[Added 7-13-2020 by Ord. No. 2020-01; amended 5-22-2023 by Ord. No. 2023-01]
Following conditional use approval by the Township, the developer shall obtain required approvals for Traditional Neighborhood Development District (TND) by following a review process which shall consist of a tentative development plan, public hearings and approvals, and a final development plan. The Planning Commission shall review the initial submission and preliminary development plan and make recommendations to the Board of Supervisors which shall hold public hearings and make a decision on the final development plan.
A.
Initial submission:
(1)
Each applicant shall confer with the Clinton Township Planning Commission at a scheduled monthly meeting.
(2)
A written statement of planning objectives to be achieved by the applicant shall be included for discussion. The statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. Every application shall be based on and interpreted in relation to the community development goals and objectives for Clinton Township.
(3)
No formal requirement for plan or material submission is established for the initial submission. However, the higher the level of data the developer presents, such as sketch plans, land use concepts, density ranges proposed, ancillary use proposals, site information, existing perimeter conditions, access considerations and utility needs, the more direction he will receive for guidance in preparing an acceptable plan for local approval.
(4)
No development plans shall be considered for formal Planning Commission review until the preliminary plan development has been filed.
B.
Preliminary development plan (application for tentative approval). A preliminary development plan shall be presented in sufficient detail to provide the Township Planning Commission with a major substantive review of the proposed TND. This step of approval process shall be initiated by, or on behalf of, the developer, through the submission of a formal application for tentative approval of a TND to the Township Planning Commission. The application shall be submitted no later than 14 days prior to the regular monthly meeting of the Planning Commission at which the development plan is to be considered. The following documentation shall be submitted in support of the application:
(1)
Written documents:
(a)
The title under which the subdivision or land development is to be recorded.
(b)
A legal description of the total site proposed for development including a statement of present and proposed ownership, present and proposed zoning, and the names and addresses of all owners of adjacent property.
(c)
A statement of planning objectives as detailed under § 185-72A(2), Initial submission.
(d)
A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the TND, such as land areas, dwelling units, etc.
(e)
Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space, including a separate figure for usable open space; total amount of nonresidential construction; including a separate figure for commercial or institutional facilities; economic feasibility studies or market analysis where necessary; and other studies as may be designated by the Planning Commission.
(f)
The name and address of the owner of the subdivision or land development, or of his agent, if any, and of the subdivider or developer.
(g)
The name and address of the engineer or surveyor together with his registration number and seal attached.
(2)
Site plan and supporting maps. A site plan at a scale no smaller than one inch equals 100 feet (except where total size of TND dictates a smaller scale) and any maps necessary to show the major details of the proposed TND shall contain the following minimum information:
(a)
Site conditions, lot lines and plot designs.
[1]
The existing site conditions including contours at a minimum interval of two feet up to ten-percent slope and a minimum interval of five feet for over ten-percent slope, watercourse, floodplains, unique natural features, and forest cover and other natural vegetation considered significant by the Planning Commission and the Township Engineer.
[2]
Proposed lot lines and plot designs. The plot and property lines of the proposed plan to include their courses and distances and the interior angles of their intersections with the boundary lines of adjacent property.
(b)
The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units by code, density per type, and nonresidential structures, including commercial facilities. All structures shall be distinguished and identified on the plan by code. Preliminary evaluations and/or architectural renderings of typical structures and improvements shall be provided. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvements but should not be encumbered with final detail at this stage.
(c)
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses. The form of organization proposed to own and maintain the common open space.
(d)
The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. Detailed engineering drawings of cross sections and street standards shall be handled in the final development plan stage.
(e)
The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, including proposed treatments of points of conflict.
(f)
The existing and proposed utility systems including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(g)
A general landscape plan indicating the treatment of materials used for private and common open space. The landscape plan should be in general schematic form at this stage. A grading plan is not required at this stage.
(h)
Enough information on land areas adjacent to the proposed TND to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape.
(i)
The proposed treatment of the perimeter of the TND, including materials and techniques used such as screens, fences and walls.
(j)
The substance of any covenants, grants, easements or other restrictions to be imposed upon the use of lands or buildings in the development.
(k)
Any additional information as required by the Planning Commission necessary to evaluate the character and impact of the proposed TND.
(3)
Projected scheduling of phases. In the case of development plans which call for development over a period of years, a schedule shall be provided showing the proposed times within which applications for final approval of all sections of the TND are intended to be filed. This schedule shall be reviewed annually with the Planning Commission by the developer on the anniversary of the tentative approval, until the development is completed and accepted. It shall be the obligation of the developer to request said reviews in writing within the thirty-day period prior to the anniversary date of the tentative approval. The time period between grant of tentative approval and application for final approval shall not be less than 90 days and in the case of developments to be carried out over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
C.
Public hearings and approvals:
(1)
Within 60 days following the regular monthly meeting of the Planning Commission, at which the application for tentative approval of a TND is officially reviewed, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(2)
A verbatim record of the hearing shall be caused to be made by the governing body whenever such records are requested by any party to the proceedings; the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(3)
The Board of Supervisors may continue the hearing from time to time, provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(4)
Approval or disapproval:
(a)
The Clinton Township Board of Supervisors, within 60 days following the conclusion of the public hearing, shall, by official written communication to the developer, either:
(b)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, the tentative approval is granted subject to conditions, the developer may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify such body of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the developer does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan with all said conditions shall stand as granted.
