This Part 3 sets forth the application requirements for obtaining
approval of subdivisions and land developments. The form of the various
plans referred to in this Part 3 and information required to be forwarded
with such plans shall be as specified in Part 4.
A.
A sketch plan conference between a prospective applicant and the
Zoning Officer and/or Township Engineer should be held prior to the
preapplication conference and prior to the filing of any applications
for preliminary plan approval under this chapter. The sketch plan
conference requires no formal application fee.
B.
Prior to filing an application for preliminary plan approval, a prospective
applicant should appear before the Planning Commission for a preapplication
conference to discuss the applicable regulations governing subdivisions
and/or land developments of property and the feasibility and timing
of the applications for approval. The preapplication conference requires
no formal application or fee. This opportunity is afforded to the
prospective applicant to obtain information and guidance before entering
into binding commitments or incurring substantial expenses for plan
preparation.
All applications for approval of a subdivision plan, land development
plan or improvement construction plan shall be made by the developer
filing an application form, to be supplied by the Township, together
with the appropriate plans, studies, reports, supporting data and
required filing fee, with the Township.
A.
Preliminary plan application procedure.
(1)
An application for preliminary approval of a subdivision and/or land development shall be filed with the Zoning Officer, on forms as prescribed by the Township, by no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the regular meeting of the Planning Commission. The preliminary application shall not be considered complete and properly filed unless or until all items required by § 22-402 of this chapter, including the application fee and deposit, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by § 22-402 of this chapter and any other relevant Township ordinances have been submitted by the applicant.
(3)
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; any Township professional
consultant deemed necessary by the Township Manager; and the Butler
County Planning Commission or its designee.
(4)
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
(5)
Revised plans shall be filed with the Zoning Officer by no later
than 11:00 a.m., prevailing time, at least 21 calendar days prior
to the date of the Planning Commission meeting in order to be considered
at that meeting, or by no later than 11:00 a.m., prevailing time,
at least 21 calendar days prior to the date of the Board of Supervisors
meeting in order to be considered at that meeting.
B.
Township staff review.
(1)
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the preliminary plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance (Chapter 27), applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
(2)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance (Chapter 26, Part 1), the Township Construction Standard Details, and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
[Amended 10-11-2012 by Ord. No. 12-06]
C.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the preliminary plan application
and associated documents and forward its recommendation to the Board
of Supervisors.
(2)
If the plan is deemed to have outstanding comments or unaddressed
concerns, the developer shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the preliminary plan application.
D.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the preliminary plan application
no later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application, provided that, should the next said Planning
Commission meeting occur more than 30 days following the filing of
an administratively complete application, said ninety-day period shall
be measured from the 30th day following the date of filing of the
administratively complete application. The recommendation of the Planning
Commission and the Planning Commission minutes containing the report
of the Township Engineer shall be made a part of the record at the
said Board of Supervisors meeting.
(2)
The Board of Supervisors shall not act on a preliminary application
unless the Township has received written review of the application
by the Butler County Planning Commission or its designee, or unless
at least 30 calendar days have passed since the date of referral to
the Butler County Planning Commission.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the preliminary plan
application is not approved in terms as filed, the Board of Supervisors
shall specify the defects found in the preliminary plan application
and cite the requirements of this chapter or other Township ordinances
or statutes that the applicant has not met, in accordance with the
MPC.
(4)
The applicant shall accept or reject the conditions attached to the
preliminary approval by giving written notice to the Zoning Officer
within 30 calendar days of the date of the Board of Supervisors decision.
If the applicant fails to give written notice to the Zoning Officer
regarding acceptance or rejection of the conditions attached to preliminary
approval within the required 30 calendar days, then the conditions
shall be deemed accepted by the applicant.
(5)
If the Board of Supervisors approves the preliminary plan application
subject to certain conditions, then the developer shall not file a
final plan application until all such conditions are addressed and
complied with in a manner acceptable to the Township.
(6)
Approval of a preliminary plan application shall only constitute
authorization to proceed with preparation and filing of a final plan
application once all conditions of approval have been addressed and
complied with in a manner acceptable to the Township.
E.
Expiration of preliminary plan approval.
(1)
Preliminary plan approval shall expire within five years after being
granted by the Board of Supervisors, unless the applicant requests
and the Board of Supervisors grants a written extension prior to the
expiration of the preliminary plan approval. The applicant shall submit
a request for extension, in writing, to the Zoning Officer at least
30 calendar days prior to any prevailing expiration date. Extensions
may be granted for one or more six-month periods, upon a finding by
the Board of Supervisors that such extension is warranted.
