A.
The applicant shall submit 18 copies of the application together with 18 legible prints containing all information required by the checklist in Article 23, together with all appropriate fees as outlined in this chapter, at least two weeks before the date of the regular meeting of the Approving Board at which the application is to be considered. The Secretary of the Approving Board shall forward copies of the plat to the following officials for review and comment, where appropriate:
[Amended 6-12-2000 by Ord. No. 00-10]
B.
In appropriate cases, the Approving Board shall have the authority
to approve a preliminary major subdivision without the necessity of
any specific referrals. The Approving Board shall also have the authority
to refer any plat to other agencies or individuals for comment or
recommendations.
The following additional documents shall be provided during
the hearing process: a written statement from the applicant's engineer
indicating:
A.
The Approving Board or its designee shall, within 45 days of the submission of an application for development, make a determination that the application for development is complete or incomplete in accordance with the requirements of the checklist in Article 23 of this chapter. If the Approving Board shall determine that the application is incomplete, the Approving Board or its designee shall advise the applicant or its attorney, in writing, the reasons why the application is incomplete within 45 days of the submission of the application for development. In the event that the Approving Board or its designee does not certify the application to be incomplete or complete within 45 days of the date of submission of an application for development, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time.
B.
The applicant may request, in writing, that one or more of these
submissions requirements be waived. The applicant shall include the
reasons for said request. The Approving Board or its designee shall
grant or deny the request within 45 days. In the event that the Approving
Board or its designee shall deem the application incomplete in accordance
with the provisions of this section, any resubmissions by the applicant
shall be reviewed and certified to be complete within 45 days of the
submission of those resubmissions.
C.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he or she is entitled
to approval of the application. The Approving Board may subsequently
request correction of any material found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of an application for development have been met. The application
for development shall not be deemed incomplete for lack of any such
additional information.
The officials and agencies cited in § 11-85A above shall forward their comments and recommendations, in writing, to the Approving Board within 30 days from the receipt of the plat.
[Amended 12-22-2005 by Ord. No. 05-22]
At the time when the Approving Board considers the application and determines that the application is complete and ready for public hearing, the Approving Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the Approving Board, the applicant shall follow the procedures established in this chapter with respect to the notice of hearing. See § 11-34.
The Approving Board may require the filing of an amended application
which shall proceed as in the case of the original application for
development. No additional application fee shall be required. Completeness
review shall be at the discretion of the Approving Board. The time
within which the Approving Board shall review the amended application
and make its determination shall commence as of the date of the filing
of the amended plat. If the applicant fails to submit an amended application
within the original time for review authorized by this chapter, the
Approving Board shall be obligated to act on the original application.
If, at the discretion of the Approving Board, the change or changes
are considered minor in nature, the applicant may be given approval
subject to the submission of an amended plan indicating the changes.
A.
If either the Approving Board or County Planning Board disapproves
a plat, the reasons for disapproval shall be remedied prior to further
consideration. If the Approving Board approves a plat conditioned
upon County Planning Board approval or that of any other governmental
agency and, in meeting any conditions of County Planning Board or
other governmental agency approval a substantial change is required
in the design, access, circulation, drainage or improvement, the revised
plat shall be resubmitted to the township Approving Board for reapproval.
B.
Before the Approving Board shall give preliminary approval to any
plat wherein is a proposed extension of any sanitary sewer system
or the Approving Board requires an extension of any sanitary sewer
system, the Approving Board shall first require the approval of the
Township Committee of the Township of Knowlton, in writing, for said
sewer extension.
C.
If approval is required by any other officer or public body, the
same procedure as applies to submission and approval by the County
Planning Board shall apply.
D.
Whenever review or approval of the application by the County Planning
Board is required, the Approving Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
The Approving Board shall approve, conditionally approve or
deny the preliminary major subdivision application of 10 lots or less
within 45 days of the determination by the Approving Board that the
application is complete unless the applicant shall extend the period
of time within which the Approving Board may act. The Approving Board
shall approve, conditionally approve or deny the preliminary major
subdivision application of more than 10 lots within 95 days of the
determination by the Approving Board that the application is complete
unless the applicant shall extend the period of time within which
the Approving Board may act. Failure of the Approving Board to act
within the time prescribed shall constitute preliminary major approval,
and a certificate of the Administrative Officer as to the failure
of the Approving Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be accepted by the
county recording officer for purposes of filing subdivision plats.
The Approving Board shall include findings of fact and conclusions
based on the testimony and documentary evidence submitted and shall
reduce its determination to writing in accordance with law.
A.
Approval or conditional approval confers upon the applicant the following
rights for a three-year period from the date of approval or conditional
approval:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements, except that
nothing herein shall be construed to prevent the township from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
(2)
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat.
(3)
That the applicant may apply for and the Approving Board may grant
extensions on such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
B.
C.
The applicant may apply for thereafter and the Approving Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Approving Board to be
reasonable, taking into consideration:
(1)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval.
(2)
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval.
(3)
Economic conditions.
(4)
The comprehensiveness of the development, provided that if the design
standards have been revised, such revised standards may govern.
D.
Whenever the Approving Board grants an extension of preliminary subdivision approval pursuant to Subsection A(3) or B above and the preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the extension date. The developer shall apply for the extension either before or after what would otherwise be the expiration date.
E.
The Approving Board shall grant an extension of preliminary approval for a period determined by the Approving Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. The extension granted pursuant to this section shall not preclude the Approving Board from granting an extension pursuant to Subsections A(3) or B above.
If the Approving Board favorably acts on a preliminary plat,
the Chairperson and the Secretary of the Approving Board shall affix
their signatures to the plat with a notation that it has received
preliminary approval and shall return the same to the applicant for
compliance with final approval requirements. Where conditional approval
is granted, the Chairperson and the Secretary of the Approving Board
shall not affix their signatures to the plat until all conditions
required for approval have been complied with.
After the approval or denial of a preliminary major subdivision,
copies of the signed plat and/or resolution of memorialization shall
be distributed to the following, where appropriate:
