[Ord. 1994-1, 7/--/1994, § 101]
This chapter shall be known and may be cited as the "Vernon
Township Subdivision and Land Development Ordinance."
[Ord. 1994-1, 7/--/1994, § 102]
1.
This chapter is adopted:
A.
To promote the public health, safety, morals and general welfare.
B.
To assure that the arrangement of each subdivision or land development
furthers the safe, harmonious and orderly development of Vernon Township.
C.
To guarantee that streets in and bordering each subdivision or land
development are coordinated with the municipal circulation system
and are of such widths grades, locations and construction as to accommodate
anticipated traffic and facilitate emergency service access.
D.
To insure that sewage disposal and water supply systems are efficiently
designed and have adequate capacity for future demands and that on-lot
sewage disposal and water supply systems are safely separated from
each other.
E.
To provide easements of adequate size and location for storm drainage
and other utilities.
F.
To safeguard land subject to flooding, periodic high water table
or high incidence of erosion from development practices that would
aggravate these circumstances.
G.
To curtail erosion damage, prevent unnecessary destruction of natural
plant materials or excessive earth disturbance, minimize the impact
of stormwater runoff on drainage ways and downstream properties.
H.
To encourage the fitting of development naturally into its environment.
I.
To establish a precise, simple, uniform and objective procedure for
review and disposition of subdivision and land development plan proposals
and to ease the process of conveyance of title to property.
[Ord. 1994-1, 7/--/1994, § 103]
1.
On and after the effective date of this chapter no lot in a subdivision
may be sold or leased, no permit to erect or move any building upon
land in a subdivision or development plan may be issued and no building,
permanent or temporary, may be erected in a subdivision or development
plan unless and until a subdivision or development plan has been approved
in accordance with the requirements of this chapter and recorded in
the office of the Crawford County Recorder of Deeds and until the
improvements required by this chapter, if part of the approved plan,
have either been constructed or guaranteed by bond.
2.
In their interpretation and application, the provisions of this chapter
are held to be the minimum requirements adopted for the protection
of the public health, safety, morals and general welfare.
3.
This chapter shall not apply to any lot or lots, subdivision or development
plan created and lawfully recorded prior to enactment of this chapter,
except that the development of any such lot or plan of lots and the
provision of improvements within a plan after the enactment of this
chapter shall be in accordance with the regulations of this chapter.
However, any lot, subdivision or development plan illegally recorded
or not lawfully recorded prior to enactment shall not be given legal
status by enactment of this chapter.
4.
Any redivision or combining of lots or adjustment of lot lines within
a plan previously approved and/or recorded or any rearrangement of
structures, parking areas, access points, graded land surfaces or
other elements within a development plan shall be subject to the provisions
of this chapter.
5.
Where existing regulations of another level of government or restrictive
covenants, restrictions placed by deed or other private agreements
duly recorded with Crawford County are more restrictive than this
chapter, such regulations shall apply.
[Ord. 1994-1, 7/--/1994, § 104]
1.
The Board of Supervisors reserves to itself final approval authority
on all subdivision and land development plans. The Board shall not
act until it has received recommendations from the Planning Commission.
The Board shall call and hold a public hearing on each amendment proposed
for this chapter after soliciting both the Township and County Planning
Commissions for recommendations and before voting to adopt or reject
the amendment. The Board shall also appoint an administrator to enforce
this chapter according to its literal terms and to assist the Planning
Commission in its review of plans.
2.
The Planning Commission shall first receive all subdivision and land
development plans, shall review them and make timely recommendations
to the Board of Supervisors regarding adoption or rejection or adoption
with certain specific modifications in accordance with the requirements
of this chapter. The Commission shall also recommend to the Board
specific action on adoption of amendments to this chapter proposed
by either body or by a landowner.
3.
Appeals from decisions of the Board of Supervisors shall be to the
Crawford County Court of Common Pleas.
[Ord. 1994-1, 7/--/1994, § 105]
1.