(2)
In the case of a phased development calling for the installation
of public improvements beyond the five-year period, a schedule shall
be filed by the applicant with the preliminary plan application delineating
all proposed phases or sections, as well as deadlines for submission
of applications for final approval of each phase and section. Such
schedule shall be updated annually by the applicant on or before the
anniversary date of preliminary approval, until final approval of
the last phase or section has been granted. Any modification in the
schedule for filing final applications shall be subject to approval
by the Board of Supervisors in its sole discretion.
A.
Prerequisites to filing final plan application. An application for
final plan approval can be submitted, provided that:
(1)
The Board of Supervisors has granted preliminary plan approval to
the subject subdivision and/or land development plan.
(2)
All conditions imposed by the Township Board of Supervisors on the
preliminary plan approval have been complied with in a manner acceptable
to the Township.
(3)
The completion of the improvements required by this chapter in accordance with the improvement construction plan procedure stated in § 22-307 of this chapter, when the improvements are not assured by the posting of financial security as provided in Part 5 of this chapter. An applicant that files a final plan application without proceeding through the improvement construction plan procedure referenced in § 22-307 of this chapter is deemed to have waived the improvement construction plan option and is deemed to have elected to post financial security with the Township for all improvements required by this chapter in accordance with the requirements hereof.
B.
Final plan application procedure.
(1)
An application for final approval of a subdivision and/or land development shall be filed with the Zoning Officer, on forms as prescribed by the Township, no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the regular meeting of the Planning Commission. The preliminary application shall not be considered complete and properly filed unless or until all items required by § 22-403 of this chapter, including the application fee and deposit, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by § 22-403 of this chapter and any other relevant Township ordinances have been submitted by the applicant.
(3)
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; any Township professional
consultant deemed necessary by the Township Manager; and the Butler
County Planning Commission or its designee.
(4)
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
(5)
The final plan may be submitted in phases or sections as shown on the approved preliminary plan and phasing schedule pursuant to § 22-305E(2) of this chapter.
(6)
Revised plans shall be filed with the Zoning Officer by no later
than 11:00 a.m., prevailing time, at least 21 calendar days prior
to the date of the Planning Commission meeting in order to be considered
at that meeting, or by no later than 11:00 a.m., prevailing time,
at least 21 calendar days prior to the date of the Board of Supervisors
meeting in order to be considered at that meeting.
C.
Township staff review.
(1)
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the final plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance (Chapter 27), applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
(2)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance (Chapter 26, Part 1), the Township Construction Standard Details, and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
[Amended 10-11-2012 by Ord. No. 12-06]
D.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the final plan application and
associated documents and forward its recommendation to the Board of
Supervisors.
(2)
If the plan is deemed to have outstanding comments or unaddressed
concerns, the developer shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the final plan application.
E.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the final plan application
no later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application, provided that, should the next said Planning
Commission meeting occur more than 30 days following the filing of
an administratively complete application, said ninety-day period shall
be measured from the 30th day following the date of filing of the
administratively complete application. The recommendation of the Planning
Commission and the Planning Commission minutes containing the report
of the Township Engineer shall be made a part of the record at the
said Board of Supervisors meeting.
(2)
The Board of Supervisors shall not act on a final application unless
the Township has received written review of the application by the
Butler County Planning Commission or its designee, or unless at least
30 calendar days have passed since the date of referral to the Butler
County Planning Commission.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the final plan application
is not approved in terms as filed, the Board of Supervisors shall
specify the defects found in the final plan application and cite the
requirements of this chapter or other Township ordinances or statutes
that the applicant has not met, in accordance with the MPC.
(4)
The applicant shall accept or reject the conditions attached to the
final approval by giving written notice to the Zoning Officer within
30 calendar days of the date of the Board of Supervisors decision.
If the applicant fails to give written notice to the Zoning Officer
regarding acceptance or rejection of the conditions attached to final
approval within the required 30 calendar days, then the conditions
shall be deemed accepted by the applicant.
F.
Final plat recordation.
