Butler City Zoning Code
ARTICLE XV
Traditional Neighborhood Development
§ 260-97 Permitted locations.
A traditional neighborhood development is permitted as a conditional use in the R-1, R-2 and R-3 Districts.
§ 260-98 General regulations.
B.
The provisions of this article are established to:
(1)
Permit a flexibility that will encourage a creative approach to land development which will foster efficient, aesthetic and desirable use of open areas.
(2)
Permit a latitude in land and building design, building placement, use of open spaces, the circulation network and off-street parking areas and best utilize the potentials of sites characterized by special features of topography, geography, shape or size.
(3)
Produce an integrated or balanced development of mutually supporting uses that might otherwise be inharmonious, incongruous or prohibited.
C.
The permitted location of traditional neighborhood development projects shall be as follows:
(1)
Residential planned development projects may locate only in those districts as set forth in this article.
(2)
The site shall abut, and the major internal street serving the traditional neighborhood development shall be functionally connected to, at least one primary or secondary arterial as defined in the Comprehensive Plan[1] for the City.
[1]
Editor's Note: The Comprehensive Plan is on file in the City offices.
D.
The minimum site area required for a traditional neighborhood development shall be five acres.
§ 260-99 Permitted uses.
In a traditional neighborhood development, only the following uses are permitted:
A.
Residential buildings, either detached, semidetached, attached or multistoried structures or any combination thereof.
B.
Accessory incidental retail and service uses to serve the traditional neighborhood development only and limited to a delicatessen, dry cleaning and/or laundry-receiving station, doctors' and/or dentists' offices, pharmacy, barber shop and/or beauty shop or similar retail and/or service uses approved by the Planning Commission. Certificates of occupancy for such uses shall not be issued until 1/2 of the total project is completed.
C.
Recreation facilities.
D.
Public or parochial elementary schools, churches and uses accessory to a church, libraries and community halls.
§ 260-100 Bulk regulations; coverage; open spaces.
Bulk, dimensional, coverage and open space requirements are as follows:
A.
The requirements for front yards for the zone in which the traditional neighborhood development is located shall apply to all exterior boundary lines of the site.
B.
A minimum of 10% of the total area of the traditional neighborhood development shall be dedicated or reserved as usable common open space land. An area of at least 5,000 square feet in area but no less than to provide 200 square feet for each dwelling unit shall be provided convenient to the residential areas for recreation purposes. Such areas may be part of the 10% dedicated or reserved as open space. This area shall be provided with appropriate play equipment, benches and landscaping. The developer may provide a swimming pool and other recreational facilities to be operated by businessmen or by an association of residents of the traditional neighborhood development.
C.
Horizontal distances.
(1)
Each structure containing dwelling units shall be designed to maintain a minimum horizontal distance of no less than the following:
(a)
End walls that face each other but contain no apartment windows: 15 feet.
(b)
End walls that face each other and contain apartment windows: 30 feet.
(c)
End wall of one building faces principal facade (front or rear) of neighboring building: 45 feet.
(d)
Principal facades, front or rear, of neighboring buildings that face each other: 60 feet.
(2)
Adjacent buildings may abut one another if the width of abutting walls is not more than six feet and if the angle formed by the abutting buildings is not less than 75° nor more than 105°.
(3)
Facades of adjacent buildings shall be considered as facing each other if they are parallel or would, if extended towards one another to intersect, form an angle of not more than 45°.
(4)
Connected groups of abutting buildings shall not exceed 300 feet in total length.
(5)
Distances shall be construed as the shortest dimension between any parts, including projecting balconies of adjacent buildings.
D.
The heights of buildings shall not exceed the requirements of the zone in which they are located.
E.
Permitted site coverage may not exceed the percentage of coverage permitted in the zone in which the project is located.
F.
The number of dwelling units permitted shall not exceed the quotient derived by dividing one net acre by the minimum lot size permitted in the zone in which the traditional neighborhood development is located. A net acre is determined by subtracting the area of streets to be dedicated for public use from the total site acreage.
G.
All areas of the site not covered by buildings or paved shall be either planted in natural material or left in the state existing prior to development, except that growth harmful to humans shall be removed from the site.
§ 260-101 Parking and street construction.
B.
