into consideration economic, aesthetic, traffic, noise, and other applicable and relevant planning and/or engineering considerations. F. The development shall not unreasonably disturb, impair, or destroy the air, land, water, or other natural resources. G. The development shall be consistent with the public health, safety, and welfare. H. The development shall not have a materially adverse impact upon the Township master land use plan (Growth Management Plan), as amended, and shall be consistent with the intent and spirit of this Article. The development shall be consistent with the character of the Township, as determined in the discretion of the Township Board, following recommendation of the Planning Commission. I. The development shall be under single ownership and/or control such that there is a single person or entity having responsibility for completing and maintaining the project in conformity with this Article. This provision shall not prohibit a transfer of ownership and/or control; provided, however, if such a transfer occurs prior to completion of the project, such transfer, whether voluntary or involuntary, must be made to a single person or entity who shall formally assume to the Township, on documentation approved by the Township Attorney, the responsibility for completing the project in conformity with this Article, and who shall be bound by the terms and conditions of any approvals. Section Permitted Uses A. A Planned Unit Development may be approved in any location in the Township, subject to review and approval as provided for in this Article. B. Any land use authorized in the Zoning Ordinance may be proposed as a Planned Unit Development, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development as provided in this Article, and as determined in the discretion of the Township Board following recommendation of the Planning Commission. However, the following limitations shall apply: 1. In existing residentially zoned districts, a non-residential use may be permitted, in the discretion of the Township Board after recommendation of the Planning Commission; however, a non-residential use shall in all events not be permitted unless: the overall property to be developed is in excess of fifty (50) acres; it is located with frontage on a road designated as a major thoroughfare on the Township's thoroughfare plan; the non-residential structures and parking on the property are substantially screened from existing roads and adjoining residential property; and the total area approved for non-residential use does not constitute more than five (5) percent or 1.25 acres, whichever is less, provided that the Township Board after recommendation by the Planning Commission may approve a greater area if the land is in a location planned for high density use in the master land use plan (Growth Management Plan). 2. In existing non-residentially zoned districts, a residential use may be permitted in the discretion of the Township Board after recommendation of the Planning Commission; however, a residential use shall in all events not be permitted unless: the property is more than twenty-five acres; the Township Board, following recommendation from the Planning Commission, determines that, considering existing and reasonably anticipated future
3 Salem Township Zoning Ordinance Page 50-3 development, the use of the residential units, and vehicular and pedestrian access, will be safe and convenient and the development and use of the residential component of the project will promote a peaceful and secure environment for residential living; the property is not situated within or immediately adjacent to an industrial district; and the residential use does not constitute more than one-third of the total area of the property to be improved for all uses (not including areas which consist of wetlands, watercourses, floodplain, and the like). 3. If a Planned Unit Development is proposed in a district classified for agricultural use, nonresidential uses shall not be permitted. C. In addition, accessory recreational use of open space shall be permitted, provided such use does not result in off-site impact of noise, traffic, or other impacts materially beyond the off-site impacts customarily expected in the surrounding area, taking into consideration land usage and zoning classification in such surrounding area. D. For purposes of this Section 50.03, residential use shall mean any single-family (or multiplefamily, if expressly permitted) dwelling unit and uses ordinarily and customarily incidental and subordinate thereto, such as a private club or other private recreational facility. Section Project Design Standards A. The Township Board shall review the proposed development, after recommendation of the Planning Commission, based upon the following design standards. 1. Residential uses shall be permitted with a maximum density equal to that authorized in the residential existing zoning district in which the property is situated, which may be increased pursuant to subsection H of this Section. For purposes of this calculation, gross acreage shall include all areas to be used for residential purposes and all open space devoted exclusively for residential use or uses accessory thereto or for natural resource preservation. However, gross acreage shall not include bodies of water, designated wetlands, or floodplain, except to the extent the applicant can show to the satisfaction of the Township Board that such areas would be considered developable areas under the zoning ordinance. If the applicant proposes to include such areas within its calculation of gross acreage, the applicant shall submit a traditional (non-pud) site plan conforming to all applicable zoning ordinance regulations for the district in which the subject property is located, in order to establish both developable area and permissible density. In no event may the density permitted in the PUD exceed the maximum density the applicant would be able to achieve in a traditional (non-pud) development of the same property. 