(1)
Upon approval of a final plat by the Board of Supervisors, the developer
shall, within 90 days of such final approval or within 90 days after
the date of delivery of an approved plat signed by the Board of Supervisors,
following completion of conditions imposed for such approval, whichever
is later, record such plat in the office of the Butler County Recorder
of Deeds. The Butler County Recorder of Deeds shall not accept any
plat for recording unless such plat officially notes the approval
of the Board of Supervisors or Planning Director, as appropriate;
the review of the Township Planning Commission and the Butler County
Planning Commission, unless otherwise provided by this chapter; and
the release of the plat for recording by the Township Manager.
(2)
Failure of the developer to record the final plat within the time period required by Subsection F(1) above shall render the final plan approval null and void and shall require the developer to resubmit the final plan application in accordance with the requirements of this chapter, except that the Board of Supervisors may waive review by the Township Planning Commission if the final plan application is the same as originally approved.
(3)
Prior to the release of the final plat for recording by the Township Manager, the developer shall provide the Township with a recording deposit, in an amount established from time to time by resolution of the Board of Supervisors, guaranteeing the developer's delivery to the Township of the recorded plans and other documents required by Subsection F(4) below.
(4)
Upon recording of the final plat in the office of the Butler County
Recorder of Deeds, the developer shall deliver to the Township the
following:
A.
Improvement construction plan application. After an applicant has received official notification that the preliminary plan has been approved, the applicant may file an application for approval of an improvement construction plan in lieu of posting financial security with the Township under Part 5 hereof to guarantee the construction of the improvements required by this chapter. No construction may proceed until approval of the improvement construction plan is granted.
B.
Application requirements. All improvement construction plan applications
shall include the following:
(1)
Twelve copies of the improvement construction plan. All plans shall
be either black-on-white or blue-on-white paper prints.
(2)
Three copies of all reports, notifications and certificates which
are not provided on the improvement construction plan.
(3)
Three copies of a detailed narrative describing the proposed project
and what action is being requested from the Township.
(4)
A completed application form and supplemental documents.
(5)
The appropriate filing fee and deposit account.
C.
Plan requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 22-403 of this chapter, with the exception of § 22-403F(2)(d) and (f).
D.
Improvement construction plan application procedure.
(1)
An application for approval of an improvement construction plan shall be filed with the Zoning Officer, on forms as prescribed by the Township, no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the regular meeting of the Planning Commission. The application shall not be considered complete and properly filed unless or until all items required by Subsections B and C above, including the application fee and deposit, have been received by the filing date.
(3)
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; any Township professional
consultant deemed necessary by the Township Manager; and the Butler
County Planning Commission or its designee.
(4)
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
(5)
The improvement construction plan may be submitted in phases or sections as shown on the approved preliminary plan and phasing schedule pursuant to § 22-305E(2) of this chapter.
(6)
Revised plans shall be filed with the Zoning Officer by no later
than 11:00 a.m., prevailing time, at least 21 calendar days prior
to the date of the Planning Commission meeting in order to be considered
at that meeting or by no later than 11:00 a.m., prevailing time, at
least 21 calendar days prior to the date of the Board of Supervisors
meeting in order to be considered at that meeting.
E.
Township staff review.
(1)
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the improvement construction plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance (Chapter 27), and any other applicable Township ordinances or regulations. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
(2)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance (Chapter 26, Part 1), the Township Construction Standard Details, and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
[Amended 10-11-2012 by Ord. No. 12-06]
F.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the improvement construction
plan application and associated documents and forward its recommendation
to the Board of Supervisors.
(2)
If the plan is deemed to have outstanding comments or unaddressed
concerns, the developer shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the improvement construction plan application.
G.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the improvement construction
plan application no later than 90 days following the regular meeting
of the Planning Commission next following the date of filing of an
administratively complete application, provided that, should the next
said Planning Commission meeting occur more than 30 days following
the filing of an administratively complete application, said ninety-day
period shall be measured from the 30th day following the date of filing
of the administratively complete application. The recommendation of
the Planning Commission and the Planning Commission minutes containing
the report of the Township Engineer shall be made a part of the record
at the said Board of Supervisors meeting.
(2)
The Board of Supervisors shall not act on an application unless the
Township has received written review of the application by the Butler
County Planning Commission or its designee, or unless at least 30
calendar days have passed since the date of referral to the Butler
County Planning Commission.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the improvement construction
plan application is not approved in terms as filed, the Board of Supervisors
shall specify the defects found in the improvement construction plan
application and cite the requirements of this chapter or other Township
ordinances or statutes that the applicant has not met, in accordance
with the MPC.
