[Amended 7-11-1991 by Ord. No. 1355; 11-21-2013 by Ord. No. 1679]
A traditional neighborhood development is permitted as a conditional
use in the R-1, R-2 and R-3 Districts.
B.
The provisions of this article are established to:
(1)
Permit a flexibility that will encourage a creative approach to land
development which will foster efficient, aesthetic and desirable use
of open areas.
(2)
Permit a latitude in land and building design, building placement,
use of open spaces, the circulation network and off-street parking
areas and best utilize the potentials of sites characterized by special
features of topography, geography, shape or size.
(3)
Produce an integrated or balanced development of mutually supporting
uses that might otherwise be inharmonious, incongruous or prohibited.
C.
The permitted location of traditional neighborhood development projects
shall be as follows:
(1)
Residential planned development projects may locate only in those
districts as set forth in this article.
(2)
The site shall abut, and the major internal street serving the traditional
neighborhood development shall be functionally connected to, at least
one primary or secondary arterial as defined in the Comprehensive
Plan[1] for the City.
[1]
Editor's Note: The Comprehensive Plan is on file in the City
offices.
D.
The minimum site area required for a traditional neighborhood development
shall be five acres.
In a traditional neighborhood development, only the following
uses are permitted:
A.
Residential buildings, either detached, semidetached, attached or
multistoried structures or any combination thereof.
B.
Accessory incidental retail and service uses to serve the traditional
neighborhood development only and limited to a delicatessen, dry cleaning
and/or laundry-receiving station, doctors' and/or dentists' offices,
pharmacy, barber shop and/or beauty shop or similar retail and/or
service uses approved by the Planning Commission. Certificates of
occupancy for such uses shall not be issued until 1/2 of the total
project is completed.
C.
Recreation facilities.
D.
Public or parochial elementary schools, churches and uses accessory
to a church, libraries and community halls.
Bulk, dimensional, coverage and open space requirements are
as follows:
A.
The requirements for front yards for the zone in which the traditional
neighborhood development is located shall apply to all exterior boundary
lines of the site.
B.
A minimum of 10% of the total area of the traditional neighborhood
development shall be dedicated or reserved as usable common open space
land. An area of at least 5,000 square feet in area but no less than
to provide 200 square feet for each dwelling unit shall be provided
convenient to the residential areas for recreation purposes. Such
areas may be part of the 10% dedicated or reserved as open space.
This area shall be provided with appropriate play equipment, benches
and landscaping. The developer may provide a swimming pool and other
recreational facilities to be operated by businessmen or by an association
of residents of the traditional neighborhood development.
C.
Horizontal distances.
(1)
Each structure containing dwelling units shall be designed to
maintain a minimum horizontal distance of no less than the following:
(a)
End walls that face each other but contain no apartment windows:
15 feet.
(b)
End walls that face each other and contain apartment windows:
30 feet.
(c)
End wall of one building faces principal facade (front or rear)
of neighboring building: 45 feet.
(d)
Principal facades, front or rear, of neighboring buildings that
face each other: 60 feet.
(2)
Adjacent buildings may abut one another if the width of abutting
walls is not more than six feet and if the angle formed by the abutting
buildings is not less than 75° nor more than 105°.
(3)
Facades of adjacent buildings shall be considered as facing
each other if they are parallel or would, if extended towards one
another to intersect, form an angle of not more than 45°.
(4)
Connected groups of abutting buildings shall not exceed 300
feet in total length.
(5)
Distances shall be construed as the shortest dimension between
any parts, including projecting balconies of adjacent buildings.
D.
The heights of buildings shall not exceed the requirements of the
zone in which they are located.
E.
Permitted site coverage may not exceed the percentage of coverage
permitted in the zone in which the project is located.
F.
The number of dwelling units permitted shall not exceed the quotient
derived by dividing one net acre by the minimum lot size permitted
in the zone in which the traditional neighborhood development is located.
A net acre is determined by subtracting the area of streets to be
dedicated for public use from the total site acreage.
G.
All areas of the site not covered by buildings or paved shall be
either planted in natural material or left in the state existing prior
to development, except that growth harmful to humans shall be removed
from the site.
B.
Streets within a traditional neighborhood development shall be constructed
by the developer in accordance with PennDOT specifications, shall
be curbed in concrete, provided with adequate storm drainage and shall
be at least 27 feet wide, curb to curb.
C.
Sidewalks shall meet City specifications.
D.