2. As part of the Concept Development Plan approval, the density for residential uses in a nonresidential existing district shall be determined in the discretion of the Township Board, following recommendation by the Planning Commission, in a manner consistent with the master land use plan (Growth Management Plan), the standards contained in this Ordinance, and the impact such density would have upon water and sewer services, storm water drainage, road capacity, traffic, parks and recreation, fire and police services, schools, character of the area, and any planned public and private improvements in the area. B. The development shall be designed so as to promote preservation of natural resources and natural features. In the interpretation of this provision, natural resources and natural features may be disturbed, impaired, or destroyed only if it is in the public interest to do so. In determining whether such action is in the public interest, the benefit that would be reasonably expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state, and national concern for the protection and preservation of natural resources and natural features. This provision is intended to supplement, and not supersede other laws and ordinances having similar objectives.
4 Salem Township Zoning Ordinance Page 50-4 C. There shall be a perimeter setback and berming, as found to be necessary by the Township Board after recommendation by the Planning Commission, for the purpose of buffering the development in relation to existing public roads and surrounding properties. The dimension of the perimeter setback shall be established in the discretion of the Township Board after recommendation of the Planning Commission, taking into consideration the use or uses and zoning classifications in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development; however, it is intended that setbacks adjacent to existing public roads shall be heavily wooded or otherwise landscaped to create a screening effect for all developments situated within an existing residential zoning district. D. Nonresidential uses, including, without limitation, parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles. It is recognized that this provision may have limited application to multi-use buildings. E. Where feasible, there shall be underground installation of utilities, including electricity and telephone. F. Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, and to minimize the adverse impact upon surrounding properties and existing uses. G. Noise reduction and visual screening mechanisms, such as earthen and/or landscape berms and/or decorative walls, shall be employed where and as determined by the Township Board. The Township Board, in its discretion and after recommendation by the Planning Commission, shall review and approve of the design and location of such mechanisms in regard to maximizing, to a reasonable extent, the achievement of the screening objectives in those cases where the Township Board determines that such mechanisms would be appropriate in order to promote development that is compatible with the surrounding area and consistent with the character of the area and the community. H. An additional density increase of ten (10) percent of dwelling units for residential uses may be allowed in the discretion of the Township Board based upon a demonstration by the applicant that not less than sixty (60) percent of the total area of the property shall be permanently reserved for open space (which may include outdoor recreational use), and that the set back from existing roads is at least one-hundred (100) feet. I. Applicable regulations: 1. Subject to the following subparagraph 2 of this paragraph (I1), regulations applicable to lot size, lot width, lot coverage, setbacks, offstreet parking and loading, and the like, including the general provisions of the zoning ordinance, shall be those of the zoning district most closely related to the proposed use, as determined by the Township Board, after recommendation by the Planning Commission, taking into consideration the nature of the proposed use, the character of the surrounding uses, and other relevant considerations, including generally accepted planning principles. Mixed uses shall meet the regulations applicable to the respective use districts for the uses included in the mix, or those most closely related to the proposed uses, with the determination relative to which use district regulations to apply being determined in the discretion of the Township Board after recommendation by the Planning Commission, upon the considerations set forth above in order to achieve internal and external compatibility and aesthetic excellence in the project. 2. Consistent with the Planned Unit Development concept, and toward the end of encouraging flexibility and creativity in development, departures from compliance with the regulations