(4)
The applicant shall accept or reject the conditions attached to the
improvement construction plan approval by giving written notice to
the Zoning Officer within 30 calendar days of the date of the Board
of Supervisors decision. If the applicant fails to give written notice
to the Zoning Officer regarding acceptance or rejection of the conditions
attached to the improvement construction plan approval within the
required 30 calendar days, then the conditions shall be deemed accepted
by the applicant.
(5)
If the Board of Supervisors approves the improvement construction
plan application subject to certain conditions, then the developer
shall commence construction of the improvements until all such conditions
are addressed and complied with in a manner acceptable to the Township
and he has received the necessary Township authorization to commence
construction.
H.
Improvement construction plan certificate and construction authorization.
After the Board's approval of the improvement construction plan and
the required changes, if any, are made, the applicant shall proceed
to prepare three plans which shall be either black ink on tracing
cloth or transparent reproductions of the original plan with black
line on cloth or stable plastic base film. These plans shall be certified
in the following manner:
(1)
Both improvement construction plans shall be presented to the Board
for the signature of the Chairman, or his designee, as attested by
the Township Secretary.
(2)
Approval and certification of an improvement construction plan shall
not constitute final plan approval of the proposal, nor shall this
plan be recorded with the Recorder of Deeds, but shall, when combined
with the necessary municipal and/or commonwealth approvals and permits,
grant the authority to install the improvements required as part of
this chapter.
(3)
Following the Township's certification of the improvement construction
plan, two copies of the plan will be retained by the Township, and
the remaining copy will be available to the firm which prepared the
plan.
(4)
Improvement construction plan approval will be effective for a five-year
period from the date of the Board's approval of the preliminary plan.
Construction must be completed and a final plan application must be
submitted within five years of the preliminary plan approval or else
the plan approval will become null and void.
I.
Completion of improvements. Upon completion of the improvements required
by this chapter, the applicant may proceed to submit a final plan
and application, which shall include notice of approval of the improvements
by the authority which is to accept the improvement.
A.
Expedited plan approval procedure.
(1)
Applicability.
(a)
A developer of any of the subdivision plan types listed below
may apply for and obtain simultaneous preliminary plan and final plan
approval from the Planning Director by following the procedures set
forth in this section for expedited plan approval, provided that:
[1]
The developer selects this expedited plan approval option at
the time of application submittal; and
[2]
The developer does not request any waivers or modifications
of this chapter; and
[3]
The subdivision plan complies with and is subject to all applicable
Township ordinances; and
[4]
At the time of application submittal, the Planning Director
may, in his sole discretion, reject the subdivision plan from the
expedited approval procedure and require the application to proceed
under the normal preliminary plan and final plan approval procedures
under this chapter for approval by the Board of Supervisors.
(b)
The expedited plan approval process is available for the following
types of subdivision plans:
[1]
Lot line revision plans;
[2]
Lot consolidation plans;
[3]
Party wall subdivision plans;
[Amended 10-11-2012 by Ord. No. 12-06]
[4]
Minor subdivisions that do not propose or require new streets;
and
[Added 10-11-2012 by Ord.
No. 12-06]
[5]
Revised subdivision plans which conform to the requirements of Subsection A(1)(a)[1] through [4] above.
[Amended 10-11-2012 by Ord. No. 12-06]
(2)
Application procedure.
(a)
An application for expedited plan approval shall be filed with the Zoning Officer, on forms as prescribed by the Township. The application shall not be considered complete and properly filed unless or until all items required by § 22-403 of this chapter, including the application fee and deposit, have been received by the filing date; provided, however, plans eligible for approval under this Subsection A shall be exempted from the following requirements of § 22-403:
[1]
Existing contours under §§ 22-403D and 22-402D(1).
[2]
Wetlands locations under §§ 22-403D and 22-402D(4)(g).
[3]
Steep slope area locations under §§ 22-403D and 22-402D(4)(h), provided that the following note is placed on the plan: "No land development shall occur on the properties that are located within this subdivision until such time as the requirements of § 22-613 of Chapter 22, Subdivision and Land Development, of the Code of Jackson Township, Butler County, Pennsylvania, as amended (related to steep slope areas), have been complied with in a manner acceptable to the Township."
