[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.
(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:
(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:
I.
General requirements.
(1)
Area requirements in the RAM, Preservation and Transition Overlay
Districts.
(2)
Area and dimensional requirements in the RC and RAL Districts:
(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).
(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.
A.
A written statement by the landowner setting forth
the reasons why, in his opinion, a planned residential development
would be in the public interest and would be consistent with the comprehensive
plan for the development of Adams Township;
B.
The location, size, and topography of the site and
the nature of the landowner's interest in the land proposed to be
developed;
C.
The density of residential land use to be allocated
to parts of the site to be developed;
D.
The location and area of the common open space and
the form of organization proposed to own and maintain the common open
space and services;
E.
The use and the maximum height, bulk and location
of buildings and other structures;
F.
The feasibility of proposals for the disposition of
sanitary wastes and stormwater and the provision of a potable water
supply to all dwellings;
G.
The substance of covenants, grants of easements or
other restrictions proposed to be imposed upon the use of the land,
buildings, and structures, including proposed easements or grants
for public utilities;
H.
The provisions for parking of vehicles and the location
and width of proposed streets and public ways;
I.
In the case of development plans which call for development
over a period of years, a schedule showing the proposed times within
which applications for final approval of all sections of the planned
residential development are intended to be filed and this schedule
must be updated annually, on the anniversary of its approval, until
the development is completed and accepted.
J.
The location, list of plantings and dimensions of
proposed bufferyards consistent with the provisions of § 192-53E5(c).
[Amended 9-29-2008 by Ord. No. 125]
K.
The Planning Commission may, at its discretion, require a traffic study to be prepared if it is clear the project will have a significant impact on roads or streets adjacent to and near the project. Such study shall identify existing traffic volumes and projected volumes based on the characteristics of the uses proposed, with particular attention to intersections used to provide direct or indirect access to the development site. The provisions of § 192-60, Traffic, shall dictate the content of the traffic study, and specific mitigations to address deficiencies in the transportation network shall be included.
[Amended 9-29-2008 by Ord. No. 125]
A.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. The application shall be made to the Township Code Enforcement Officer within the time or times specified by the official written communication granting tentative approval. The application shall include the documents required by § 192-43 as well as any covenants, easements, performance bonds and conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required, provided the development plan, or the part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
B.
The application shall be immediately forwarded to
the Planning Commission which shall review it at its next regular
meeting thereafter and recommend approval or further action as provided,
in this section, to the Board of Supervisors.
C.
In the event the application for final approval has
been filed together with all drawings, specifications and other documents
in support thereof, and as required by the chapter and the official
written communications of tentative approval, Adams Township shall,
within 45 days of such filing, grant such development plan final approval
and authorize the issuance of building permits.
D.
In the event the development plan as submitted contains
variations from the development plan given tentative approval, the
Board of Supervisors shall refuse to grant final approval and shall,
within 30 days from the filing of the application for final approval,
so advise the landowner in writing of said refusal, setting forth
in said notice the reasons why one or more of said variations are
not in the public interest. In the event of such refusal, the landowner
may either:
(1)
Refile his application for final approval without
the variations objected; or
(2)
File a written request with the Board that it hold
a public hearing on his application for final approval. If the landowner
wishes to take either such alternate action he may do so within 30
additional days after being informed of the Board's action. In the
event the landowner shall fail to take either of these alternate actions
within said time, he shall be deemed to have abandoned the development
plan. Any such public hearing shall be held pursuant to public notice
within 30 days after request for the hearing is made by the landowner,
and the hearing shall be conducted in the manner prescribed in this
article for public hearing on applications for tentative approval.
Within 30 days after the conclusion of the hearing, the Board shall
by official written communications either grant final approval to
the development plan or deny final approval.
E.
A development plan, or any part thereof, which has
been given final approval shall be so certified without delay by the
Board and shall be filed of record forthwith in the office of the
Recorder of Deeds before any development shall take place in accordance
therewith. Upon filing of record of the development plan, the zoning
and subdivision regulations otherwise applicable to the land included
in such plan shall cease to apply thereto. Pending completion within
a reasonable time of the planned residential development or of that
part thereof, as finally approved, no changes in the conditions of
approval shall be made by the Township, except with the consent of
the landowner.
F.
In the event that a development plan, or a section
thereof, is given final approval and thereafter the landowner abandons
such plan or the section thereof that has been finally approved, and
shall so notify the governing body in writing, or in the event the
landowner shall fail to commence and carry out the planned residential
development within the time limitations contained in the tentative
approval, no further development shall take place on the property
included in the development plan until after said property is resubdivided
and is reclassified by enactment of an amendment to this chapter unless
written request for an extension of the time period is granted by
the Board of Supervisors to the landowner.
A.
Tract boundary lines, right-of-way lines of streets,
easements and other rights-of-way, and property lines of residential
lots and other sites, when applicable, with accurate dimensions, bearings
or deflection angles and radii, arcs and central angles of all curves;
B.
Name and right-of-way width of each street or other
right-of-way;
C.
Location and dimension and purpose of easements;
D.
Number to identify each lot and/or site when applicable;
E.
Purpose for which sites other than residential are
dedicated or reserved;
F.
Minimum building setback line on all lots and other
sites;
G.
Location and description of survey monuments;
H.
Names of record owners of adjoining unplatted land;
I.
Reference to recorded subdivision plats of adjoining
platted land by record name, date, and number;
J.
Certification by surveyor or engineer certifying to
accuracy of survey and plat;
K.
Certification of title showing that applicant is the
landowner;
L.
Statement by owner dedicating streets, rights-of-way
and sites for public uses;
M.
Title, scale, North arrow, and date.
N.
The table
of minimum area, open space, permitted uses, and maximum density is
applicable to all planned residential developments:
[Added 9-29-2008 by Ord. No. 124; amended 12-11-2017 by Ord. No. 162]
|
Zoning District
|
Minimum Area
(acres)
|
Minimum Open Space %
(gross site area)
|
Permitted Uses
|
Maximum Density
(dwelling unit per acre)
|
|---|---|---|---|---|
|
RC
|
25
|
35
|
SFR
|
0.8
|
|
RAL
|
25
|
25
|
SFR
|
1
|
|
RAM
|
25
|
25
|
SFR, DD, Townhouse
|
4
|
|
Personal services
|
20
|
25
|
SFR
|
2
|
|
228 Overlay
|
20
|
25
|
SFR, DD, Townhouse
|
4
|
|
NOTES:
| ||
|
1
|
SFR = Single-family dwelling.
| |
|
2
|
DD = Double dwelling.
| |
