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 applicant shall also include 18 copies of as-built plans. In the event the as-built plans cannot yet be prepared, the applicant's bond/guarantee shall include provision for said as-built plans. See § 11-159B(1).
[Amended 6-12-2000 by Ord. No. 00-10; 12-22-2005 by Ord. No. 05-22]
B.
The Secretary of the Approving Board shall forward copies of the
plat to the following officials for review and comment, where appropriate:
C.
In appropriate cases, the Approving Board shall have the authority
to approve a final 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 Township Engineer
indicating:
A.
That the Engineer is in receipt of a map showing all utilities in
exact location and elevation, identifying those portions already installed
and those to be installed.
B.
That the applicant has either completed the installation of all improvements
in accordance with the requirements of this chapter or posted with
the Township Clerk a performance guaranty in an amount sufficient
to cover the cost of all improvements as required by this chapter
or uncompleted portions thereof, as estimated by the Township Engineer,
and assuring the installation of such improvements on or before an
agreed date.
C.
That all items and amounts required for the maintenance guaranty
have been provided for the improvement installed.
D.
That the final plat conforms to the preliminary plat as submitted
and approved with changes as noted in an affidavit from the applicant.
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 that one or more of the submission requirements
be waived, in which event the Approving Board or its designee shall
grant or deny the request within 45 days. In the event that the Approving
Board 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.
No action shall be taken until such time as the required officials
and agencies review said plat or 30 days have elapsed from date of
referral.
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.
For any plat which requires County Planning Board or other governmental
agency approval, the Approving Board shall condition its approval
upon approval by the County Planning Board or such other agency. If
the Approving Board approves a plat conditional upon County Planning
Board approval or approval 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 improvements, the revised plat shall be submitted
to the township Approving Board for reapproval.
The Approving Board shall approve, conditionally approve or
deny the final major subdivision application within 45 days of the
determination by the Approving Board that the application is complete
unless this 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 final major subdivision approval, and
a certification 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 accepted by the county recording officer for purpose
of filing subdivision plats. The Approving Board shall include findings
of fact and conclusion based on the testimony and documentary evidence
submitted and shall reduce its determination to writing in accordance
with law.
A.
The applicant shall provide four translucent copies and eight legible
prints of the approved final plat showing all revisions and signatures.
The applicant must prepare a sufficient number of copies so that the
same are available to make the following distribution after filing:
B.
Time limit for filing; extension.
(1)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the county recording officer.
The Approving Board may for good cause shown extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
(2)
The Approving Board may extend the ninety-five-day or the one-hundred-ninety-day
period if the developer proves to the reasonable satisfaction of the
Approving Board that the developer was barred or prevented, directly
or indirectly, from filing because of the delays in obtaining legally
required approvals from other governmental or quasi-governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Approving Board. The developer may apply for
an extension either before or after the original expiration date.
C.
No subdivision plat shall be accepted for filing by the county recording
officer until it has been approved by the Approving Board as indicated
on the instrument by the signature of the Chairperson and Secretary
of the Approving Board. The signatures of the Chairperson and Secretary
of the Approving Board shall not be affixed until the developer has
posted the guaranties required by this chapter. If the county records
any plat without such approval, such recording shall be deemed null
and void, and upon request of the municipality, the plat shall be
expunged from the official records.
D.
It shall be the duty of the county recording officer to notify the
Approving Board, in writing, within seven days of the filing of any
plat, identifying such instrument by its title, date of filing and
official number.
At such times as all utilities and public improvements have
been installed and constructed, reproducible as-built plans for such
utilities and public improvements shall be filed with the Township
Engineer. Public improvements shall not be accepted by the township
until such plans are presented and approved by the Township Engineer.
A.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date of final approval, provided that in the case
of major subdivision, the rights conferred by this section shall expire
if the plat has not been duly recorded within the required time period.
If the developer has followed the standards prescribed for in final
approval and has duly recorded the plat with the county recording
officer, the Approving Board may extend such period of protection
for extensions of one year, but not to exceed three extensions. Notwithstanding
any other provisions of this chapter, the granting of final approval
terminates the time period of preliminary approval pursuant to this
Article.
B.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision for 150 acres or more, the Approving Board may grant the rights referred to in Subsection A above for such period of time longer than two years as shall be determined by the Approving Board to be reasonable, taking into consideration:
C.
The developer may apply for thereafter, and the Approving Board may
thereafter grant an extension to final approval for such additional
period of time as shall be determined by the Approving Board to be
reasonable, taking into consideration:
D.
Whenever the Approving Board grants an extension of final subdivision approval pursuant to Subsection A, B or C above and the final 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 final 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 final approval of 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, B or C 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 final major subdivision, copies
of the signed plat and/or resolution of memorialization shall be distributed
as follows, where appropriate:
