[Amended 3-7-2005 by Ord.
No. 109; 9-29-2008 by Ord. No. 124; 9-29-2008 by Ord. No. 125; 12-11-2017 by Ord. No. 162]
A. Preapplication conference (optional). Before submission of an application
for tentative approval, the applicant is strongly encouraged to meet
with the Zoning Officer, Code Enforcement Officer, Township Engineer
and other personnel as may be necessary to determine the feasibility,
suitability, aesthetics, and timing of the application.
B. An applicant proposing to develop a planned residential development
shall attend a regularly scheduled meeting of the Adams Township Planning
Commission to discuss the key components of the development. The following
information shall be made available for discussion:
(1) Location of proposed development, and zoning district designation.
(2) Primary access roads and transportation service area.
(3) Type of dwelling units proposed.
(4) Location of nearest public water and sanitary sewage facilities.
(5) Amount of open space.
(a)
Active space for recreation.
(b)
Passive undisturbed open space.
(6) Proposed density, using dwelling units per gross acre.
(7) Timetable for providing required improvements and phasing of development.
(8) Development narrative which identifies the following:
(a)
Consistency with the Adams Township Comprehensive Plan.
(b)
Benefits to Adams Township and design components consistent
with tenets of smart growth.
(c)
Consistency with Adams Township Parks, Trails, and Open Space
Plan.
(d)
Use of building materials compatible with those used within
the zoning district.
(e)
Unique land forms or structure layout and overall objectives
of the proposed site design.
(f)
Connectivity with existing developments, including but not limited
to roads and trails.
C. The application for a proposed planned residential development shall be submitted by the landowner for tentative approval to the Planning Commission and shall include all the materials required by §
192-41 in three copies. In addition the landowner shall provide one copy of the plan to the Butler County Planning Commission.
D. The Commission shall review the application and send one copy to
the Board of Supervisors together with recommendation.
E. Within 60 days after the filing of the application, the Board shall
call and hold a public hearing on it. The hearing may be continued
from time to time but shall be concluded not later than 60 days after
being first convened. Notice of the hearing shall appear twice in
a newspaper of general local circulation, the first time not less
than 14 days before the hearing and the second time not less than
seven days thereafter, and shall announce the date, time, place, and
purpose of the hearing and the times and place when and where the
application may be examined prior to the hearing. In addition, the
property on which the planned residential development is proposed
shall be posted in at least one prominent place with the same information
contained in the notice not less than seven days before the hearing.
F. The Board shall conduct the hearing. The Chairman may administer
oaths and compel the attendance of witnesses. All testimony shall
be given under oath, and every party of record shall have the right
to cross examine adverse witnesses. A verbatim record shall be made,
but costs of copying shall be borne by those requiring copies. All
exhibits accepted in evidence shall be identified and preserved until
the conclusion of the hearing.
G. Action following hearing.
(1) Not later than 60 days after the conclusion of the hearing, the Board
shall officially notify the landowner in writing that the Board has
either:
(a)
Granted tentative approval of the plan as submitted;
(b)
Granted tentative approval subject to specified conditions not
included in the submitted plan; or
(c)
Denied tentative approval of the plan.
(2) Failure of the Board to schedule or hold a public hearing or communicate
a decision within the sixty-day limits shall be deemed as approval
of the plan as submitted.
H. If conditions are attached to approval, the applicant may either:
(1) Notify the Board within 30 days that he cannot accept all of them,
in which case tentative approval with the attached conditions shall
be presumed denied; or
(2) Do nothing within 30 days, in which case tentative approval with
the attached conditions shall be presumed granted.
I. General requirements.
(1) Area requirements in the RAM, Preservation and Transition Overlay
Districts.
(a)
Minimum twenty-acre tract with all land contiguous where more
than one recorded parcel is proposed for development.
(b)
Minimum 25% of gross area to be designated as active or passive
open space, excluding land in conservation easements.
(2) Area and dimensional requirements in the RC and RAL Districts:
(a)
Minimum twenty-five-acre tract with all land contiguous where
more than one recorded parcel is proposed for development.
(b)
Minimum 35% of gross site area to be designated as open space.
[1]
Excludes land for right-of-way.
[2]
Minimum open space areas shall be at least 1% of the gross site
area.
[3]
A maximum of 50% of the total open space area shall be utilized
for active recreation.
(c)
Except as stated in the underlying zoning, minimum lot sizes
for dwelling units shall be 0.5 acre (21,780 square feet).
(3) Use requirements.
(a)
Permitted uses (except as otherwise indicated).
[1]
Single-family detached dwellings (RAL, RAM, P-1, P-2, and RC
Districts).
[2]
Double dwellings (RAM, T-1, T-2, T-3).
[3]
Townhouse (RAM, R-5B Districts).
[4]
Garden apartment (R-5B District).
[5]
Active recreation (all districts where PRDs are permitted).
[6]
Passive open space (all districts where PRDs are permitted).
(b)
Accessory uses:
[2]
Parking areas for guests.
[3]
Garden and storage sheds.
(c)
Recreational facilities. The applicant shall refer to the Adams
Township Parks, Trails, and Open Space Plan for proposed recreational
opportunities identified in the area being developed as a planned
residential development.
J. The official written grant or denial of tentative approval shall
include not only conclusions but also findings of fact related to
the specific proposal and shall set forth the reasons for approval
or denial and any attached conditions to approval, as well as specific
reasons why the plan would or would not be in the public interest
on the proposed site, including but not limited to the following:
(1) In those respects in which the development plan is or is not consistent
with the Comprehensive Plan for Adams Township;
(2) The extent to which the development plan departs from zoning and/or
subdivision regulations otherwise applicable to the subject property,
including but not limited to density, bulk and use, and the reasons
why such departure is or is not deemed to be in the public interest;
(3) The purpose, location, and amount of the common open space in the
planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential and
development;
(4) The physical design of the development plan and the manner in which
said design does or does not make adequate provision for public services,
provides adequate control over vehicular traffic, and furthers the
amenities of light and air, and visual enjoyment;
(5) The relationship, beneficial or adverse, of the proposed planned
residential development to neighborhood in which it is proposed to
be established; and
(6) In the case of a development plan which proposes development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
K. Upon receiving tentative approval, the applicant shall, not more
than one year thereafter, file an application for final approval of
the first phase of the plan.
L. The official written communication provided for in this article shall
be certified by the Secretary of Adams Township and shall be filed
in the office of the Secretary. A certified copy shall be mailed to
the landowner; where tentative approval has been granted, this shall
be recorded on the official Adams Township Zoning Map.
M. Tentative approval of a development plan shall not qualify the planned
residential development for recording nor authorize development or
the issuance of any building permits. A development plan which has
been given tentative approval as submitted, or which has been given
tentative approval with conditions acceptable to the landowner, shall
not be modified or revoked nor otherwise impaired by action of Adams
Township pending an application or applications for final approval,
without the consent of the landowner, provided an application for
final approval is filed or, in the case of development over a period
of years, provided applications are filed, within the periods of time
specified in the official written communications granting tentative
approval.
N. If a development plan is given tentative approval, and thereafter,
but prior to final approval, the landowner elects to abandon the development
plan and shall so notify Adams Township in writing, or in the event
the landowner shall fail to file application or applications for final
approval within the required period of time or times, as the case
may be, the tentative approval shall be deemed to be revoked and all
that portion of the area included in the development plan for which
final approval has not been given shall be subject to the zoning regulations
that applied prior to tentative approval of the development plan or
as they may be amended from time to time, and the same shall be noted
on the Township Zoning Map and in the records of the Secretary of
Adams Township.