To guarantee that streets in and bordering each subdivision
or land development are coordinated with the municipal circulation
system and are of such widths, grades, locations and construction
as to accommodate anticipated traffic and facilitate emergency service
access;
To insure that sewage disposal and public or private
water supply systems are efficiently designed and have adequate capacity
for future demands, and that on-lot sewage disposal and water supply
systems are safely separated from each other;
To safeguard land subject to flooding, periodic high-water
table or high incidence of erosion from development practices that
would aggravate these circumstances;
To curtail erosion damage, prevent unnecessary destruction
of natural plant materials or excessive earth disturbance and minimize
the impact of stormwater run-off on drainageways and downstream properties;
To establish a precise, simple, uniform and objective
procedure for review and disposition of subdivisions and land development
plan proposals and to ease the process of conveyance of title to property.
No lot in a subdivision may be sold or leased, no
permit to erect or move any building upon land in a subdivision or
development plan may be issued and no building, permanent or temporary,
may be erected in a subdivision or development plan unless and until
a subdivision or land development plan has been approved in accordance
with the requirements of this chapter and recorded in the office of
the Butler County Recorder of Deeds, and until the improvements required
by this chapter, if part of the approved plan, have either been constructed
or guaranteed by bond.
In their interpretation and application, the provisions
of this chapter are held to be the minimum requirements adopted for
the protection of the public health, safety, morals and general welfare.
This chapter shall not apply to any lot or lots, subdivision
or land development plan created and lawfully recorded prior to enactment
of this chapter. However, the development of individual lots shall
be in accordance with the provisions of this chapter. Any lot, subdivision
or development plan illegally recorded or not legally recorded prior
to enactment shall not be given legal status by enactment of this
chapter.
Any redivision or combining of lots or adjustment
of lot lines within a plan previously approved and/or recorded, or
any rearrangement of structures, parking areas, access points, graded
land surfaces or other elements within a development plan, shall be
subject to the provisions of this chapter.
The Board of Supervisors reserves to itself final
approval authority on all subdivision and land development plans.
The Board shall not act until it has received recommendations from
the Planning Commission and until it has allowed the Butler County
Planning Commission at least 30 days to review and to comment upon
each such subdivision and land development plan.
The Board shall call and hold a public hearing on
each amendment proposed for this chapter after soliciting both the
Township and County Planning Commissions for recommendations and before
voting to adopt or reject the amendment.
The Planning Commission shall first receive all subdivision
and land development plans, shall review them and make timely recommendations
to the Board of Supervisors regarding adoption or rejection or adoption
with certain specific revisions in accordance with the requirements
of this chapter. The Planning Commission shall also recommend to the
Board specific action on adoption of amendments to the chapter proposed
by either body or by a landowner.
Minor subdivision: shall be considered the division
of any complete lot, complete parcel or tract of land or part thereof
into not more than 10 lots, parcels or tracts for the imminent or
future conveyance, transfer, improvement, sale or lease of said lots,
parcels or tracts when all of such lots, parcels or tracts thus created
abut a public road in existence prior to consideration of the proposed
subdivision. In addition, such subdivision shall include no extension
of public sewer and water lines, streets or other public improvements
and shall not, by intent on the part of the owner/applicant or his
successors, subsequently be part of a later division of the original
lot, parcel or tract creating a total of more than 10 lots, parcels
or tracts except under provisions for a major subdivision.
Major subdivision: shall be considered the division
of any lot, parcel or tract of land or part thereof into two or more
lots, parcels or tracts for the imminent or future conveyance, transfer,
improvement, sale or lease of such lots, parcels or tracts of land,
when any or all of the lots, parcels or tracts so created do not abut
a public road in existence prior to consideration of the proposed
subdivision and/or require extension of public improvements; or when
more than 10 lots, parcels or tracts so created or further subdivided
as in the case of townhouses or multifamily lots all abut a public
road in existence prior to consideration of the proposed subdivision
and do not require extension of public sewer or water service or streets
or other public improvements.
Mobile home park: shall be considered a parcel (or
contiguous parcels) of land which has been so designated and improved
that it contains two or more mobile home lots for lease, each such
lot for the placement thereon of one mobile home.
Minor land development plan: shall be considered a
small-scaled development, change of use or addition to an existing
commercial building, but which does not involve utility line extensions
or the construction of new streets or access driveways.
RV parks and campgrounds: shall be considered a parcel
(or contiguous parcels) of land which has been so designated and improved
that it contains two or more RV pads for lease, each pad for the placement
of one recreational vehicle or camper.
Land development plan: shall be considered the arrangement
of buildings and structures (or a single nonresidential building),
paved and planted surfaces, utility systems and accessways that together
constitute the development of a lot, tract or parcel of land or contiguous
lots, tracts or parcels of land. The development of a lot for a single-family
detached dwelling shall not be considered a land development.
If any section, clause, paragraph, regulation or provision
of this chapter is found invalid by a court of law, such judgment
shall not affect, impair, invalidate or nullify the remaining sections,
clauses, paragraphs, regulations or provisions, but only the clause,
paragraph, regulation or provision found invalid by the court.
All ordinances or parts of ordinances or regulations
in conflict with this chapter or inconsistent with its provisions
are hereby repealed to the extent necessary to give this chapter full
force and effect. However, where another ordinance, law or restrictive
covenant imposes a higher standard in a particular regulation, that
standard shall supersede this chapter in the particular instance.
The provisions of this chapter, so far as they are
common to those regulations in force immediately prior to the enactment
of this chapter, are intended as a continuation of such prior regulations
and not as new enactments. Such parts of the prior regulations that
are omitted from this chapter shall be deemed repealed.
The adoption of this chapter does not make legitimate
development activity in the Township illegal under provisions of the
prior regulations, nor does it annul any litigation currently being
pursued or that may be pursued in the future against such illegal
activity.
The approval of any subdivision or land development
plan shall not constitute a representation, guarantee or warranty
of any kind by the Township or by any official or employee of the
practicality or safety of the arrangement of lots and improvements
or other elements within the development covered by the approval and
shall create no liability upon the Township, its officials or employees.
No plan of a subdivision or land development proposed
for Adams Township shall be recorded in any public office unless or
until that plan shall bear the certified recommendation for approval
of the Planning Commission and the final approval of Board of Supervisors.
It shall be unlawful for any person to sell, trade
or otherwise convey or offer to sell, trade or otherwise convey any
lot or parcel of land as a part of or in conformity with any plan,
plat or replat of any subdivision or land development unless and until
said plan, plat or replat shall have been first recorded in the office
of the Butler County Recorder of Deeds.