[1]
Editor's Note: See also the flow chart, Procedure for Final Plat for Subdivision or Land Development, included as an attachment to this chapter.
A.
Within six months after Township Planning Commission approval of the preliminary subdivision or land development plat, a final subdivision or land development plat and all necessary supplementary data shall be delivered to the Township. However, an extension of time may be granted by the Township Planning Commission upon written request. In any case, § 385-9 of this chapter shall govern the application of new regulations enacted in the interim, as well as scheduling requirements.
B.
The final plat shall conform in all respects to the preliminary plat
as previously approved by the Township Planning Commission and shall
incorporate all modifications or conditions required at the time of
approval of the preliminary plat.
C.
The Township Planning Commission may permit submission of the final plat in sections or phases, each covering a reasonable portion of the entire proposed subdivision of land development as shown on the approved preliminary plat. In any case, § 385-9 of this chapter shall govern the phasing of development for five years or more.
D.
Submission of final plats with preliminary plats is discouraged.
However, a subdivider or developer may do so at his own risk. The
preliminary plat shall be considered first, but at the discretion
of the Planning Commission both preliminary and final plats can be
approved at the same meeting.
E.
If the necessity for a preliminary plat is waived, at the discretion of the Planning Commission, the subdivider or developer shall comply with § 385-27B and § 385-27D(3), in addition to the other requirements of this section.
A.
Application. An application for review of a final plat shall be directed
to the Township Planning Department by the subdivider or developer
of any proposed subdivision or land development prior to the regularly
scheduled meeting of the Township Planning Commission at which the
plat is to be filed, on such forms as may be provided by the Township.
All drawings, drafts of agreements, and other requirements of this
chapter not shown on the plat shall be submitted with the application.
In addition, the developer shall specify what changes, additions and
deletions have been made to the information which accompanied the
preliminary plat, and identify the changes, additions or deletions
requested by the Planning Commission in its approval of the preliminary
plat. The applicant shall state on the application whether the Township
Engineer or the applicant's engineer will be preparing the cost
estimates for all improvements.
C.
Copies of final plat and supplemental information. Six copies of the final subdivision or land development plat shall be submitted to the Township no later than seven days prior to the meeting at which the plat is to be filed. The submission shall conform to the specifications as required in § 385-27 of this chapter.
D.
Receipt of plat application. When application for approval of the
plat is received by the Township, the date of receipt shall be stamped
thereon.
E.
Distribution of final subdivision and/or land development plats and
supplementary data.
(1)
When an application is received by the Township, copies of the prints
and supplementary data shall be forwarded to the following agencies
for appropriate review.[2]
|
Agency
|
Copies
| |
|
Washington County Planning Commission
|
2 copies of the plat, 1 copy of items specified in § 385-27D(3) (by applicant)
| |
|
Township Engineer
|
1 copy of the plat, 2 copies of items specified in § 385-27D(1), 2 copies of items specified in § 385-27D(3)
| |
|
Applicable Sanitary Authority
|
1 copy of the plat, 1 copy sewer designs as in § 385-27D(1)
| |
|
Other cognizant agencies, such as School Board, if deemed advisable
|
1 copy of the plat
|
(2)
One copy of the plat shall be retained for Township review.
(3)
Following review by these agencies, additional revised prints will
be required.
F.
Filing of final subdivision and/or land development plat. At each regularly scheduled monthly meeting of the Planning Commission, the Township Planning Department shall present for filing all final subdivision and/or development plat applications received since the last scheduled monthly meeting. Each such application received shall be recorded in the minutes as having been distributed in accordance with Subsection E above and as having been filed with the Planning Commission for review. Review shall be conducted as outlined in § 385-28A of this chapter.
[Amended 4-26-1993 by Ord. No. 483]
A.