Streets within a traditional neighborhood development shall be constructed by the developer in accordance with PennDOT specifications, shall be curbed in concrete, provided with adequate storm drainage and shall be at least 27 feet wide, curb to curb.
C.
Sidewalks shall meet City specifications.
D.
Streets, sidewalks, parking areas and storm drainage systems shall be designed by a registered professional engineer who shall prepare drawings to show profiles, contours, cross-sections indicating material thicknesses and drainage layout.
E.
All streets, sidewalks, parking areas and storm drainage systems shall be approved by the City Engineer.
§ 260-102 Application procedures.
A.
Application for tentative approval.
(1)
An application for tentative approval of the development plan shall be filed by or on behalf of the landowner or, if several adjacent parcels are included in the plan, by the several landowners.
(2)
The application shall be submitted to the Secretary of the Planning Commission no later than 10 days prior to the regular monthly meeting of the Commission at which the development plan is to be considered.
(3)
The development plan, at a scale of one inch equals 50 feet or one inch equals 100 feet, shall contain the following:
(a)
A survey map showing the following existing conditions:
[1]
Contours at two-foot intervals throughout the site except where the slope exceeds 20%, where five-foot intervals will be permitted.
[2]
Location of all roads, opened and unopened, adjacent to the site, indicating edge of pavement and right-of-way lines.
[3]
Location and size of all sanitary sewers, storm sewers, waterlines, gas lines, electric lines and telephone lines proposed to serve the plan, indicating also manholes, invert elevations at manholes, storm inlets, hydrants, valves, poles, etc.
[4]
Location of easements within the site indicating width, purpose and grantee.
(b)
A plan showing the following proposals at a scale of one inch equals 50 feet or one inch equals 100 feet:
[1]
Location, height and use of all structures on the site.
[2]
Location of all access roads within the site, plus all parking and loading areas, indicating width of roads and of parking areas and number of parking spaces.
[3]
Location of open spaces and recreation areas indicating proposed development of the latter.
[4]
Location and size of all proposed sanitary sewers, storm sewers, waterlines, gas lines, electric lines and telephone lines, indicating also manholes, invert elevations at manholes, storm inlets, hydrants, valves, etc.
[5]
Contours at two-foot intervals indicating how grades are to be altered to accommodate the development.
(c)
A written report indicating:
[1]
Density of land use to be allocated to various parts of the site, such parts to be outlined on the map.
[2]
The form of organization proposed to own and maintain the common open space.
[3]
The feasibility of proposals for the disposition of sanitary waste and stormwater.
[4]
The substance of any covenants, grants, easements or other restrictions to be imposed upon the use of land or buildings in the development.
[5]
A schedule showing the approximate dates when the developer proposes to make application for final approval of various segments of the development, such segments to be outlined on the plan and such schedule to be updated annually on the anniversary of its initial approval.
[6]
A statement prepared by the landowner setting forth the reasons that, in his/her opinion, a traditional neighborhood development on his/her site would be in the public interest and would be consistent with the Comprehensive Plan for the City.[1]
[1]
Editor's Note: The Comprehensive Plan is on file in the City offices.
B.
Public hearing.
(1)
Within 60 days after the filing of an application for tentative approval, the Planning Commission shall call and hold a public hearing pursuant to public notice. Public notice shall appear twice, once in each of two consecutive weeks, in a newspaper of general local circulation, the first notice not more than 30 days before the hearing and the second notice not less than seven days before. Such notice shall state the date, time and place of the hearing, the location of the development and a brief description of the proposal.
(2)
The Planning Commission shall hold the public hearing, and its Chairman or his/her designated representative may administer oaths and compel the attendance of witnesses. All testimony by witnesses at the hearing or its continuance shall be given under oath, and every party of record at the hearing shall have the right of cross-examination of adverse witnesses.
(3)
Parties to the proceeding wishing copies of the testimony taken may request a verbatim record to be made, but such parties shall bear the expense of making and transcribing the record.
(4)
The hearing may be continued from time to time but shall be concluded no later than 60 days after the date at which it commenced.
C.
Procedure following public hearing.
(1)
The Planning and Zoning Commission shall, as soon as possible following the conclusion of the public hearing, recommend to Council that the traditional neighborhood development be either:
(2)
Within 60 days after the conclusion of the public hearing, Council shall inform the landowner, in writing, that his/her traditional neighborhood development proposal has been either:
(3)
Failure of Council to act within the sixty-day time limit period shall be deemed as a grant of tentative approval of the development plan as submitted.
(4)
If the development plan is granted tentative approval subject to conditions and the landowner refuses to accept the conditions, he/she shall notify Council within 30 days after he/she is informed of Council's decision that he/she cannot accept the conditions, in which case tentative approval shall be deemed to have been denied.
(5)
Council, in its official written communication to the landowner, shall indicate not only its decision but also findings of fact resolving:
(a)
The extent to which the development plan is consistent with the City Comprehensive Plan.
(b)
The extent to which the development plan departs from zoning and subdivision regulations otherwise in force within the site.
(c)
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.
(d)
The merits of the physical design, including the manner in which the design makes adequate provision for public services and provides adequate control over vehicular traffic and further amenities of light and air, recreation and visual enjoyment.
(e)
The relationship of the planned development to the neighborhood of which it is a part.
(f)
The adequacy of the terms and conditions governing the development intended to protect the interests of the public and the residents of the traditional neighborhood development if such development is carried out over a period of years.
D.
Status of the plan after tentative approval.
(1)
The City Clerk shall certify two copies of the official written communication to the landowner, retain one and mail one to the landowner.
(2)
Where tentative approval has been granted, the location of the site shall be noted on the Official Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(3)
No modification of the development plan as submitted and accepted by the City and agreed to by the landowner shall be permitted, nor shall the City modify, revoke or otherwise impair the approval without the consent of the landowner, provided that the landowner has not violated any terms of the tentative approval.
(4)
Should the landowner abandon the development plan prior to filing for final approval on all portions of the plan and so notify the City Clerk or, if the landowner fails to file applications for final approval within the times agreed upon in the tentative approval, the tentative approval for those areas of the plan not yet given final approval shall be deemed to have been revoked, and such areas will become again subject to local ordinances as undeveloped land and the same shall be noted on the Zoning Map.
(5)
The landowner shall make application for final approval of the first portion of the development plan not later than 90 days after being granted tentative approval. Failure to make such application will revoke the tentative approval.
E.
Application for final approval.
(1)
An application for final approval may be for all the land included in a development plan or, if designated in the tentative approval, a portion of the land.
(2)
An application for final approval shall be submitted to the Secretary of the Planning Commission at least 10 days prior to the regular Commission meeting at which such application is to be considered.
(3)
The application shall contain, for the area for which final approval is sought, all requirements of the proposed plan and written report necessary to obtain tentative approval, and in addition:
(a)
Construction documents for building of streets, sidewalks, parking areas, sewer lines, waterlines and recreation areas.
(b)
Letters of agreement from the Butler Area Sewer Authority and the Butler Water Company that entrance may be made to their systems.
(c)
A certified performance bond running in favor of the City for the full amount of construction of streets, sidewalks, parking areas, sewer lines, waterlines and recreation areas, such amount being established by the engineer or engineers designing the facilities and approved by the City Engineer.
(d)
Any covenants and rights of easement, in the form in which they will be filed as legal documents affecting development.
(e)
A written description indicating changes made in the plan if conditions regarding the plan were attached to the tentative approval.
(4)
Provided that all conditions of the tentative and final approvals have been met to the satisfaction of the Planning Commission, the Planning Commission shall so advise Council.
(5)
If the Planning Commission finds variations in the application for final approval when compared with the plan given tentative approval, the Commission shall so notify Council.
(6)
Council shall, not later than 30 days following filing of the application with the Planning Commission, notify the landowner, in writing, that his/her plan has been approved or indicate why variations in the final plan are not in the public interest.
(7)
If Council does not grant final approval, the landowner may then either:
(a)
Refile his/her application within 60 days after the date of the meeting at which his/her application was refused, without the variations noted by Council.
(b)
File a written request with the Clerk for a public hearing to consider his/her final approval application as submitted, such hearing to be pursuant to public notice within 30 days after a request by the landowner has been filed.
(c)
Take no action, in which case the development plan shall be deemed to have been abandoned.