Minor Subdivision. Shall be considered the division of any complete
lot, complete parcel or tract or land or part thereof into not more
than 10 lots, parcels or tracts for the imminent or future conveyance,
transfer, improvement, sale or lease when all of such loots, parcels
or tracts thus created abut a public road in existence prior to consideration
of the proposed subdivision. In addition, such subdivision shall include
no extension of public sewer and water lines, streets or other public
improvements and shall not, by intent on the part of the developer
or his successors, subsequently be part of a later division of the
original lot, parcel or tract creating a total of more than 10 lots,
parcels or tracts except under provisions for a major subdivision.
2.
Major Subdivision. Shall be considered the division of any lot, parcel
or tract of land or part thereof into two or more lots, parcels or
tracts for the imminent or future conveyance, transfer, improvement,
sale or lease when any or all of the lots, parcels or tracts so created
do not abut a public road in existence prior to consideration of the
proposed subdivision and/or require extension of public improvements;
or when more than 10 lots, parcels or tracts so created all abut a
public road in existence prior to consideration of the proposed subdivision
and do not require extension of public sewer or water service or streets
or other public improvements.
3.
Manufactured Home Park. Shall be considered a parcel (or contiguous
parcels) of land which has been so designated and improved that it
contains two or more manufactured home lots for lease, each such lot
for the placement thereon of one manufactured home.
4.
Land Development Plan. Shall be considered the arrangement of buildings
and structures, paved and planted surfaces, utility systems and accessways
that together constitute the development of a lot, tract or parcel
of land or contiguous lots, tracts or parcels of land. The development
of a lot for a single family detached dwelling shall not be considered
a land development.
5.
Agricultural Subdivision. Shall be considered any division of a tract
or parcel for agricultural purposes into tracts or parcels for lease,
each of which shall contain at least 10 acres and none of which shall
include any residential dwelling or require the extension or creation
of streets or easements for access. Such subdivision may be recorded
without subdivision review upon notification of the Board of Supervisors
by the landowner prior to recording. A deed description shall suffice
to identify the proposed subdivision.
[Ord. 1994-1, 7/--/1994, § 106]
1.
If any section, clause, paragraph, regulation or provision of this
chapter is found invalid by a court of law, such judgment shall not
affect, impair, invalidate or nullify the remaining sections, clauses,
paragraphs, regulations or provisions but only the clause, paragraph,
regulation or provisions found invalid by the court.
2.
All ordinances or parts of ordinances or regulations in conflict
with this chapter or inconsistent with its provisions are hereby repealed
to the extent necessary to give this chapter full force and effect.
However, where another ordinance, law or restrictive covenant imposes
a higher standard in a particular regulation, that standard shall
supersede this chapter in the particular instance.
3.
The provisions of this chapter, so far as they are common to those
regulations in force immediately prior to the enactment of this chapter,
are intended as a continuation of such prior regulations and not as
new enactments. Such parts of the prior regulations that are omitted
from this chapter shall be deemed as abrogated.
4.
The adoption of this chapter does not make legitimate development
activity in the Township illegal under provisions of the prior regulations
nor does it annul any litigation currently being pursued or that may
be pursued in the future against such illegal activity.
5.
The approval of any subdivision or land development plan shall not
constitute a representation, guarantee or warranty of any kind by
the Township or by any official or employee of the practicality or
safety or the arrangement of lots and improvements or other elements
within the development covered by the approval and shall create no
liability upon the Township, its officials or employees.
[Ord. 1994-1, 7/--/1994, § 107]
1.
No plan of a subdivision or land development proposed for Vernon
Township shall be recorded in any public office unless or until that
plan shall bear the certified approval of the Planning Commission
and the Board of Supervisors.
2.
It shall be unlawful for any person to sell, trade or otherwise convey
or offer to sell, trade or otherwise convey any lot or parcel of land
as a part of or in conformity with any plan, plat or replat or any
subdivision or land development unless and until said plan, plat or
replat shall have been first recorded in the office of the Crawford
County Recorder of Deeds.
