A.
Activities denied prior to final approval. No person,
firm or corporation contemplating subdivision or development of a
tract of land shall proceed with any grading of the site until preliminary
approval has been granted or shall record or sell any lots until he
has received final approval of his plan from the Planning Commission.
B.
Unsuitable conditions jeopardizing approval. The Township
may refuse to grant approval of all or a part of certain plans that
provide inadequate access, or that are unsuitable for development
by reason of flooding hazard, steep slopes, poor drainage, slide-prone
soils or nonconformity with the Township Comprehensive Plan.
C.
Preliminary sketch plan. Any developer may present
at his option a preliminary sketch plan for the Planning Commission's
review at a regular meeting. The developer is urged to attend to answer
questions and receive advice. The sketch plan shall show the entire
property, slopes and grading, parking if a multifamily, commercial
or industrial project, streams and storm drainage, easements, natural
features of the property and relationship of the site to major roads
and landmarks in the vicinity. In addition the plan shall indicate
the name of the property owner, developer, and preparer of the plan,
proposed number of dwelling and/or commercial units and average area
and frontage of lots. The purpose of this part is to provide guidance.
No recommendations of the Commission are binding on the developer.
D.
Exchanges of property. When property is being divided
or property lines rearranged with particular buyers and sellers involved,
each parcel to be transferred in title shall be indicated with the
seller's and buyer's name so the line of conveyance is clear.
Developers seeking approval of a minor subdivision as defined in § 275-4 or a division of land into tracts of at least 10 acres for agricultural purposes may disregard the preliminary plan stages and proceed to final plan application. Four copies of the final plan shall be submitted. All steps in the final review procedure, with the exception of those guaranteeing provision of streets and public utilities, shall apply to a minor subdivision. If approved the final plan shall be officially stamped as approved, dated and signed by the Chairman and Secretary of the Commission, and recorded within 90 days with the Indiana County Recorder of Deeds, or the approval will be voided.
A.
Submission. Any person, firm or corporation proposing
to subdivide or develop land, except for minor subdivisions or divisions
of land into tracts of at least 10 acres for agricultural purposes,
shall submit seven copies of the information, plans and profiles required
by this section to the Planning Commission at a regular monthly meeting.
The Commission may, at its option, postpone consideration of the plan
and official receipt of it until the developer can be present at a
regular meeting.
B.
Review. The Planning Commission shall review the submitted
documents for conformance with this chapter and inclusion of recommendations
made at the preapplication meeting. It shall submit one copy of the
submission to the Board of Supervisors, one copy to the Township Engineer,
one copy to the Planning Commission files and other copies to state
or federal agencies as appropriate.
C.
Approval. The Planning Commission shall render its
decision granting preliminary approval, denying it or granting preliminary
approval with conditions, and shall inform the applicant not later
than 90 days after officially receiving the plan at a regular meeting.
The decision 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 decision shall set
forth the reasons for the disapproval, if that is the decision, specifying
the defects found, describing the requirements which were not met
and citing the provisions of the statute or ordinance relied upon.
Failure of the Commission to reach a decision or to communicate it
within the time limits shall be deemed an approval of the plan as
presented. Failure of the developer to accept any and all conditions
upon approval shall render the approval void. No amendment to this
chapter after official receipt of a subdivision plan shall detrimentally
affect the plan or its processing unless the plan is withdrawn and
resubmitted, nor shall such intervening amendment adversely affect
the right of a developer to commence and complete any approved plan
or portion of a plan within five years of the date of preliminary
approval. Preliminary plan approval shall only be an expression of
tentative approval and authorization to proceed to the final plan
application. The plan shall be stamped, dated and signed by the Commission
Chairman and Secretary upon granting of the preliminary approval.
[Amended 8-9-1989 by Ord. No. 907; 12-22-2004 by Ord. No.
1001]
A.