(8)
If the landowner requests a public hearing, such public hearing shall be conducted in the manner prescribed for public hearings for tentative approval. Council shall within 30 days after such hearing, by official written communication, in the manner required for tentative approval, either grant or deny final approval.
(9)
A development plan given final approval shall be certified immediately by Council and shall be filed within 15 days after grant of final approval in the office of the Butler County Recorder of Deeds, after which development of the site area for which final approval has been granted may proceed.
(10)
Upon filing of the development plan with the Recorder of Deeds, all zoning and subdivision regulations previously applying to the area recorded shall cease to apply to the area.
(11)
If the landowner abandons his/her development plan after final approval and so informs Council or fails to carry out the development within the time period agreed upon in the final approval, no further applications for final approval shall be considered by Council for subsequent portions of the same site, and no further development of such subsequent portions of the site shall be permitted until that area is reclassified and resubdivided by enactment of an amendment to this chapter.
(12)
When the sequence of development of a site takes place over a period of years, the time between applications for final approval of each part of the plan shall be not less than 12 months nor more than 30 months.
§ 260-103 Maintenance of common open space.
A.
The landowner shall satisfy the Planning Commission at the time of application for final approval that all areas for which the final approval is sought will be adequately maintained in perpetuity so as not to cause a public nuisance.
B.
If the landowner provides for the establishment of an association of residents of the traditional neighborhood development to own and maintain common open spaces on the site, he/she shall indicate the organization of such association, including bylaws, and the legal mechanism that will bind such association to perpetual maintenance of the common open space.
C.
In the event that the organization established to own and maintain common open space, or any successor organization, fails to maintain the common open space in reasonable order and condition, Council may serve written notice upon such organization or upon the residents of the traditional neighborhood development setting forth the deficiencies in maintenance, demanding that they be corrected within 30 days and stating the time and place of a public hearing to be held within 14 days of the notice to consider the deficiencies, at which time the deficiencies noted may be modified or the time period for correction extended.
D.
If the deficiencies are not corrected within 30 days, Council may enter the common open space containing the deficiencies and maintain the area for a period of 12 months, at the expiration of which Council shall call a second public hearing, with notice to the organization and residents of the traditional neighborhood development, at which the organization or the residents shall show cause why Council should cease maintenance based on the ability of the organization or the residents to again discharge such responsibility in the future. Public hearings shall be called thereafter not less frequently than once per year to consider termination of City maintenance until such termination occurs.
E.
The decision to continue or cease maintenance shall lie with the City.
F.
The period during which the City shall maintain common open space shall not constitute a taking of land or entitle the public to use of such common open space unless so provided in the conditions establishing the space.
G.
The cost of maintenance of common open space by the City shall be assessed ratably against the properties within the traditional neighborhood development that have rights to the common open space and shall become a lien on the properties, to be filed by the City with the Prothonotary of Butler County at time of entrance into the common open space.
§ 260-104 Enforcement and modification of plan.
To further the mutual interest of the residents of the traditional neighborhood development and of the public in the preservation of the integrity of the development plan as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of the residents upon the provisions of the development plan and shall not result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally improved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
A.
The provisions of the development plan relating to the use, bulk and location of buildings and structures, the quality and location of common open space, except as otherwise provided in this section, and the intensity of use or the density of residential units shall run in favor of the City and shall be enforceable in law or in equity by the City, without limitation on any powers of regulation otherwise granted the City by law.
B.
All provisions of the development plan shall run in favor of the residents of the traditional neighborhood development, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; however, no provisions of the development plan shall be implied to exist in favor of residents of the traditional neighborhood development except as to those portions of the development plan which have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced by the City under this section may be modified, removed or released by the City, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(1)
No modification, removal or release of the provisions of the development plan by the City shall affect the rights of the residents of the traditional neighborhood development to maintain and enforce those provisions, at law or equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the development plan by the City shall be permitted except upon a finding by Council, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this section, that the same is consistent with the efficient development and preservation of the entire traditional neighborhood development, does not adversely affect either the enjoyment of land abutting upon or across the street from the traditional neighborhood development or the public interest and is not granted solely to confer a special benefit upon any person.
D.
Residents of the traditional neighborhood development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the City to enforce the provisions of this section.