Format. The final subdivision or land development plat shall conform to the format as established in § 385-22A of this chapter. In addition, appropriate spaces for written approval of said plat by the Township Planning Commission, the Township Council, the County Planning Commission and the County Recorder of Deeds, and such other legal information as may be required by the current approved Township format. (See appendix.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Absence of preliminary plat. When a preliminary plat has not been required, the information required in § 385-22B of this chapter with the exception of § 385-22B(8) of this chapter, shall be shown on the final plat.
C.
Proposed subdivision or land development. A full plat in accordance with §§ 385-32 to 385-40 of this chapter, including:
(1)
The total tract boundary lines of the area being subdivided or developed
with accurate distances to hundredths of a foot and bearings to 1/4
of a minute. These boundaries shall be determined by accurate survey
in the field, which shall be balanced and closed with an error of
closure not to exceed one foot in 2,000 feet; provided, however, that
the boundary(s) adjoining additional unplatted land of the subdivider
or developer (for example, between separately submitted final plat
sections) are not required to be based upon field surveys and may
be calculated. The location and elevation of all street monuments
shall be indicated, along with a statement of the total area of the
property being subdivided or developed. In addition, the surveyor
shall certify to the accuracy of the survey, the drawn plat, and the
placement of the monuments.
(2)
All final dimensions and bearings of street and lot lines including
radii of curves and arcs, and delta angles of curves, including center-line
data for all streets.
(3)
All final lot numbers and house numbers. The Township assigns house
numbers.
(4)
All final easements and rights-of-way for utilities, transmission,
sewer and water lines; septic field locations (primary and alternate);
oil and gas wells; stormwater management facilities, and permanent
conservation measures.
(5)
Building setback lines from streets and/or boundaries.
(6)
Appropriate clauses from the appendix of this chapter. When a property
of an owner is being conveyed to an adjacent owner, both properties
must be shown on the recorded plat with the appropriate clauses for
each owner. (See appendix.[2])
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(7)
All existing buildings with ties to the property lines and notations
as to whether they are to remain or be removed.
(8)
When development is being completed in phases, a key map shall be
shown on the recorded plan indicating prior completed phases (if any),
highlighting the lots in the current phase, and outlining the boundary
of future phases.
(9)
Names of all abutting subdivisions, if any, with the plan book and
page numbers where recorded; names of owners of adjacent property
with deed book and page number.
(10)
A key map for the purpose of locating the property being subdivided
or developed, showing the relationship to adjoining property and to
all streets, roads, municipal boundaries, and recorded subdivision
plats existing within 1,000 feet of any part of the property. This
key map shall be based on the Township street and property map.
D.
Supplemental information.
(1)
Construction drawings showing the final profiles and plan views for
sanitary sewers, storm drains, and streets; grading and soil erosion
and sedimentation control; design of stormwater management facilities;
and such other details as may be required in accordance with Peters
Township Construction Details and Specifications (See appendix, this
chapter.[3]) and the Design Standards in Article VI of this chapter. A notation is to be placed on each drawing to read "all construction and inspection is to be in accordance with Peters Township Construction Details and Specifications and Inspection Procedures" (three sets).
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Sheet sizes shall be a maximum of 24 inches by 36 inches unless otherwise
permitted by the Township Engineer.
(3)
In addition, when there has been no preliminary plat submitted, the
following supplemental data shall accompany the final plat.
(a)
Planning module components for sanitary sewers, see § 385-35B(2), or for on-lot systems, see § 385-22E.
[Amended 4-27-1992 by Ord. No. 466]
B.
Action.
(1)
If conditions are placed on approval of the final plat, the applicant
shall respond in writing, accepting or rejecting such conditions.
Approval of the plat shall be rescinded automatically upon the applicant's
failure to accept or reject such conditions within 15 days of Planning
Commission action.
(2)
If approved subject to substantive modifications of the regulations (§ 385-11B), the plat shall be submitted to the Council by the developer for its decision on the modifications of the regulations. Such a submission shall not be considered an official submission for final approval of the plat unless all conditions for the submission to the Council are met and at the applicant's risk.
(3)
When all the requirements of the chapter are met and review is favorable,
the Planning Commission shall authorize its Chairman to endorse the
plat approved by the Planning Commission together with the date of
such action.