[4]
Vegetation and woodland preservation areas under §§ 22-403D and 22-402D(4)(i), provided that the following note is placed on the plan: "No land development shall occur on the properties that are located within this subdivision until such time as the vegetation and woodland preservation requirements of Chapter 27, Zoning, of the Code of Jackson Township, Butler County, Pennsylvania, as amended, have been complied with in a manner acceptable to the Township."
(c)
Within five days of receipt of an administratively complete
application, the Zoning Officer shall submit one copy of the application
and any materials submitted therewith to the Planning Director, the
Township Solicitor, the Township Engineer, any Township professional
consultant deemed necessary by the Township Planning Director, and
the Butler County Planning Commission or its designee.
(3)
Township staff review.
(a)
The Planning Director, Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the preliminary and final plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance (Chapter 27), and any other applicable Township ordinances and regulations. These officials and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
(b)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance (Chapter 26, Part 1), the Township Construction Standard Details, and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Planning Director, the Township Solicitor and any other Township personnel or professional consultant as directed by the Planning Director or his designee.
[Amended 10-11-2012 by Ord. No. 12-06]
(4)
Planning Director action.
(a)
The Planning Director shall approve, approve with conditions
or deny the application no later than 90 days following the date of
filing of an administratively complete application.
(b)
The Planning Director shall not act on an application unless
the Township has received written review of the application by the
Butler County Planning Commission or its designee, or unless at least
30 calendar days have passed since the date of referral to the Butler
County Planning Commission.
(c)
A letter indicating the Planning Director's approval, approval
with conditions or disapproval shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
within 15 calendar days following the Planning Director's decision.
If the final plan application is not approved in terms as filed, then
this letter shall specify the defects found in the application and
cite the requirements of this chapter or other Township ordinances
or statutes that the applicant has not met, in accordance with the
MPC.
(d)
The applicant shall accept or reject the conditions attached
to the approval by giving written notice to the Zoning Officer within
30 calendar days of the date of the Planning Director decision. If
the applicant fails to give written notice to the Zoning Officer regarding
acceptance or rejection of the conditions attached to final approval
within the required 30 calendar days, then the conditions shall be
deemed accepted by the applicant.
(5)
Final plat recordation.
(a)
Upon approval of a plat by the Planning Director, the developer
shall, within 90 days of such approval or within 90 days after the
date of delivery of an approved plat signed by the Planning Director,
following completion of conditions imposed for such approval, whichever
is later, record such plat in the office of the Butler County Recorder
of Deeds. The Butler County Recorder of Deeds shall not accept any
plat for recording unless such plat officially notes the approval
of the Planning Director and the release of the plat for recording
by the Township Manager.
(b)
Failure of the developer to record the plat within the time period required by Subsection A(5)(a) above shall render the plan approval null and void and shall require the developer to resubmit the final plan application in accordance with the requirements of this chapter.
B.
Revised subdivision and/or land development plans.
(1)
Any replatting or resubdivision of recorded or unrecorded plans,
excluding lot grading plans in subdivisions, shall be considered as
a new application and shall comply with the requirements of this chapter,
except that plans may be changed, provided that, in making such changes:
(a)
No lot or tract of land shall be created that does not meet
the minimum design standards required by this chapter and existing
Township regulations, including without limitation the Township Construction
Standard Details.
[Amended 10-11-2012 by Ord. No. 12-06]
(b)
No structure shall be relocated which does not meet the minimum
design standards required by this chapter and existing Township regulations.
(c)
No increase is made in the overall density.
(d)
The stormwater management facilities are not altered in a manner
which affects the discharge of stormwater to an adjacent property
or significantly relocates a major stormwater management facility
within the project.
(e)
Street locations and block sizes shall not be changed.
(f)
The character and land use of the original application shall
be maintained.
(2)
In every case where a plan alteration conforms to the above, the
applicant shall:
(a)
Submit to the Board one black-on-white or blue-on-white paper
copy of the revised final plan and one application form. Upon review
of the revision, the Township will advise the applicant whether or
not the revision complies with the above requirements.
(b)
If the revision complies with the above requirements, then the applicant shall prepare and submit the plan in accordance with the final plan requirements of § 22-306 of this chapter.
C.
Minor subdivision and minor land developments.
(1)
Minor subdivision. The developer of a minor subdivision, as defined by § 22-202, that does not qualify for the expedited plan approval process provided in Subsection A of this section shall apply for and obtain simultaneous preliminary plan and final plan approval from the Board of Supervisors by following the procedures set forth in § 22-306 for final plan approval, provided that the combined preliminary/final plan complies with all requirements of § 22-403, with the exception of:
(a)
Existing contours under §§ 22-403D and 22-402D(1).
