The following shall be submitted to the Clinton Township Planning
Commission when a subdivision or land development, or mobile home
parks are presented for consideration.
[Amended 7-13-2020 by Ord. No. 2020-01; 3-28-2022 by Ord. No. 2022-01]
Ten copies of the preliminary plan drawn in accordance with the regulations prescribed in Article III, along with appropriate fees, shall be submitted to the Township Manager/Secretary at least 28 days prior to the regular (voting) meeting of the Planning Commission. Each submittal shall be accompanied by a detailed narrative which shall be very descriptive in nature and set forth the intent of the owner or developer as to the type, kind or class of the proposed subdivision or land development, as well as any other information and data required by the Planning Commission, including history of the land being subdivided or developed. Drawings shall be drawn on standard paper 24 inches by 36 inches in size and all costs associated with plan submission shall be the responsibility of the applicant. The Planning Commission shall consider the appointment, design, and compliance with the Subdivision and Land Development Ordinance as well as other applicable municipal and state regulations, etc., of the proposed development as shown on the submitted plan at their discussion (nonvoting) meeting. The Planning Commission shall notify the applicant or the applicant's representative in writing by letter or electronic communication within two calendar days of said discussion (nonvoting) meeting of all changes to be made to the plan that it considers necessary, desirable, and expedient, including inconsistencies with Township ordinances. It shall be the applicant's responsibility to revise the drawings, narrative, or any other document included with the submittal prior to the next scheduled regular (voting) meeting. Any applicant may come to the Township for guidance and/or direction in understanding and complying with the plan submittal process with a goal of achieving ultimate plan approval.
A.
Sewage disposal and water supply.
(1)
The Planning Commission shall not receive, approve or review any
subdivision or land development plan unless accompanied by a statement
from the developer that the proposed method of sanitary sewage disposal
and water supply meets the requirements of the municipality or the
Pennsylvania Department of Environmental Protection.
(2)
If individual sewage systems (septic tanks) are to be utilized in
the development, the Planning Commission shall not receive, approve
or review any subdivision or land development plan unless accompanied
by a copy of soil percolation tests for the property, certified by
the municipal sewage enforcement officer or by the developer's engineer.
The soil percolation test shall be conducted in accordance with the
provisions of the Pennsylvania Sewage Facilities Act, Standard for
Sewage Disposal Facilities, and the Planning Commission may require
the certification of the percolation test by the Pennsylvania Department
of Environmental Protection. Where the Soil Survey for Butler County
indicates a severe soil limitation for the property, and the developer
submits acceptable soil percolation tests, the Planning Commission
shall request a written statement from the developer setting forth
the procedure utilized in conducting the percolation test.
B.
Preliminary plan processing.
(1)
The Planning Commission shall review the submitted documents at its
next regularly scheduled meeting after they are filed. The Commission
may submit, at its option, one copy to the County Planning Commission
for review and comment.
(2)
The Planning Commission shall indicate any specific deviations from
the requirements of this chapter it finds in the documents to the
developer in writing, and shall send its recommendations and findings
to the Board of Supervisors.
(3)
The Board of Supervisors, after receiving Planning Commission recommendations
and comments, shall render its decision and communicate it to the
applicant not later than 90 days after the date that the Planning
Commission first reviewed the documents, but not later than 15 days
after the decision is made, whichever is earlier. The decision shall
indicate approval, disapproval or approval provided certain specific
revisions are made to the documents.
(4)
Failure of the Board of Supervisors to render a decision and/or to
communicate it to the developer within the time and in the manner
required above shall be deemed an approval of the application, as
presented, unless the developer has agreed in writing to an extension
of time or change in the prescribed manner of presentation of the
decision, in which case failure to meet the extended time or change
in manner of presentation or communication shall have the same effect.
(5)
From the time an application for approval of a subdivision or land
development is duly filed with the Planning Commission and while such
application is pending approval or disapproval, no change or amendment
of this chapter or others affecting development enacted by the Township
shall influence the decision on such application adversely to the
developer and the developer shall be entitled to a decision in accordance
with the provisions of this chapter and others affecting development
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 any intervening changes in this or other ordinances.
When an application has been approved or approved subject to conditions
acceptable to the developer, no subsequent change or amendment to
this or other ordinances affecting development shall be applied to
influence adversely the right of the developer to commence and to
complete any aspect of the approved development in accordance with
the terms of such approval within five years from the date of such
preliminary approval. The five-year period may be extended for the
duration of litigation, including appeals, under circumstances as
set forth in 53 P.S. § 10508(4)(ii).
(6)
Approval of a preliminary application shall not be construed to constitute
final approval but only an authorization to proceed with preparation
of the final plan application for presentation to the Planning Commission
within one year.
[Amended 3-28-2022 by Ord. No. 2022-01]
After approval of the preliminary plan, along with any special conditions and notes required by the Planning Commission, the final plan, drawn in accordance with the regulations prescribed in Article III, must include the special conditions and notes required by the Planning Commission and shall be submitted to the Township Manager/Secretary at least 14 days prior to the regular (voting) meeting of the Planning Commission. The submittal shall include the original and reproducible Mylar drawing along with four (4) copies of the final plan, signed by the owner or developer and duly attested by a Notary Public of the Commonwealth of Pennsylvania, and shall be signed by the Chairman and Secretary of the Planning Commission with the seal of Clinton Township imprinted thereon if approval of the final plan is granted.
B.
Final plan processing.
(1)
The application may be for a part, or all, of the plan given preliminary
approval. If the final plan will be processed in parts, each plan
shall include a key map showing the location of the part within the
overall plan that received preliminary approval.
(2)
The Planning Commission shall review the submitted plan and supporting
documents at its next regularly scheduled meeting after they are filed.
(3)
The Planning Commission shall indicate any specific deviations from
the requirements of this chapter it finds in the plans and documents
to the developer in writing, referring to particular sections of the
ordinance, and shall send its recommendations and findings to the
Board of Supervisors.
(4)
The Board of Supervisors, after receiving the recommendations and
comments from the Township Planning Commission, shall render its decision
and communicate it to the applicant not later than 90 days after the
date that the Planning Commission first reviewed the plan and documents,
but not later than 15 days after the decision is made, whichever is
earlier. The decision shall indicate approval, disapproval, or approval
provided certain specific revisions are made to the plan and/or documents.
(5)
After the Board of Supervisors has signed the final plan to be recorded,
the applicant must secure the signature of the County Planning Commission,
prior to the recording the plan.
A.
Upon approval of the final plan, the developer shall, within 90 days,
record the plan in the office of the Butler County Recorder of Deeds.
The Recorder of Deeds shall not accept any plan for recording unless
it has been officially signed by the Board of Supervisors and notes
than the plan has been reviewed by the Township and County Planning
Commissions.
B.
Failure of the developer to record within the ninety-day period shall
render the plan void, subject to re-approval by the Board.
C.
The recording of the plan shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the plan.