(4)
If the final plat is recommended for disapproval, reasons for such
action shall be explicitly stated in writing, citing the provisions
of this chapter relied upon, copies of which shall be distributed
to the Planning Commission, to the applicant and the Council.
(5)
The decision of the Planning Commission shall be in writing and shall
be communicated to the applicant personally or mailed to him at his
last known address not later than 15 days following the decision.
[Amended 4-27-1992 by Ord. No. 466]
A.
Submission to the Council.
(1)
When a final plat has been officially approved by the Township Planning Commission, and all construction drawings have been approved by the Township Engineer, such plat shall be placed on the agenda of the Council. In the event that conditions were placed on the Planning Commission's approval, the final plat shall not be placed on the Council agenda until the applicant has responded as required in § 385-28B(1).
(2)
Submission to the Council shall include the estimate for the public
improvements prepared by the Township Engineer or the applicant's
engineer as stated on the original application.
B.
Review.
(1)
At a regularly scheduled meeting, the Council shall review the final
plats and the written reports thereon of the Township Planning Commission
and other officials and agencies.
(2)
Before acting on any subdivision or land development plat, the Council
may hold a public hearing thereon after public notice.
C.
Action.
(1)
Action by the Council may be favorable (approving the application), unfavorable (disapproving the application), or favorable with conditions on approval of the application of which the plats form a part. The decision of the Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. The Council shall render its decision and communicate it to the applicant not later than 90 days after the final plat application is filed with the Township Planning Commission in accordance with this chapter. (See § 385-24A for explanation of ninety-day period.)
(2)
If 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)
If the application is approved in terms as filed, the action of the
Council shall be noted, together with the date of action, and the
signature of the Chairman on the original of the plat.
(4)
If the subdivision and/or land development is approved subject to
conditions, these conditions must be set forth either with note(s)
on the recorded plan or in a subdivision agreement, in which case
the developer shall sign the plan and/or agreement within 21 days
of the Council's action on the plat to indicate the acceptance
of all conditions. The developer's failure to sign within 21
days shall result in the automatic rescinding of the Council's
approval of the plat.
(5)
If the subdivision and/or land development requires construction
of improvements, the subdivision agreement shall specify all conditions
of approval, including provisions that the subdivider or developer
shall:
(a)
Prior to construction, record the plat with the Recorder of
Deeds of Washington County within 90 days of approval by the Council
and that if the subdivider or developer fails to record the final
plat within such period, the action of Peters Township shall be null
and void, unless an extension of time is granted in writing by the
Township upon written request by the subdivider or developer. The
subdivider or developer shall deliver six prints of the recorded plat
to the Township.
(b)
Lay out and improve the streets, sanitary sewers, if required,
and construct all of the improvements, including necessary stormwater
management facilities and grading, paving, curbs, gutters, and other
street improvements including storm sewers and any other improvements
required by this chapter. The subdivider or developer shall also erect
such monuments as have been approved on the final plat and any required
waterlines and fire hydrants which were part of the approval.
(c)
Prior to release of the plat for recording, furnish a bond or other approved financial security in accordance with § 385-43 of this chapter to guarantee the performance of said contract and to secure the completion of said improvements to the Township.
(d)
Enter into a contract(s) with a contractor(s) acceptable to
the Township for the installation of all improvements, or perform
the work itself, in accordance with the approved plat and the specifications
of Peters Township.
(e)
Notify the Township Engineer or the Township Manager 24 hours before the contemplated installation or performance of any work requiring Township inspection as outlined in § 385-44 of this chapter.
(f)
Pay the entire cost of said improvements, as herein above set
forth, to the contractor(s) promptly upon completion of said work;
and shall also pay the cost of supervision and inspection by the Township
Engineer in charge thereof.
(g)
Submit to the Township all required documents and plans for the acceptance of streets and public improvements as required in § 385-45 of this chapter.
(h)
Include in the agreement any specific matter which the subdivider
or developer shall perform and which are not shown in the plans or
drawings.
(i)
Covenant and agree to indemnify and save harmless Peters Township
from any liability wheresoever that shall accrue to any person or
corporation by reason of negligence in the conduct of the work herein
referred to, or for any reason whatsoever arising from the performance
by the subdivider or developer of the provisions of this agreement.
(j)
Within one year from the recording date of the plat, complete
the installation of all improvements in accordance with the approved
plat and specifications of Peters Township. Except that, should it
become evident that any street in a partially completed plat of lots
may be extensively used by heavy vehicles hauling building materials
and equipment, and where such street, if completed, may be damaged
during the course of construction of a number of buildings, the Township
may require the developer or builder to complete the buildings or
a substantial number of them prior to the final paving of the street.
(k)
The subdivider or developer shall be jointly liable with the
subcontractor and/or general contractor for whom said person or his
superiors work, or with whom they have contracted, for any damage
to any Township road, including the paved area, gutters, utilities
and the right-of-way, and shall repair said damage within 90 days
of written demand by the Township, unless an extension of time is
granted by the Council. All repairs shall meet Township standards
and shall be subject to Township inspection.
(l)
Other conditions as set forth in the approval by the Council.
(m)
Execute maintenance agreements for privately owned stormwater management facilities in accordance with § 371-43 of the Code of Peters Township.
(n)
If there is a case where land development is not intended for
the immediate erection of buildings, where streets, curbs, gutters,
fire hydrants, water and sewage facilities and other improvements
may not be possible to install as a condition precedent to final approval
of plats, the Council shall instruct the Township Solicitor to prepare
an agreement, providing that the subdivider or developer shall commit
himself to the above agreements as a condition precedent to the erection
of building(s) on land included in the approved plat, at the subdivider's
or developer's expense.
(6)
Any plat subject to an agreement shall have a note on the recorded
plan: "Approved for recording purposes only subject to all the provisions
of a contract between the owner(s) and Peters Township, which is recorded
in the office of the Recorder of Deeds, a copy of which is on file
with the Township."
(7)
When requested by the developer, in order to facilitate financing,
the Township Manager shall furnish the developer with a letter indicating
approval of the final plat by the Council contingent upon the developer
obtaining a satisfactory financial security. The final plat shall
not be signed nor recorded until financial security is posted with
the Township. The letter of contingent approval shall expire and be
deemed to be revoked if the financial security is not delivered within
90 days unless a written extension is granted by the Council. Such
extension shall not be unreasonably withheld and shall be placed in
writing at the request of the developer.
(8)
The Township shall retain custody of the original plat until all
legal agreements have been executed; all bonds, escrows, fees, and/or
affidavits have been delivered and other conditions of the approval
have been met; at which time, the original plat will be sealed by
the Township Manager and released for recording. The copy of the original
shall be retained in the Township files until six prints of the recorded
plan are delivered to the Township.
(9)
Failure of the Council to render a decision and communicate it to
the applicant within the time and in the manner required herein shall
be deemed as approval of the application in terms as presented unless
the applicant has agreed, in writing, to an extension of time or change
in the prescribed manner of presentation or communication of the decision
in which case failure to meet the extended time or change in the manner
of presentation of communication shall have like effect.
A.
Upon the approval of a final plat, the developer shall, within 90
days of such final approval, record such plat in the office of the
Recorder of Deeds of Washington County. Whenever plat approval is
required by a municipality, the Recorder of Deeds of the County shall
not accept any plat for recording unless such plat officially notes
the approval of the Council.
C.
If the subdivider fails to record the final plat within such period,
the action of Peters Township shall be null and void, unless an extension
of time is granted in writing by the Township upon written request
by the subdivider or land developer.
D.
After a plat has been approved and recorded as required by this chapter,
all streets and public grounds on such plat shall be, and become,
a part of the Official Map of Peters Township without public hearings.
At no time may any portion of any land development be separated from the ownership of the entire tract of development except in accordance with § 385-10 of this chapter.