Submission. Having received preliminary approval,
the developer or his authorized representative shall within three
years submit a final plan application for all or part of the plan
given preliminary approval. The application shall be provided in seven
copies plus a reproducible transparency for recording of the plan.
If the developer does not appear at the meeting at which his plan
is received, the Commission may postpone review until he can be present
at a regularly scheduled meeting.
B.
Review. The Planning Commission shall review the submitted
documents for conformance with this chapter and inclusion of any conditions
attached to preliminary approval. Copies of the submission materials
shall be distributed as for the preliminary plan application. In making
its review and before granting final approval, the Commission shall
determine that adequate means of sewage disposal, as determined by
the Township Sewage Enforcement Officer, are available on each lot,
or if each lot or building is to be connected to the public sewage
collection system that sufficient sewer tap-in permits have been assigned
to accommodate all the lots in the plan or all the buildings in a
multifamily residential, or commercial or industrial development connected
to a water supply.
C.
Approval. The Planning Commission shall render its decision granting final approval or denying it and shall inform the applicant of its decision not later than 90 days after officially receiving the plan at a regular meeting. The decision 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 decision shall set forth the reasons for the disapproval, if that is the decision, specifying the defects found, describing the requirements that were not met and citing the provisions of the stature or ordinance relied upon. Failure of the Commission to reach a decision or to communicate it within the time limits shall be deemed an approval of the plan as presented. The final plan shall be dated and signed by the Chairman and Secretary of the Commission if approved, using the official stamp. The developer shall within 90 days of final approval record the approved plan in the Indiana County Office of the Recorder of Deeds. Failure to record within the time limit shall void the plan. At the time of submittal of the final plan, the developer shall pay a fee in accordance with § 275-71 of this chapter.
[Amended 12-22-2004 by Ord. No. 1001]
D.
Guarantee that improvements will be completed. Before
approving any final plan application the Planning Commission shall
require that the developer deposit with the Board of Supervisors a
guarantee of completion of all improvements agreed upon at the time
of final approval in the form of a bond or the deposit of funds or
securities to be held in escrow, to the benefit of the Township, such
guarantee equal to 110% of the value of the improvement as estimated
by a qualified engineer. The form and type of guarantee shall be approved
by the Township Supervisors. The Township may permit partial release
of the guarantee funds as construction proceeds provided sufficient
funds remain to complete all the improvements in the estimation of
the Township Engineer.
[Amended 8-9-1989 by Ord. No. 907]
E.
Maintenance bond as condition of immediate acceptance.
If the developer requests the Board of Supervisors to accept the improvements
covered under the guarantee immediately after their completion, he
shall post a maintenance bond or shall deposit funds or securities
to be held in escrow to the benefit of the Township, such bond or
deposit to equal 15% of the value of the improvements as completed
and to run for a period of 12 months. As a condition of accepting
the developer's offer of a maintenance bond or escrow deposit, the
Board of Supervisors shall take responsibility for the improvements
upon their completion. The form and type of maintenance guarantee
shall be approved by the Township Supervisors.
[Amended 8-9-1989 by Ord. No. 907]
Preliminary plan submission requirements are as follows:[1]
A.
General information: names and addresses of the property
owner, developer and preparer of the plan; date that plan was prepared;
total acreage of the property; total number of lots, mobile homes
and/or commercial units to be accommodated; density of development
expressed as average lot size, or number of dwelling units per acre
in a multifamily development.
B.
Map of existing conditions and proposed plan: scale
not smaller than one inch equals 100 feet, such as one inch equals
50 feet; north arrow; title block; graphic scale; boundary of the
property showing bearings and distances of all lines and arcs; names
of owners of abutting property or abutting plans; contours at five-foot
intervals throughout the property which may be interpolated from USGS
data; existing and proposed streets showing right-of-way and pavement
widths; existing and proposed sanitary sewer, water supply and storm
sewer lines in approximate locations; existing and proposed easements
noting purpose; existing structures, railroads, streams and other
natural features; proposed plan of lots showing approximate dimensions
for each lot line; proposed location and height of buildings and parking
areas if a multifamily commercial or industrial development; proposed
areas of site grading indicating percentage of finished slopes; locational
map relating the site to prominent features in the vicinity at a scale
of the U.S.G.S. map.