5 Salem Township Zoning Ordinance Page 50-5 provided for in the immediately preceding subparagraph (1) may be granted in the discretion of the Township Board, after recommendation by the Planning Commission, as part of the approval of a Planned Unit Development. Such departures may be authorized on the condition that there are features or planning mechanisms deemed adequate by the Township Board designed into the project for the purpose of achieving the objectives intended to be accomplished with respect to each of the regulations from which a departure is sought. Section Procedure For Review and Approval A. In General The procedure for review and approval of a PUD shall be a two-part process. The first part shall be application for and approval of a Concept Development Plan, which requires a legislative enactment amending the zoning ordinance so as to classify the property to the Planned Unit Development District. Such action, if and when approved, shall confer upon the property owner concept approval for the length of time established by the Township Board in the amendatory ordinance granting the PUD designation for the property. The duration of the effectiveness of concept approval shall be determined in relation to the size of the property and in relation to the anticipated time for development and marketing, all taking into consideration the probability of a change in law or ordinance which would bear upon approval of the Concept Development Plan. Upon application prior to the expiration of the Concept Development Plan, the Township Board may extend the effectiveness of the Concept Development Plan on a year-to-year basis. The second part of the review and approval process shall be the application for and approval of a Final Development Plan for the entire project, or for any one or more phases of the project. Final Development Plan approval requires the grant of conditional land use and site plan approval, to be approved by the Township Board following recommendation of the Planning Commission. B. Concept Development Plan Approval 1. Prior to submission of an application for Planned Unit Development approval, the applicant shall meet in a pre-application conference with the appropriate Township officials, including the Zoning Administrator, and any consultants as deemed appropriate by the Township. The applicant shall present at such conference, or conferences, at least a sketch plan of the proposed Planned Unit Development, as well as the following information: a legal description of the property in question; the total number of acres in the project; a statement of the approximate number of residential units; the known deviations from the ordinance regulations to be sought; the number of acres to be preserved as open or recreational space and intended uses of such space; and all known natural resources and natural features on the property and an indication of the natural resources and features to be preserved. 2. Thereafter, 13 copies of a Concept Development Plan, including a site plan conforming with the application provision set forth below, shall be submitted within 90 days of the preapplication conference required in the immediately preceding paragraph. Such submission shall be made to the Township s Zoning Administrator, who shall present the same to the Planning Commission for consideration at a regular or special meeting. 3. The Planning Commission shall review the Concept Development Plan for preliminary review, and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review, the Planning Commission shall provide the applicant with written comments, which shall be part of the official minutes of the Planning Commission. Such action on the part of the Planning Commission shall vest no rights in the applicant, inasmuch as the specific details of an ultimately approved project are at the very essence of a Planned Unit Development.
6 Salem Township Zoning Ordinance Page Following preliminary review by the Planning Commission referenced in the immediately preceding paragraph, the applicant shall submit to the Zoning Administrator 13 copies of a proposed Concept Development Plan taking into consideration the comments of the Planning Commission during preliminary review, and conforming with the application provision set forth below. This Plan shall constitute an application to amend the zoning ordinance, and shall be noticed for public hearing before the Planning Commission, and otherwise acted upon by the Planning Commission, the County, and the Township Board in the manner provided by law for the amendment of the Zoning Ordinance. 5. The application for Concept Development Plan approval shall include the following information and materials: a. Development Concept: A summary explanation of the development concept of the proposed Planned Unit Development. The development concept shall describe the project and outline the basis for PUD qualification consistent with Section b. Density (1) Overall maximum (2) Maximum for each proposed phase. c. Road System (1) General description of road system and circulation pattern (2) Location of roads. (3) Location and layout of entrances/exits. (4) Location and layout of pedestrian walkways. (5) Statement whether roads are intended to be public or private. d. Utilities (1) General description of proposed water, sanitary sewer and storm sewer systems. (2) Utility lines. (a) Specific location of main lines. (b) General location of other lines. (3) General description of the storm water management plan, including the size and location of storm water detention and permanent retention ponds, and all outlets from the property. e. Open space/common areas (1) General description of proposed open space and common areas (2) Total area of open space, and open space in each proposed phase. (3) Proposed uses of open space and common area. f. Uses (1) List of all proposed uses. (2) Location, type and land area to be devoted to each use: (a) Overall. (b) In each phase. (3) Demonstration that all of the proposed uses, other than single-family detached residential, are permitted under this Article.
