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Montgomery City Zoning Code

§ 16-6.8

Early Starts, Models, Sales Centers and Temporary Construction Trailers.

[Ord. #95-845, S 3]
a. 
Purposes and Findings. The following provisions are intended to permit and regulate the limited and/or temporary use of certain structures on lands which have received final major subdivision and/or site plan approval as provided hereinbelow.
b. 
Early Starts. Early starts shall be permitted in finally approved residential developments, provided that the following requirements shall be completed and have been approved by the appropriate Township official(s) prior to the issuance of an early start building permit:
1. 
The final major subdivision and/or final major site plan shall identify the lot(s) for which the early start(s) is requested and said final major subdivision and/or final major site plan shall be approved by the Planning Board or Zoning Board of Adjustment, as the case may be, for the section or phase of the development in which the lot(s) for the requested early start(s) is located.
2. 
The number of early starts permitted in any section or phase of the development shall be no greater than 5%, rounded down to the nearest whole number, of the total number of dwelling units approved for that section or phase, provided that a minimum of one early start may be permitted for a development of less than 20 dwelling units and a maximum of 10 early starts may be permitted in total for all sections or phases of a development, if approved by the Board.
3. 
Final construction plans and a lot specific grading plan shall be reviewed, approved and signed by the appropriate Township officials.
4. 
Required performance guarantees shall be posted, and payment of construction inspection, escrows, off-tract improvement deposits, landscape escrow and any other required fees and deposits shall be made.
5. 
The final plat and required conservation deed restrictions and/or easements, deeds of dedication and any other required easements shall be filed.
6. 
The applicant shall submit the required writeoffs and/or approvals from other agencies having jurisdiction.
7. 
A preconstruction meeting between the Township Engineer, developer and its agents and contractors shall be scheduled and convened.
8. 
Installation and acceptance of soil erosion and sediment control devices and delineation of all limits of construction shall be completed.
9. 
Installation of stormwater detention basin(s) outlet structure and associated piping, outlet protection and inlet piping shall be completed.
10. 
Site stripping, topsoil stockpiling and temporary stabilization of stockpiles shall be completed.
11. 
Installation of public water, or where there is no public water, the installation of the required underground water storage tank system and ancillary wells and controls for fire protection purposes shall be completed, or the applicant shall have deposited the required escrow monies in accordance with Subsection 16-5.16c and 16-5.16d1 of this chapter.
12. 
Installation of on-site utilities shall be completed, including storm sewers and appurtenant structures, sanitary sewers and appurtenant structures (where required), underground public utilities or conduit pipe crossings located within the paved roadway, curbs (where required), and roadway stabilized bituminous concrete base course or other base course which will maintain the cleanliness of existing public street, subject to the review and approval of the Township Engineer.
13. 
All open excavations shall be entirely fenced for public safety purposes.
c. 
Models. Models shall be permitted in finally approved residential developments, provided that all the requirements in Subsections 16-6.8b3 through 16-6.8b13 hereinabove are met and provided further that the following requirements are completed and have been approved by the appropriate Township official(s) prior to the issuance of a temporary certificate of occupancy for the model(s):
1. 
The final major subdivision and/or final major site plan shall identify the lot(s) upon which the requested model(s) shall be constructed, and said final major subdivision and/or final major site plan shall be approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, for the section or phase of the development in which the subject lot(s) is located.
2. 
The number of models permitted in any section or phase of a single-family development shall be no greater than the number of basic home designs required for that section or phase in accordance with Subsection 16-5.18b3 of this chapter. The number of models permitted for any multiple-family development shall be determined by the Board.
3. 
Installation of off-site and remaining on-site utilities shall be completed, and approval by the appropriate agency(s) and issuance of approval to operate the utilities shall be obtained by the developer.
4. 
Installation of stabilized base course of bituminous concrete paving from existing paved roadway up to and across the entire frontage of the lot containing the model shall be completed.
5. 
Models shall be permitted only on streets where on-street parking is permitted. No off-street, temporary parking shall be permitted.
6. 
