[Amended 9-9-1997 by Ord. No. 59]
A.
An application for approval of a final plan may be filed with the
Township Planning Commission only after receipt of official notice
of authorization from the Board of Supervisors.
B.
Application. When filing an application for approval of a final plan,
the subdivider shall submit to the Planning Commission, at least 15
days prior to the regular meeting of the Planning Commission, an original
reproducible (Mylar or linen), plus nine copies of all plans and information.
All final plans and other exhibits required for approval shall be
submitted to the Planning Commission within three years after approval
of the preliminary plan. Otherwise, such approval shall become null
and void unless an extension of time is applied for and granted by
the Planning Commission.
C.
Disposition of plans. Two copies of all final plans shall be retained
by the Planning Commission; six copies shall be forwarded to the Butler
County Planning Commission; one copy shall be retained by the Board
of Supervisors.
D.
Planning Commission review. The Planning Commission shall review
the final plan and prepare a written report for the Board of Supervisors.
The report shall contain recommendations for approval, conditional
approval or disapproval with specific reasons for the recommended
action. Prior to finalization of the written report, the Planning
Commission may schedule a special meeting mutually convenient to the
subdivider and the Planning Commission for consideration of the final
plan. If within 40 days of receipt of the final plan, a mutually convenient
date for such meeting cannot be established with the subdivider, consideration
of the final plan shall be conducted at a regular meeting of the Planning
Commission. The subdivider and all Planning Commission members shall
be given seven days' written notice of such meeting, the notice to
contain the time, place, date and schedule. At the Planning Commission
meeting, the subdivider shall be given an opportunity to discuss any
matters in the final plan which may assist the Planning Commission
in making its recommendations to the Board of Supervisors. Unless
withdrawn by the subdivider at the meeting, the Planning Commission
shall, within five days after the meeting, issue its written report
to the Board of Supervisors.
E.
Action of the Board of Supervisors. The Board of Supervisors shall
render its decision on the final plan and communicate its decision
to the subdivider not later than 90 days after the date of the regular
meeting of the Board of Supervisors next following the date the application
is filed or after a final order of court remanding an application,
provided that should the said next regular meeting occur more than
30 days following the filing of the application or the final order
of the court, said ninety-day period shall be measured from the 30th
day following the day the application has been filed.
[Amended 12-29-2003 by Ord. No. 68[1]]
(1)
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant by mail at his last known address
no later than 15 days following the decision.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner specified shall
be deemed an approval of the application, unless the applicant has
agreed, in writing, to an extension of time or change in the prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(4)
From the time an application for approval of a final plan is duly
filed as provided in this chapter, and while such application is pending
approval or disapproval, no change or amendment of the zoning, subdivision
or other governing ordinance or plan shall affect the decision on
such application adversely to the applicant, and the applicant shall
be entitled to a decision in accordance with the provisions of the
governing ordinances or plans as they stood at the time the application
was duly filed. However, if an application is properly and finally
denied, any subsequent application shall be subject to the intervening
change in government regulations. When an application for approval
of a plan has been approved, or approved subject to conditions acceptable
to the applicant, no subsequent change or amendment to the zoning,
subdivision or other governing ordinance or plan shall be applied
to affect adversely the right of the applicant to commence and to
complete any aspect of the approved development in accordance with
the terms of such approval within five years from such approval. Where
final approval is preceded by preliminary approval, the five-year
period shall be counted from the date of the preliminary approval.
In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions of the
governing ordinances or plans as they stood at the time when the application
for such approval was duly filed.
(5)
Before acting on any subdivision plan, the Board of Supervisors may
hold a public hearing thereon after public notice and may notify surrounding
property owners of such public hearing.
(6)
The Board of Supervisors shall not give their final approval to a
final plan until the Butler County Planning Commission report is received,
or until the expiration of 30 days from the date the final plan application
was forwarded to the County.
F.
Nature of approval. Approval of a final plan shall not constitute
authorization to commence construction. Prior to construction start,
all necessary permits, approvals, agreements and sureties must be
secured by the developer.
G.
Title certificate. No final plan shall be approved by the Board of
Supervisors unless a certificate of title or other proof of a proprietary
interest in the land on the part of the subdivider is furnished.