7 Salem Township Zoning Ordinance Page 50-7 g. Development Guidelines (1) Site organization. (2) Typical setback and lot dimensions. (3) Minimum lot size for each use. (4) Typical, minimum and maximum building: (a) Height. (b) Size. (5) Parking. (6) Fencing. (7) Lighting. (8) Berming. (9) Building materials. h. Landscaping (1) General landscaping plan. (2) Landscape plan for entrances. (3) Landscape plan for each part of the property perimeter. (4) Any theme/streetscape design. (5) Proposed irrigation. i. Natural resources and features (1) Flood way/flood plain locations and elevations. (2) Location of the ordinary high-water mark. (3) Wetlands and water courses. (a) Location. (b) Description of each. (c) Any proposed encroachments by roads and utilities. (4) Woodlands: location and area of tree stands. (5) Location and description of other natural resources. (6) Location and description of natural features. j. Phasing information (1) Approximate location, area and boundaries of each phase. (2) Proposed sequence of development, including: (a) Phasing areas (b) Improvements (3) Projected timing for commencement and completion of each phase. (4) The uses in each phase. k. Public services and facilities (1) Description of the anticipated demand to be generated by the development for: (a) Public sewer (b) Water. (c) Off site roads. (d) Schools (e) Solid waste disposal (f) On-site and Off-site drainage. (g) Police. (h) Fire (2) Description of the sufficiency of each service and facility to accommodate such demand.
8 Salem Township Zoning Ordinance Page 50-8 (3) Anticipated means by which sufficient services and facilities shall be provided, and a list and sequence of the steps that will be required for such purpose. l. Historical structures (1) Location and description. (2) Proposed preservation plan. m. Site topography of subject property and immediately adjacent property within 100 feet. n. Signage (1) Entrance (2) For road system. (3) Other, if any. o. Amenities p. Zoning classification(s) on and surrounding site. q. Specification of each deviation from the ordinance regulations applicable to projects which will be sought to be approved, and the safeguards, features and/or planning mechanisms proposed to achieve the objectives intended to be accomplished by the regulations from which a deviation is being sought. r. An environmental impact study, which shall contain an assessment of the effects of the development on the natural resources, natural features, hydrology, and ecology of the site, the immediately surrounding area, and the Township as a whole. Information required for compliance with other ordinances shall not be required to be duplicated in the environmental impact study. s. A development impact statement, which shall provide an assessment of the developmental, social, economic, and physical impacts of the project on (1) the community as a whole, and (2) the immediately surrounding area. Information required for compliance with other ordinances shall not be required to be duplicated in the community impact statement. t. Demonstration, including map and text, showing the off-site utilities which will provide services to the project. 6. Effect of Approval: If the Township Board adopts an amendatory ordinance granting the Concept Development Plan, the zoning map shall be amended to designate the property Planned Unit Development. Such designation shall confer upon the applicant concept approval for the Concept Development Plan for a period to be established by the Township Board, applying the standards set forth above. Such period of time shall be specified as part of the amendatory ordinance granting the Planned Unit Development designation for the property. There shall be no use permitted as of right in the PUD District. During the period of effectiveness of the Concept Development Plan, as established by the Township Board, after recommendation by the Planning Commission, the property owner or the owner s agent shall be permitted to submit one (or more if the project is to be proposed in phases) conditional land use and site plan application(s), seeking Final Development Plan approval in the manner provided below. Upon application prior to the expiration of the Concept Development Plan, the Township Board, after recommendation by the Planning Commission, may extend the effectiveness of the Concept Development Plan on a year-to-year basis. In determining whether to extend the effectiveness of the Concept Development Plan, approval may be granted if the ordinances and laws applicable to the project have not changed in a manner