A model building may receive a temporary certificate of occupancy provided that all toilet facilities within that portion of a model building not approved to be used as a sales center shall not be functional and shall be labeled "Display Only: Do Not Use."
7. 
No conveyance of a model to a purchaser and no issuance of a permanent certificate of occupancy for a model to be used and occupied as a residential unit shall be permitted until the following is done:
(a) 
The model is converted to a dwelling unit in compliance with the plans approved by the Board and in compliance with the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Such conversion shall include the removal and restoration of any temporary accommodations, such as modified landscaping or walkways, and the conversion of a garage to its automobile storage function where the garage portion of a model is used as a sales center; and
(b) 
All other conditions of final approval are met.
d. 
Sales Centers.
1. 
One temporary sales center may be permitted within an approved residential development only during the period necessary for the sale of new homes within such development, providing that the preliminary or final major subdivision and/or preliminary or final major site plan shall identify the location of the sales center which shall be subject to the review and approval of the Board. Where the sales center has not been approved as part of the residential development application, a separate site plan application shall be submitted for review and approval by the Board.
2. 
The sales center may be located in a temporary structure or trailer, provided that where a model(s) has been provided in accordance with Subsection 16-6.8c hereinabove, the sales center shall be located within the model, and any existing sales center located in a temporary structure or trailer shall be removed within 30 days of the issuance of the temporary certificate of occupancy for the model.
For planned developments, a sales center also may be a dual-purpose structure, housing both sales and marketing activities as well as recreation and other services for residents. 70% of such a dual-purpose structure may be devoted to sales and marketing activities, provided that a minimum of 30% of the structure is allocated to serve recreation and other resident-oriented programs, and further provided that the structure is allocated completely to resident-oriented activities, including recreation, office and meeting room use, upon the completion of the project.
3. 
Where the sales center is housed in a temporary structure or trailer, the sales center shall be located on the site within the limits of clearing established and approved by the Board. The proposed location of the temporary structure shall not require any clearing of existing vegetation or grading beyond that which is proposed and approved for the residential development. The developer shall be required to restore the site to the final condition approved by the Board upon the removal of the temporary structure.
4. 
Off-street parking for the sales center shall be provided in those instances where the Board determines that there is sufficient on-street parking provided on improved public streets.
5. 
A temporary certificate of occupancy shall be obtained for a sales center.
6. 
Where a sales center is combined with a model, the residential unit shall be converted, as necessary, to its intended residential use prior to the conveyances of the combined model building/sales center to a purchaser, and any temporary accommodation, such as modified landscaping, driveways or walkways, must be removed and restored as otherwise approved by the Board.
e. 
Temporary Construction Trailers.
1. 
Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance for a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, are permitted, provided said trailer(s) and sign are on the site where the construction is taking place and are not on any existing street or easement or within any "critical" area.
The Township Construction Official may issue one year extensions, upon written request by the developer, for the continuation of the temporary construction trailers and sign.
2. 
The temporary construction trailer(s) shall be set back at least 30 feet from all existing public streets and shall be located on the site in an area where no clearing or grading is specifically required for the temporary construction trailer(s), except as approved by the Board for the residential development.
3. 
There shall be at least one working telephone in the trailer.
4. 
A temporary certificate of occupancy shall be required for a temporary construction trailer. No site plan approval is required, provided that:
(a) 
The initial location of the construction trailer(s) and sign shall be shown on the final grading plans submitted with the final subdivision plans to be reviewed by the Board; and
(b) 
All necessary information is provided to the Township Zoning Officer and Construction Official with the application and final plot plan for the temporary construction trailer(s) and sign.
5. 
The developer shall be required to remove any improvements associated with the temporary construction trailer(s) and restore the site in accordance with the final construction, grading and landscaping plans approved by the Board for the residential development.