[Amended 9-9-1997 by Ord. No. 59]
All applications for final plan approval shall include, but
not be limited to, the following information:
A.
Shall be drawn on Mylar, linen or other comparable permanent and
reproducible material, and shall be on sheets of at least 17 inches
by 22 inches but not larger than 24 inches by 36 inches, including
a border of 1/2 inch on all sides, except the binding edge, which
shall be one inch. More than one sheet may be used for larger tracts
and must be of the same scale and indexed.
B.
Shall be drawn with waterproof black ink and all records, data, entries
and statements thereon shall also be made with the same type of ink
or reproducible typing, except that contour lines, when shown, shall
be drawn with waterproof brown ink or with diluted waterproof black
ink, so that the said contour lines will be shown faintly on a print
made from the said plan.
C.
Shall be drawn to a scale of one inch equals 100 feet or greater
and shall be of sufficient size to clearly show all notations, dimensions
and entries. All dimensions shall be shown in feet and decimals of
a foot.
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(The Board of Supervisors may authorize modification of the strict requirements of Subsections A, B and C above, on receipt of written request by the subdivider where it is satisfactorily demonstrated that strict compliance is unreasonable due to the limited scope of the proposed subdivision and where the plan and data submitted provide all essential information required by this chapter.)
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D.
Shall contain a title block in the lower-right corner with the following:
E.
All final plans submitted shall be drawn according to the following:
F.
The final plan shall show:
(1)
Primary control points or benchmarks, approved by the Township Engineer,
or description and ties to which all dimensions, angles, bearings
and similar data shall be referred.
(2)
Acreage of each lot or parcel.
(3)
Tract boundary lines, right-of-way lines of streets, easements and
their purpose and other rights-of-way and property lines of lots and
other sites with accurate dimensions, bearings or deflection angles,
radii, arcs and central angles of all curves.
(4)
Name and right-of-way width of each street or right-of-way.
(5)
Location, dimensions and purpose of all easements.
(6)
Number to identify each lot or site.
(7)
Purpose for which sites other than residential are to be used.
(8)
Building setback line on all lots and sites.
(9)
Location and description of survey monuments.
(10)
Names of recorded owners of adjoining land and land use.
(11)
Certification of surveyor or professional engineer showing name,
address, registration number and seal.
(12)
Statement by the owner dedicating streets, rights-of-way and
sites for public use.
(13)
Protective covenants, if any, in form for recording.
(14)
Such other certificates, affidavits, endorsements or dedications
as may be required in the enforcement of this chapter.
(15)
Certification blocks for the appropriate governing and planning
bodies.
(16)
Street profile data showing existing ground elevations and proposed
center-line street grades.
(17)
Water supply. If water is to be provided by means other than
private wells owned and maintained by the individual owners of lots
within the subdivision or development, applicants shall present evidence
to the Board of Supervisors that the subdivision is to be supplied
by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable.
G.
Submitted with the final plan shall be the following additional information:
(1)
Profiles showing existing ground and proposed center line and street
grades.
(2)
Typical cross-sections of roadways and sidewalks.
(3)
A plan showing the size of water pipes and location of valves and
fire hydrants.
(4)
A plan showing the location of manholes, invert elevations, grades
and sizes of sanitary sewers.
(5)
A final grading plan.
(6)
A sedimentation and erosion control plan approved by the Butler County
Conservation District under authority of the Pennsylvania Department
of Environmental Protection Rules and Regulations, Title 25, Chapter
102, Erosion and Sediment Control, if needed.
(7)
A sewage disposal plan approved by the Pennsylvania Department of
Environmental Protection pursuant to the Pennsylvania Sewage Facilities
Act (Act 537), as amended,[1] and all supplemental documentation which may be required
to update the Township's sewage facilities plan required under said
Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(8)
A plan for placement of gas, electric, telephone and cable television
service lines, as applicable, pursuant to the rules and regulations
of the Pennsylvania Public Utilities Commission.
(9)
If the proposed subdivision is located in a designated floodplain,
base flood elevation data shall be contained on the plan.
(10)
A complete drainage plan for the subdivision, which includes
all storm sewers and appurtenances, along with the method of disposal
of all stormwater collected and the method of drainage for adjacent
territory.
