Boston Township

a. Preliminary Development Plan Procedures. 1. Pre-Application Conference. The applicant for a Planned Development is encouraged to request a meeting with the Zoning Inspector prior to submitting an application for the purposes of reviewing the applicable regulations and to obtain other information relevant to the proposal. Applicants are encouraged to confer with public officials and agencies who may be involved in review and approval of the proposed development, including but not limited to the Summit County Health Department, County Highway Engineer, Director of Planning Services, and County Sanitary Engineer. 2. Application for Preliminary Development Plan. An application for a Preliminary Development Plan shall be submitted to the Zoning Commission by the owner, owner’s authorized representative or option holder of the property that is the subject of the application. The application shall be submitted in the form of a letter of request accompanied by a fee and deposits established by the Township Trustees, a Preliminary Development Plan, and a narrative containing the information specified below. i. Preliminary Development Plan. A Preliminary Development Plan shall be submitted including the following: • Name, address, phone number and email address of the applicant. • Name, address, phone number and email address of the professional or firm that prepared the plan. • Legal description of the property. • North arrow, scale and title block. • General location map. • Property boundary survey. • Adjacent buildings and structures within two hundred (200) feet of the property boundaries. • All perimeter streets abutting the property, including right-of-way width. • Existing topographic conditions (two-foot intervals). • Existing natural features (including but not limited to steep slopes, woods, ponds, streams, wetlands). • Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan. • Uses proposed within the Planned Development and general locations. • Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common areas and facilities, areas to be developed by type of use, parking areas and easements. • The Zoning Commission reserves the right to request a traffic impact study to assess the impacts of proposed development on existing traffic facilities, to determine the feasibility of accommodating the traffic, and to identify necessary improvements and sources of funding for the improvements. Required improvements should be not only those directly on the frontages of the subject site, but also those which can be determined necessary to mitigate the impacts on roads and facilities utilized to access the site or area. • Any other information deemed necessary by the Zoning Commission to determine the character of the proposed development and compliance with these regulations. ii. Project Narrative. A written statement shall be submitted providing the following information: • Statement of how the Planned Development meets each of the applicable provisions of this Zoning Resolution. • Identification of the present owners of all land within the proposed project . • Explanation of the proposed character of the Planned Development, including a summary of acreage by use, number and type of buildings, minimum lot sizes by type of use. • A general description of the proposed development schedule and anticipated phases. • Intended agreements, provisions and covenants to govern the use of the Planned Development, and any common areas or facilities. iii. Fees and Deposits. • Planned Development Review Fee. The applicant shall submit a check payable to the Township in the amount of $1,500. • Professional Assistance. In the event the Township finds it necessary to engage any planning, legal, engineering, or other expert services in the review of the application for Planned Development, all expenses shall be borne by the applicant. At the time of submitting the application for Preliminary Development Plan, the applicant shall submit a deposit of $500. Upon determining the scope and cost of professional assistance required, the Township shall advise the applicant who shall deposit such additional funds as required to pay for such studies. 3. Zoning Commission Review. At the next regularly scheduled meeting after submission of an application, the Zoning Commission shall review the application to determine if it contains all items and information required by this Resolution. When it is determined that an application is complete, the Zoning Commission shall set the date for a public hearing. i. Notice of hearing. The following notices shall be provided: • Written notice of the hearing shall be mailed by first class mail to the property owner(s) and to the owners of the properties contiguous to and directly across the street from the subject property. The notice shall be sent at least twenty (20) days before the day of the hearing and shall contain the time, place and purpose of the hearing. A failure to notify, as provided in this section, shall not invalidate any proceedings or actions taken by the Zoning Commission or Board of Trustees. • Notice to the general public of the Zoning Commission’s agenda shall be publicized in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing. ii. Requests for Agency Reviews. Upon setting the date for a hearing, the Commission may submit the application to such agencies and professionals as it deems necessary, which may include but not be limited to the Township Fire Chief, the Summit County Highway Engineer, the Summit County Sanitary Engineer, and the Director of County Planning Services. The application shall be submitted to the Board of Zoning Appeals for comment. iii. Public Hearing. The Zoning Commission shall conduct the public hearing in accordance with its rules of procedure. iv. Recommendation. Not more than ninety (90) days after the public hearing, the Zoning Commission shall forward a recommendation to the Board of Township Trustees that the Preliminary Development Plan be approved as presented, approved with supplementary conditions, or not approved. If agreed with the applicant, the Commission may delay its recommendation. 4. Board of Township Trustees Action. Within sixty (60) days of receiving the recommendation from the Zoning Commission, the Board of Township Trustees shall conduct a public hearing prior to taking final action on the Preliminary Development Plan. i. Notice of hearing. Notice shall be provided in the manner set forth for the Zoning Commission review above. ii. Public hearing. The Board shall conduct a public hearing in accordance with its rules of procedure. iii. Action. After the public hearing, the Board of Township Trustees shall vote to approve, approve with supplementary conditions or disapprove the Preliminary Development Plan. iv. Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Resolution and shall be subject to all applicable enforcement, remedies and penalties available to the Township in law or equity and as provided for in this Resolution. v. Effect of Trustees Action. Board of Trustees action approving a Preliminary Development Plan authorizes the applicant to prepare and submit a Final Development Plan, but not to initiate construction or take any other action. Approval of a Preliminary Development Plan shall not constitute approval of the Final Plan. Rather, it shall be deemed an expression of approval of the layout submitted on the Preliminary Plan and as a guide to the preparation of the Final Plan, which will be submitted for approval of the Zoning Commission upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. Board of Trustees action disapproving a Preliminary Development Plan shall halt any other action on the part of the Township with regard to the Plan. The Board may authorize the applicant to submit an amended Preliminary Development Plan. b. Final Development Plan Procedures. The following procedures shall be followed for the review of the Final Development Plan. 1. Timing. An application for Final Development Plan approval shall be filed not later than twenty-four (24) months after the effective date of Board of Trustees approval of the Preliminary Development Plan, otherwise the Preliminary Development Plan approval shall expire. Three (3) one-year extensions may be authorized by the Zoning Commission for good reason and justifiable cause. The applicant must demonstrate they have made a good faith attempt to work towards a Final Development Plan submittal. The applicant shall submit the request for extension in writing to the Zoning Commission who shall make a written determination regarding its decision to extend or deny the extension. Both the request and the determination shall be made part of the record. If the applicant fails to submit a Final Development Plan within this timeframe, the approved Preliminary Development Plan shall be deemed to have expired and the applicant must submit a new Planned Development application. 2. Application. An application for approval of the Final Development Plan shall be submitted by the property owner or owner’s authorized representative. The application shall be filed in the form of a letter, along with a fee established by the Township Trustees, including a Final Development Plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Zoning Commission. i. Final Plan. A Final Development Plan, substantially consistent with the approved Preliminary Development Plan shall be submitted with the required application. The Final Plan shall contain all information deemed necessary by the Zoning Commission to confirm compliance with the provisions of this Chapter and with all other applicable regulations. At minimum, the application for Final Development Plan shall include: • The proposed locations of all uses including but not limited to dwellings, open spaces, commercial uses, and infrastructure. • A subdivision plan or other survey indicating the locations of all lots, rights-of-way, easements, and other divisions of land. • A grading plan indicating existing and planned topography. • A storm water facilities plan. ii. Project Narrative. A project narrative shall also accompany the application and Final Development Plan and provide the following: • proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of development and common areas. • identification of the entity responsible for maintenance of common areas. • description of all deviations from the otherwise applicable zoning requirements. • the total number and locations of buildings; if a phased development, totals, types and locations by phase. • improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and • an anticipated development schedule by phase, if applicable. • A proposed schedule or sequence for coordination of other required approvals, including but not limited to subdivision approvals which may include simultaneous applications, reviews, and approvals subject to acceptance of such schedule by the Township. • Performance Guarantee, Development Agreement. In conjunction with the approval of a Final Development Plan, the applicant shall be required to provide a performance guarantee for all public and common improvements, in accordance with applicable subdivision regulations. A development agreement may be required to address additional issues specific to the Planned Development. iii. The Zoning Commission may require additional information beyond what is specifically required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site. iv. Phased Projects. If a Planned Development is to be constructed in two or more phases, Final Development Plan approval may be granted for individual phases; provided, a complete plan for the entire Planned Development was first given Preliminary Development Plan approval and that each subsequent phase shall be submitted for Final Development Plan approval and is consistent with the approved Preliminary Development Plan. Each phase shall have adequate provision for access, parking, open space, storm water management, and other public improvements to serve the development. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas to prevent any adverse impact on completed phases, future phases, and adjoining property. 3. Zoning Commission Review. The application materials shall be forwarded to the Zoning Commission for review. At its next regularly scheduled meeting after submission of a complete application and all required plans and information, the Zoning Commission shall consider the application and take action to approve, approve with supplementary conditions or not approve the Final Development Plan, based on the review standards of Section 710A. The Final Development Plan shall be approved if it conforms with the Preliminary Plan. Approval by the Zoning Commission shall authorize the applicant to proceed with the Planned Development subject to all applicable regulations, conditions, and agreements. Disapproval by the Zoning Commission shall halt any other action on the part of the Township with regard to the Plan unless the Commission authorizes the applicant to resubmit an amended Final Development Plan.