(c)
The Board of Supervisors in its official written communication to the developer, a copy of which shall be submitted to the Planning Commission, shall indicate not only its decision but also findings of fact resolving:
[1]
The extent to which the development plan is or is not consistent with the Clinton Township Comprehensive Plan;
[2]
The extent to which the development plan departs from zoning and the subdivision regulations otherwise applicable to the subject property, and the reasons why such departures are or are not deemed to be in the public interest;
[3]
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;
[4]
The merits of the physical design including the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic and furthers the amenities of light and air, recreation and visual enjoyment;
[5]
The relationship, beneficial or adverse, of the proposed TND to the neighborhood in which it is proposed to be established; and
[6]
The adequacy of the terms and conditions governing the development intended to protect the interests of the public and the residents of the TND if such development is carried out over a period of years.
(d)
The Secretary of Clinton Township shall certify two copies of the official written communication. One copy shall be retained by the Board of Supervisors and the other sent to the developer via certified mail.
(e)
Tentative approval of a development plan, whether conditional or unqualified, shall not qualify a plat of a TND for recording nor authorize development or the issuance of any building or construction permits. Except for the terms specified by a tentative approval, a tentative approval shall not be modified or revoked nor otherwise impaired by action of the municipality pending the applications for final approval provided that the applications for final approval are filed not later than 90 days after being granted tentative approval.
(f)
The approved tentative plan shall be submitted to the Butler County Planning Commission for review and comments.
(g)
In the event that the development plan is given tentative approval and thereafter, but prior to final approval, the developer shall elect to abandon said development plan and shall so notify the Secretary of Clinton Township in writing, or in the event the developer 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 those local ordinances otherwise applicable thereto.
D.
Final development plan. After the preliminary development plan is approved by the Planning Commission, the developer shall thereafter submit detailed plans for any part or section of the land for which he desires final approval. An application for final approval shall be submitted to the Secretary of Clinton Township at least 14 days prior to the regular Planning Commission meeting at which the application is to be considered. The Planning Commission shall review the detailed plans to determine if they comply with this section and with the overall plan originally submitted by the developer and shall make recommendations to the Board of Supervisors. No zoning or building permit shall be issued until after approval by the Board of Supervisors of the detailed plans for the section in which the proposed development is located. Approval of any detailed plans shall lapse unless more than token construction is started in this section within one year. No legal or equitable conveyance of land or buildings within the development may be made until the developer has complied with all applicable ordinances.
(1)
The application shall contain, for the areas for which final approval is sought, all requirements of the proposed plan and the written report necessary to obtain tentative approval, and in addition:
(a)
Construction documents for the building of streets, sidewalks, parking areas, sanitary sewer lines, water lines, storm drainage systems, erosion and sedimentation control facilities and recreation;
(b)
Letters from the public suppliers of water and sewage disposal stating they will serve the development;
(c)
Certificate from either the Department of Environmental Protection of the Commonwealth of Pennsylvania or its successors or the Butler County Conservation District stating that the erosion and sedimentation control plan has been approved and that a permit has been issued for earthmoving activity by the Department;
(d)
A certified performance bond, improvement bond, or other security acceptable, to the benefit of the municipality in which the development is located, the amount of bond equal to 110% of the estimated cost for installation of all public improvements, such amount to be established by the engineer designing the facilities in cooperation with the Township Engineer. The Township Supervisors may require the posting of financial security to secure the structural integrity of any improvements consistent with standards authorized by the Pennsylvania Municipalities Planning Code;[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
Any covenants and rights of easement, in the form in which they will be filed as legal documents, affecting development; and
(f)
A written description indicating changes made in the tentative plan required to secure tentative approval.
(2)
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 official written communication of tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval.
(3)
The final development plan shall be deemed in substantial compliance with the preliminary development plan, provided modification by the applicant does not involve a change of any of the following:
(a)
Violate any provision of this section.
(b)
Vary the lot area requirement by more than 10% of the amount specified on the approved preliminary development plan.
(c)
Increase the floor area proposed for nonresidential use by more than 10% of the area specified on the approved preliminary development plan.
(d)
Increase the total ground area covered by buildings by more than 5% of the amount specified on the approved preliminary development plan.
(4)
Minor changes in the location, siting, and height of buildings and structures may be authorized by the Board of Supervisors without additional public hearings if required by engineering or other circumstances not foreseen at the time the preliminary plan was approved and a positive recommendation is received from the Planning Commission. No change authorized by this subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of use.
(d)
An increase in the problems of traffic circulation and public utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading space.
(g)
A reduction in required pavement widths.
(5)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the developer 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 developer may either:
(a)
Refile his application for final approval within 60 days without the objectionable variations; or
(b)
File a written request with the Board of Supervisors that it hold a public hearing on this application for final approval. If the developer wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days it the time for applying for final approval shall have already passed at the time when the developer was advised that the development plan was not in substantial compliance. In the event the developer 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 developer, and the hearing shall be conducted in the manner prescribed in this section for public hearings on applications for tentative approval. Within 30 after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan, in cases arising under this section, shall be in the form and contain the findings required for an application for tentative approval.
(6)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed within 15 days after the grant of final approval in the office of the Butler County Recorder of Deeds before any development shall take place in accordance therewith. Unless the development plan or part thereof is so recorded, no construction shall commence on the project site. Upon the 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 said planned development, or of that part thereof, as the case may be, that has been finally approved, no modifications of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the developer. Each structure in the development will require a separate building permit. Not later than the date on which the finally approved plan is recorded, the developer shall post with the Township the certified performance bond required by Subsection D(1)(d) above.
(7)
In the event that a development plan, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event the developer shall fail to commence and carry out the planned development within the schedule projected and approved in the application for tentative approval, or such amendment as subsequently mutually agreed to by the developer and the Board of Supervisors, no development or further development shall take place on the property included in the development plan until the property or portion not yet developed is reclassified by enactment of an amendment to this chapter, placing it in an appropriate zoning district.
(8)
If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the Board of Supervisors. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved final development plan.