9 Salem Township Zoning Ordinance Page 50-9 which would affect the project as previously approved. In the event of an expiration of the effectiveness of a Concept Development Plan, the property owner or the owner s agent may either make application for a new Concept Development Plan or make application for some other zoning classification for the portion of the development for which a final Development Plan has not been approved, provided, however, all open space, areas used for stormwater management, utilities, common areas, and other areas found by the Township Board after recommendation of the Planning Commission to be an integral part of a partially completed PUD shall remain and be a permanent part of the PUD. C. Final Development Plan Approval 1. Development of property classified PUD shall require the grant of conditional land use approval and site plan approval. Both of such approvals may be sought and obtained concurrently upon request of the property owner or the owner s agent and approval by the Planning Commission. The grant of conditional land use approval and site plan approval shall be made by the Township Board, following recommendation of the Planning Commission. 2. Conditional land use and site plan approval may be applied for and granted with respect to the entire development or in one or more phases. However, if the project is proposed in phases, the design shall be such that, upon completion, each phase, or all completed phases, shall be capable of standing on its or their own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the Planned Unit Development and the residents or other occupants in the surrounding area. In addition, where the density of a particular phase, taking into consideration all previously approved phases, is greater than permitted for the development as a whole, the Township Board, after recommendation of the Planning Commission, shall require the execution and recordation of appropriate covenants, open space agreements, or the like, as approved by the Township Attorney, for the purpose of ensuring that the maximum density permitted under this Article shall not be exceeded in the event future phases are not approved and/or constructed. The Township Board shall specify the improvements required to be constructed outside of the phase or phases proposed in order to support and service such phase or phases. In addition, the Township Board may require, after recommendation of the Planning Commission, the recordation of permanent or temporary easements, open space agreements, and other instruments, all as approved by the Township Attorney, in order to ensure the use and development of property as proposed and/or to promote and/or protect the public health, safety and welfare in a specific manner consistent with the intent and spirit of this Article. 3. Subject to the specific provisions of this Article, conditional use approval and site plan approval shall be based upon the standards and procedures set forth in the sections of this Ordinance for conditional use approval and site plan approval, respectively. In addition to the information required in such sections, the applicant shall submit the following: a. Demonstration, including map and text, that the requirements of paragraph (3)(b) of this Section shall be met. b. To the extent not provided by the information submitted in accordance with the requirements above, the following additional information and documentation shall be submitted: (1) Sufficient information to demonstrate compliance with the Project Design Standards in this Article. (2) A site plan showing the type, location and density of all structures and uses. (3) A plan showing all open spaces, including preserves, recreational areas, and the like, and the purpose and/or function proposed for each area.
