A.
The application for a proposed planned residential development shall
be submitted by the landowner for tentative approval to the Zoning
Officer for distribution to the Planning Commission. Eight copies
of all materials required by this article, and the application fee
shall be included with the submittal. In addition, the landowner is
responsible for the Mylar and its delivery to the Butler County Planning
Commission for review and comment (Resolution 2003-A).
B.
The Planning Commission shall review the application and send one
copy to the Board of Supervisors together with recommendations as
herein specified.
C.
Within 60 days after the filing of the application, the Board of
Supervisors 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 30 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.
D.
The Board of Supervisors shall conduct the hearing. The Chairperson
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.
E.
Not later than 60 days after the conclusion of the hearing, the Board
of Supervisors shall officially notify the landowner in writing that
the Board of Supervisors has either:
(1)
Granted tentative approval of the plan as submitted;
(2)
Granted tentative approval subject to specified conditions not
included in the submitted plan; or
(3)
Denied tentative approval of the plan.
(4)
Failure of the Board of Supervisors 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.
F.
If conditions are attached to approval, the applicant may either:
H.
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 Brady 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 the 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.
I.
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.
J.
The official written communication provided for in this article shall
be certified by the Secretary of Brady 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 Brady Township Zoning Map.
K.
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 Brady
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.
L.
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 Brady 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 Brady 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 Brady 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, size and type of landscaping for buffer yards;
K.
The Planning Commission shall require a traffic study to be prepared
if it is clear the project will have a significant impact on roads
adjacent to and near the project. Such study shall address existing
traffic volumes and volumes generated by the project, particularly
with reference to intersections providing access to the project, and
shall recommend specific improvements to alleviate congestion at intersections
and on adjacent roads.
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 Zoning Officer within the time or times specified by the official written communication granting tentative approval. The application shall include the documents required by § 350-604 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, Brady Township shall, within 45 days from the
date of the regular meeting of the governing body or the planning
agency, whichever first reviews the application next following the
date the application is filed, grant such development plan final approval;
provided, however, that should the next regular meeting occur more
than 30 days following the filing of the application, the forty-five-day
period shall be measured from the 30th day following the day the application
has been filed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
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 date of the regular meeting of the governing body or the planning
agency, whichever first reviews the application next following the
date the application is filed, 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; provided,
however, that should the next regular meeting occur more than 30 days
following the filing of the application, the forty-five-day period
shall be measured from the 30th day following the day the application
has been filed. In the event of such refusal, the landowner may either:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Refile his application for final approval without the variations
objected; or
(2)
File a written request with the Board of Supervisors 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 of Supervisor'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 of Supervisors 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 of Supervisors
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, right-of-way and sites for
public uses;
M.
Title, scale, North arrow, and date.
