Brady Township Butler County
City Zoning Code
City Zoning Code
ARTICLE VI
Planned Residential Development
§ 350-601 Processing of tentative plans.
[Amended 5-21-2024 by Ord. No. 2024-01]
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).
The Planning Commission shall review the application and send one copy to the Board of Supervisors together with recommendations as herein specified.
Within 60 days after the filing of an application for tentative approval of a planned residential development, the governing body shall conduct a public hearing on the application, pursuant to the public notice and written notice requirements of § 350-1104.
The governing body may continue the hearing from time to time, and where applicable, may refer the matter back to the planning commission for a report, 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.
The governing body within 60 days following the conclusion of the public hearings or within 180 days after the date of filing of the application, whichever occurs first, shall notify the landowner, by official written communication, that the development plan is either:
Granted tentative approval of the plan as submitted;
Granted tentative approval subject to specified conditions not included in the submitted plan; or
Denied tentative approval of the plan.
Failure of the governing body to hold the public hearing or communicate its decision within the time periods required by this section shall be deemed to be a grant of tentative approval of the development plan as submitted.
If conditions are attached to approval, the applicant may either:
General requirements.
Use requirements.
Permitted uses (except as otherwise indicated).
Single-family detached dwellings;
Duplexes;
Townhouse;
Active recreation (all districts where PRDs are permitted);
Passive open space (all districts where PRDs are permitted);
Banks;
Restaurants;
Child-care centers;
Commercial recreational facility;
Veterinary office;
Catering services;
Professional or business offices;
Personal services;
Retail sales and services.
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:
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for Brady Township;
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;
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;
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;
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
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.
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.
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.
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.
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.
§ 350-602 Plans required for tentative approval.
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;
The location, size, and topography of the site and the nature of the landowner's interest in the land proposed to be developed;
The density of residential land use to be allocated to parts of the site to be developed;
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;
The use and the maximum height, bulk and location of buildings and other structures;
The feasibility of proposals for the disposition of sanitary wastes and stormwater and the provision of a potable water supply to all dwellings;
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;
The provisions for parking of vehicles and the location and width of proposed streets and public ways;
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;
The location, size and type of landscaping for buffer yards;
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.
§ 350-603 Processing of final plans.
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.
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.
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)]
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)]
Refile his application for final approval without the variations objected; or
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.
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.
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.
§ 350-604 Plans required for final approval.
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;
Name and right-of-way width of each street or other right-of-way;
Location and dimension and purpose of easements;
Number to identify each lot and/or site when applicable;
Purpose for which sites other than residential are dedicated or reserved;
Minimum building setback line on all lots and other sites;
Location and description of survey monuments;
Names of record owners of adjoining unplatted land;
Reference to recorded subdivision plats of adjoining platted land by record name, date, and number;
Certification by surveyor or engineer certifying to accuracy of survey and plat;
Certification of title showing that applicant is the landowner;
Statement by owner dedicating streets, right-of-way and sites for public uses;
Title, scale, North arrow, and date.