10 Salem Township Zoning Ordinance Page (4) Expert opinion of an independent consultant with regard to market need for the use or uses and economic feasibility of the project. (5) A specification of all deviations proposed from applicable regulations. This specification shall state the reasons and mechanisms to be utilized for the protection of the public health, safety and welfare in lieu of the regulations which would otherwise apply. (6) Additional landscaping details required by the Planning Commission and/or Township Board during the review process in order to achieve a specific purpose consistent with the letter and spirit of this Article. (7) The general improvements that constitute a part of each phase proposed, including, without limitation, lighting, signage, visual and noise screening mechanisms, drainage and utilities, and a statement summarizing any particular character or motif sought to be achieved. 4. The Planning Commission shall conduct a public hearing and otherwise proceed with the review of a Final Development Plan and Site Plan in the manner specified in this Article for site plan review and conditional land use review, with the authorization, if approved by the Planning Commission, for such reviews to be conducted simultaneously; provided, however, the final action to be taken by the Planning Commission shall be in the form of a recommendation to the Township Board. Such recommendation shall be with or without conditions. 5. Upon receipt of a recommendation on a Final Development Plan from the Planning Commission, the Township Clerk shall place the matter on the agenda of the Township Board for review and action. The Township Board may adjourn the consideration from time-to-time if determined appropriate for the purpose of receiving further information or consultation on the proposed Final Development Plan. 6. At the conclusion of the Township Board s deliberation, the Township Board shall either grant conditional land use and/or site plan approval, with or without conditions, or deny. If approval is denied, the minutes of the Township Board shall include the grounds for denial. If approval is granted with conditions, the minutes of the Township Board shall include a statement of the conditions. Section Performance Guarantees The Township Board, may require reasonable performance guarantees to insure completion of improvements, as authorized by law. Such performance guarantees shall include documentation reasonably required by the Township Attorney. Section Conditions Reasonable conditions may be required with the approval of a Planned Unit Development, to the extent authorized by law, for the purpose of insuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole. In addition, conditions imposed shall be reasonably related to the purposes affected by the Planned Unit Development, and shall be necessary to meet the intent and purpose of this Article, and be related to the objective of insuring compliance with the standards of this Article. All conditions imposed shall be made a part of the minutes of the Township Board.
11 Salem Township Zoning Ordinance Page Section Phasing and Commencement and Completion of Construction Phasing: Where a project is proposed for construction in phases, the project shall be designed and sequenced such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to insure proper drainage and the protection of natural resources and the health, safety, and welfare of the users of the Planned Unit Development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, phasing shall contemplate that at least thirty-five (35) percent of all proposed residential units are completed concurrent with the first phase of any nonresidential construction; provided, however, if only one nonresidential phase is proposed, at least seventy-five (75) percent of all proposed residential units shall be completed concurrent with the nonresidential construction. At least seventy-five (75) percent of all proposed residential construction shall be completed prior to the second phase of any nonresidential construction, and one-hundred (100) percent of all residential construction shall be completed prior to the third phase of any nonresidential construction. For purposes of carrying out this provision, the percentages shall be approximations as determined in the discretion of the Township Board after recommendation of the Planning Commission. Such percentages may be significantly varied should the Township Board determine, in its discretion, that the applicant has presented adequate and effective financial guarantees that the residential component or components of the project shall be completed within a specified period. Commencement and Completion of Construction: Construction shall be commenced within one (1) year following final approval of the Final Development Plan, or within one year of any other necessary governmental approval for commencement of the project, whichever is later, provided all other necessary approvals have been actively pursued. Each phase of the project shall be commenced within one year of the schedule established for same in the application submitted for the Planned Unit Development. If construction is not commenced within such time, any approval of the Final Development Plan for the project shall expire and be null and void; provided, however, that an extension for a specified period may be granted by the Township Board after recommendation of the Planning Commission, upon good cause shown if such request is made to the Township Board prior to the expiration of the initial period. Moreover, in the event a Final Development Plan has expired, the Township Board shall be authorized to rezone the property in any reasonable manner, and if the property remains classified as Planned Unit Development, a new application shall be required, and shall be reviewed in light of the then existing and applicable law and ordinance provisions. Section Effect of Approval If and when approved, a Final Development Plan interpreted together with the Concept Development Plan, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be undertaken accordingly. The property owner shall record an affidavit with the Register of Deeds of the County of Washtenaw in a form approved by the Township Attorney containing the legal description of the entire project, specifying the date of approval of the Planned Unit Development, and declaring that all future development of the property has been authorized and required to be carried out in accordance with the approved Concept Development Plan and Final Development Plan. Section Fees There shall be an advanced payment of fees at the time of the pre-submission conference, at the time of application for Concept Development Plan Approval, and at the time of application for Final Development Plan Approval. The amount of such fees shall be established by ordinance or resolution of the Township Board.