C.
Profiles where the developer proposes new streets,
sanitary sewers and/or storm sewers, he shall provide profiles along
the center line of the improvements, showing grades with approximate
percentages, relationship to existing ground surface, manholes, inlets
and approximate lengths of tangents and curves.
D.
Engineer's report. At the discretion of the Planning
Commission, the developer's engineer shall prepare a feasibility report
on proposed sewage disposal, whether on-lot based on soil absorption,
or utilizing a community or public sewage disposal system based on
interceptor and disposal plant capacity and impact of effluent discharge
to the receiving stream. In addition, feasibility of stormwater collection
and retention in terms of impact on downstream properties may be required
as well as feasibility of water supply if provided by wells as to
quality, quantity and likely depth, and presence of flood-prone or
slide-prone land on the property or adjacent to it.
[1]
Editor's Note: See Attachment 1, Procedure for Requesting
Plan Approval, included as an attachment to this chapter, for a summary
of the requirements.
Final plan submission requirements are as follows:[1]
A.
General information. The plan shall be prepared in
accordance with the "Professional Engineers Registration Law" (P.L.
913, No. 367) and shall be presented in ink on tracing cloth or plastic
material at a scale not smaller than one inch equals 100 feet; North
arrow, graphic scale and the preparing engineer's seal shall be shown;
a key map shall be provided if the plan is in sections to show the
relationship between the portion proposed for final approval and that
given preliminary approval; a title block shall be placed in the lower
right corner of the plan showing the plan name, name and address of
property owner and prospective developer if different, name and address
of engineer, and date of submission.
[Amended 8-9-1989 by Ord. No. 907]
B.
Plan for final approval and recording. All property
boundary lines, lot lines, street lines and easement lines shall be
shown by bearings and distances to the nearest minute and tenth of
a foot; building setback lines on all properties; street and easement
widths, pavement widths and street names; number of each lot running
consecutively over entire plan given preliminary approval or number
corresponding to the assigned street number address, if requested
by the Township; location of all monuments; designation of areas to
be dedicated for public or community use; names of abutting property
owners and subdivisions; location of structures, including height
of each and distances between adjacent buildings and between buildings
and adjacent property lines in a multifamily, commercial or industrial
plan; location of access points from adjacent roads, private drives
and parking areas indicating number of spaces if a multifamily, commercial
or industrial plan; proposed grading with contours at two-foot intervals
if a multifamily, commercial or industrial plan; sewage collection
lines showing line size, direction of flow and manholes; water distribution
lines showing line size, valves and hydrants; stormwater lines showing
line size, direction of flow, inlets and retention devices.
C.
Profiles along the center line of all new street sections
and sanitary sewer and stormwater sewer lines profiles shall be drawn
at the same scale as the plan showing the lengths and grades of tangents
and curves and curve data of all roads; the lengths of sanitary and
stormwater sewer line sections and slope of each; manholes and inlets
with top and bottom elevations; stormwater impoundments showing dam,
spillway and drain pipe.
D.
Cross section: a section across a typical street right-of-way
showing materials to be used, depth of materials, dimensions and grading
to create gutter lines.
E.
Supporting documents: evidence that the property is
owned by the person or corporation submitting the plan or that he
or it has entered into a sales agreement for purchase; a statement
describing in detail the improvements to be built by the developer,
together with estimates of the cost of each; a completion bond properly
executed and approved by the Township Solicitor, or a certified check,
drawn to White Township, to cover the full cost of the public improvements;
any restrictive covenants to be applied by the developer upon the
sale of lots in the form of recording.
[1]
Editor's Note: See Attachment 1, Procedure for Requesting
Plan Approval, included as an attachment to this chapter, for a summary
of the requirements.