Streets, sidewalks, parking areas and storm drainage systems shall
be designed by a registered professional engineer who shall prepare
drawings to show profiles, contours, cross-sections indicating material
thicknesses and drainage layout.
E.
All streets, sidewalks, parking areas and storm drainage systems
shall be approved by the City Engineer.
A.
Application for tentative approval.
(1)
An application for tentative approval of the development plan
shall be filed by or on behalf of the landowner or, if several adjacent
parcels are included in the plan, by the several landowners.
(2)
The application shall be submitted to the Secretary of the Planning
Commission no later than 10 days prior to the regular monthly meeting
of the Commission at which the development plan is to be considered.
(3)
The development plan, at a scale of one inch equals 50 feet
or one inch equals 100 feet, shall contain the following:
(a)
A survey map showing the following existing conditions:
[1]
Contours at two-foot intervals throughout the site except where
the slope exceeds 20%, where five-foot intervals will be permitted.
[2]
Location of all roads, opened and unopened, adjacent to the
site, indicating edge of pavement and right-of-way lines.
[3]
Location and size of all sanitary sewers, storm sewers, waterlines,
gas lines, electric lines and telephone lines proposed to serve the
plan, indicating also manholes, invert elevations at manholes, storm
inlets, hydrants, valves, poles, etc.
[4]
Location of easements within the site indicating width, purpose
and grantee.
(b)
A plan showing the following proposals at a scale of one inch
equals 50 feet or one inch equals 100 feet:
[1]
Location, height and use of all structures on the site.
[2]
Location of all access roads within the site, plus all parking
and loading areas, indicating width of roads and of parking areas
and number of parking spaces.
[3]
Location of open spaces and recreation areas indicating proposed
development of the latter.
[4]
Location and size of all proposed sanitary sewers, storm sewers,
waterlines, gas lines, electric lines and telephone lines, indicating
also manholes, invert elevations at manholes, storm inlets, hydrants,
valves, etc.
[5]
Contours at two-foot intervals indicating how grades are to
be altered to accommodate the development.
(c)
A written report indicating:
[1]
Density of land use to be allocated to various parts of the
site, such parts to be outlined on the map.
[2]
The form of organization proposed to own and maintain the common
open space.
[3]
The feasibility of proposals for the disposition of sanitary
waste and stormwater.
[4]
The substance of any covenants, grants, easements or other restrictions
to be imposed upon the use of land or buildings in the development.
[5]
A schedule showing the approximate dates when the developer
proposes to make application for final approval of various segments
of the development, such segments to be outlined on the plan and such
schedule to be updated annually on the anniversary of its initial
approval.
[6]
A statement prepared by the landowner setting forth the reasons
that, in his/her opinion, a traditional neighborhood development on
his/her site would be in the public interest and would be consistent
with the Comprehensive Plan for the City.[1]
[1]
Editor's Note: The Comprehensive Plan is on file in the City
offices.
B.
Public hearing.
(1)
Within 60 days after the filing of an application for tentative
approval, the Planning Commission shall call and hold a public hearing
pursuant to public notice. Public notice shall appear twice, once
in each of two consecutive weeks, in a newspaper of general local
circulation, the first notice not more than 30 days before the hearing
and the second notice not less than seven days before. Such notice
shall state the date, time and place of the hearing, the location
of the development and a brief description of the proposal.
(2)
The Planning Commission shall hold the public hearing, and its
Chairman or his/her designated representative may administer oaths
and compel the attendance of witnesses. All testimony by witnesses
at the hearing or its continuance shall be given under oath, and every
party of record at the hearing shall have the right of cross-examination
of adverse witnesses.
(3)
Parties to the proceeding wishing copies of the testimony taken
may request a verbatim record to be made, but such parties shall bear
the expense of making and transcribing the record.
(4)
The hearing may be continued from time to time but shall be
concluded no later than 60 days after the date at which it commenced.
C.
Procedure following public hearing.
(1)
The Planning and Zoning Commission shall, as soon as possible
following the conclusion of the public hearing, recommend to Council
that the traditional neighborhood development be either:
(2)
Within 60 days after the conclusion of the public hearing, Council
shall inform the landowner, in writing, that his/her traditional neighborhood
development proposal has been either:
(3)
Failure of Council to act within the sixty-day time limit period
shall be deemed as a grant of tentative approval of the development
plan as submitted.
(4)
If the development plan is granted tentative approval subject
to conditions and the landowner refuses to accept the conditions,
he/she shall notify Council within 30 days after he/she is informed
of Council's decision that he/she cannot accept the conditions, in
which case tentative approval shall be deemed to have been denied.
(5)
Council, in its official written communication to the landowner,
shall indicate not only its decision but also findings of fact resolving:
(a)
The extent to which the development plan is consistent with
the City Comprehensive Plan.
(b)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise in force within the site.
(c)
The purpose, location and amount of the common open space in
the development plan and proposals for maintenance and conservation
of the common open space.
(d)
The merits of the physical design, including the manner in which
the design makes adequate provision for public services and provides
adequate control over vehicular traffic and further amenities of light
and air, recreation and visual enjoyment.
(e)
The relationship of the planned development to the neighborhood
of which it is a part.
(f)
The adequacy of the terms and conditions governing the development
intended to protect the interests of the public and the residents
of the traditional neighborhood development if such development is
carried out over a period of years.
D.
Status of the plan after tentative approval.
(1)
The City Clerk shall certify two copies of the official written
communication to the landowner, retain one and mail one to the landowner.
(3)
No modification of the development plan as submitted and accepted
by the City and agreed to by the landowner shall be permitted, nor
shall the City modify, revoke or otherwise impair the approval without
the consent of the landowner, provided that the landowner has not
violated any terms of the tentative approval.
(4)
Should the landowner abandon the development plan prior to filing
for final approval on all portions of the plan and so notify the City
Clerk or, if the landowner fails to file applications for final approval
within the times agreed upon in the tentative approval, the tentative
approval for those areas of the plan not yet given final approval
shall be deemed to have been revoked, and such areas will become again
subject to local ordinances as undeveloped land and the same shall
be noted on the Zoning Map.
(5)
The landowner shall make application for final approval of the
first portion of the development plan not later than 90 days after
being granted tentative approval. Failure to make such application
will revoke the tentative approval.
E.
Application for final approval.
(1)
An application for final approval may be for all the land included
in a development plan or, if designated in the tentative approval,
a portion of the land.
(2)
An application for final approval shall be submitted to the
Secretary of the Planning Commission at least 10 days prior to the
regular Commission meeting at which such application is to be considered.
(3)
The application shall contain, for the area for which final
approval is sought, all requirements of the proposed plan and written
report necessary to obtain tentative approval, and in addition:
(a)
Construction documents for building of streets, sidewalks, parking
areas, sewer lines, waterlines and recreation areas.
(b)
Letters of agreement from the Butler Area Sewer Authority and
the Butler Water Company that entrance may be made to their systems.
(c)
A certified performance bond running in favor of the City for
the full amount of construction of streets, sidewalks, parking areas,
sewer lines, waterlines and recreation areas, such amount being established
by the engineer or engineers designing the facilities and approved
by the City Engineer.
(d)
Any covenants and rights of easement, in the form in which they
will be filed as legal documents affecting development.
(e)
A written description indicating changes made in the plan if
conditions regarding the plan were attached to the tentative approval.
(4)
Provided that all conditions of the tentative and final approvals
have been met to the satisfaction of the Planning Commission, the
Planning Commission shall so advise Council.
(5)
If the Planning Commission finds variations in the application
for final approval when compared with the plan given tentative approval,
the Commission shall so notify Council.
(6)
Council shall, not later than 30 days following filing of the
application with the Planning Commission, notify the landowner, in
writing, that his/her plan has been approved or indicate why variations
in the final plan are not in the public interest.
(7)
If Council does not grant final approval, the landowner may
then either:
(a)
Refile his/her application within 60 days after the date of
the meeting at which his/her application was refused, without the
variations noted by Council.
(b)
File a written request with the Clerk for a public hearing to
consider his/her final approval application as submitted, such hearing
to be pursuant to public notice within 30 days after a request by
the landowner has been filed.
(c)
Take no action, in which case the development plan shall be
deemed to have been abandoned.
(8)
If the landowner requests a public hearing, such public hearing
shall be conducted in the manner prescribed for public hearings for
tentative approval. Council shall within 30 days after such hearing,
by official written communication, in the manner required for tentative
approval, either grant or deny final approval.
(9)
A development plan given final approval shall be certified immediately
by Council and shall be filed within 15 days after grant of final
approval in the office of the Butler County Recorder of Deeds, after
which development of the site area for which final approval has been
granted may proceed.
(10)
Upon filing of the development plan with the Recorder of Deeds,
all zoning and subdivision regulations previously applying to the
area recorded shall cease to apply to the area.