(b)
Wetlands locations under §§ 22-403D and 22-402D(4)(g).
(c)
Steep slope area locations under §§ 22-403D and 22-402D(4)(h), provided that the following note is placed on the plan: "No land development shall occur on the properties that are located within this subdivision until such time as the requirements of § 22-613 of Chapter 22, Subdivision and Land Development, of the Code of Jackson Township, Butler County, Pennsylvania, as amended (related to steep slope areas), have been complied with in a manner acceptable to the Township."
(d)
Vegetation and woodland preservation areas under §§ 22-403D and 22-402D(4)(i), provided that the following note is placed on the plan: "No land development shall occur on the properties that are located within this subdivision until such time as the vegetation and woodland preservation requirements of Chapter 27, Zoning, of the Code of Jackson Township, Butler County, Pennsylvania, as amended, have been complied with in a manner acceptable to the Township."
(2)
Minor land development. The developer of a minor land development, as defined by § 22-202, may proceed simultaneously for preliminary plan and final plan approval by following the procedures set forth in § 22-306 for the final plan approval, provided that the combined preliminary/final plan complies with all requirements of §§ 22-402 and 22-403.
A.
Waiver application and requirements. Any request for a waiver or
modification of a provision of this chapter shall be submitted in
writing as part of an application for preliminary or final plan approval.
The written request shall include:
(1)
The specific section of this chapter which is requested to be waived
or modified.
(2)
The justification for the waiver, stating in full the grounds and
facts of unreasonableness or hardship on which the request is based.
(3)
Provisions proposed as an alternate to the requirements.
(4)
A plan prepared at least to the minimum standards of a sketch plan (see § 22-401), if determined necessary by the Township Zoning Officer or Township Engineer.
(5)
Appropriate filing fee and deposit.
B.
Waiver application procedure.
(1)
An application for a waiver shall be filed with the Zoning Officer, on forms as prescribed by the Township, as part of an application for preliminary or final plan approval and by no later than 11:00 a.m., prevailing time, at least 21 days prior to the date of the regular meeting of the Planning Commission. The application shall not be considered complete and properly filed unless or until all items required by Subsection A above, including the application fee and deposit, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by Subsection A above and any other relevant Township ordinances have been submitted by the applicant.
(3)
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; any Township professional
consultant deemed necessary by the Township Manager; and the Butler
County Planning Commission or its designee.
(4)
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
(5)
Revised plans shall be filed with the Zoning Officer by no later
than 11:00 a.m., prevailing time, at least 21 calendar days prior
to the date of the Planning Commission meeting in order to be considered
at that meeting or by no later than 11:00 a.m., prevailing time, at
least 21 calendar days prior to the date of the Board of Supervisors
meeting in order to be considered at that meeting.
C.
Township staff review.
(1)
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the waiver application documents to determine if they are in compliance with this chapter, the Zoning Ordinance (Chapter 27) and any other applicable Township ordinances or regulations. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
(2)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance (Chapter 26, Part 1), the Township Construction Standard Details, and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
[Amended 10-11-2012 by Ord. No. 12-06]
D.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the waiver application and associated
documents and forward its recommendation to the Board of Supervisors.
(2)
If the application is deemed to have outstanding comments or unaddressed
concerns, the developer shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the waiver application.
E.
Board of Supervisors action.
(1)
The Board of Supervisors may approve a waiver application if the
applicant proves all of the following:
(a)
The literal enforcement of the subject section(s) of this chapter
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(b)
The waiver or modification of the subject section(s) of this
chapter will not be contrary to the public interest.
(c)
The purpose and intent of this chapter is observed.
(d)
An alternative proposal will allow for equal or better results
and represents the minimum modification necessary.
(2)
In approving a waiver application, the Board of Supervisors may,
in its sole discretion, impose such reasonable conditions as it deems
necessary to secure the objectives and purposes of this chapter and
to protect the public interest. When a waiver is granted with conditions,
a statement of the approved waiver, including the imposed conditions,
shall be provided on the final plan.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address.
Approval of final plats by the Board of Supervisors shall not
be binding if county, state or federal agencies find just cause to
disapprove the development. It shall be the developer's responsibility
to obtain all necessary approvals from the county.