(11)
If the landowner abandons his/her development plan after final
approval and so informs Council or fails to carry out the development
within the time period agreed upon in the final approval, no further
applications for final approval shall be considered by Council for
subsequent portions of the same site, and no further development of
such subsequent portions of the site shall be permitted until that
area is reclassified and resubdivided by enactment of an amendment
to this chapter.
(12)
When the sequence of development of a site takes place over
a period of years, the time between applications for final approval
of each part of the plan shall be not less than 12 months nor more
than 30 months.
A.
The landowner shall satisfy the Planning Commission at the time of
application for final approval that all areas for which the final
approval is sought will be adequately maintained in perpetuity so
as not to cause a public nuisance.
B.
If the landowner provides for the establishment of an association
of residents of the traditional neighborhood development to own and
maintain common open spaces on the site, he/she shall indicate the
organization of such association, including bylaws, and the legal
mechanism that will bind such association to perpetual maintenance
of the common open space.
C.
In the event that the organization established to own and maintain
common open space, or any successor organization, fails to maintain
the common open space in reasonable order and condition, Council may
serve written notice upon such organization or upon the residents
of the traditional neighborhood development setting forth the deficiencies
in maintenance, demanding that they be corrected within 30 days and
stating the time and place of a public hearing to be held within 14
days of the notice to consider the deficiencies, at which time the
deficiencies noted may be modified or the time period for correction
extended.
D.
If the deficiencies are not corrected within 30 days, Council may
enter the common open space containing the deficiencies and maintain
the area for a period of 12 months, at the expiration of which Council
shall call a second public hearing, with notice to the organization
and residents of the traditional neighborhood development, at which
the organization or the residents shall show cause why Council should
cease maintenance based on the ability of the organization or the
residents to again discharge such responsibility in the future. Public
hearings shall be called thereafter not less frequently than once
per year to consider termination of City maintenance until such termination
occurs.
E.
The decision to continue or cease maintenance shall lie with the
City.
F.
The period during which the City shall maintain common open space
shall not constitute a taking of land or entitle the public to use
of such common open space unless so provided in the conditions establishing
the space.
G.
The cost of maintenance of common open space by the City shall be
assessed ratably against the properties within the traditional neighborhood
development that have rights to the common open space and shall become
a lien on the properties, to be filed by the City with the Prothonotary
of Butler County at time of entrance into the common open space.
To further the mutual interest of the residents of the traditional
neighborhood development and of the public in the preservation of
the integrity of the development plan as finally approved, and to
ensure that modifications, if any, in the development plan shall not
impair the reasonable reliance of the residents upon the provisions
of the development plan and shall not result in changes that would
adversely affect the public interest, the enforcement and modification
of the provisions of the development plan as finally improved, whether
recorded by plat, covenant, easement or otherwise, shall be subject
to the following provisions:
A.
The provisions of the development plan relating to the use, bulk
and location of buildings and structures, the quality and location
of common open space, except as otherwise provided in this section,
and the intensity of use or the density of residential units shall
run in favor of the City and shall be enforceable in law or in equity
by the City, without limitation on any powers of regulation otherwise
granted the City by law.
B.
All provisions of the development plan shall run in favor of the
residents of the traditional neighborhood development, but only to
the extent expressly provided in the development plan and in accordance
with the terms of the development plan, and to that extent the provisions,
whether recorded by plat, covenant, easement or otherwise, may be
enforced at law or equity by the residents acting individually, jointly
or through an organization designated in the development plan to act
on their behalf; however, no provisions of the development plan shall
be implied to exist in favor of residents of the traditional neighborhood
development except as to those portions of the development plan which
have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced
by the City under this section may be modified, removed or released
by the City, except grants or easements relating to the service or
equipment of a public utility, subject to the following conditions:
(1)
No modification, removal or release of the provisions of the
development plan by the City shall affect the rights of the residents
of the traditional neighborhood development to maintain and enforce
those provisions, at law or equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the
development plan by the City shall be permitted except upon a finding
by Council, following a public hearing thereon pursuant to public
notice called and held in accordance with the provisions of this section,
that the same is consistent with the efficient development and preservation
of the entire traditional neighborhood development, does not adversely
affect either the enjoyment of land abutting upon or across the street
from the traditional neighborhood development or the public interest
and is not granted solely to confer a special benefit upon any person.
D.
Residents of the traditional neighborhood development may, to the
extent and in the manner expressly authorized by the provisions of
the development plan, modify, remove or release their rights to enforce
the provisions of the development plan, but no such action shall affect
the right of the City to enforce the provisions of this section.
