[Amended 4-27-1992 by Ord. No. 466; 4-26-1993 by Ord. No. 483; 10-28-2024 by Ord. No. 905]
[1]
Editor's Note: See also the flow chart, Procedure for Final Plat for Subdivision or Land Development, included as an attachment to this chapter.
A. 
Within six months after Township Planning Commission approval of the preliminary subdivision or land development plat, a final subdivision or land development plat and all necessary supplementary data shall be delivered to the Township. However, an extension of time may be granted by the Township Planning Commission upon written request. In any case, § 385-9 of this chapter shall govern the application of new regulations enacted in the interim, as well as scheduling requirements.
B. 
The final plat shall conform in all respects to the preliminary plat as previously approved by the Township Planning Commission and shall incorporate all modifications or conditions required at the time of approval of the preliminary plat.
C. 
The Township Planning Commission may permit submission of the final plat in sections or phases, each covering a reasonable portion of the entire proposed subdivision of land development as shown on the approved preliminary plat. In any case, § 385-9 of this chapter shall govern the phasing of development for five years or more.
D. 
Submission of final plats with preliminary plats is not recommended. However, a subdivider or developer may do so at their own risk. The preliminary plat shall be considered first, but at the discretion of the Planning Commission both preliminary and final plats can be approved at the same meeting.
E. 
If the necessity for a preliminary plat is waived, at the discretion of the Planning Commission, the subdivider or developer shall comply with § 385-27B and § 385-27D(3), in addition to the other requirements of this section.
F. 
Authority for modifications of these regulations will be found in § 385-11.
A. 
Application. An application for review of a final plat shall be directed to the Township Planning Department by the subdivider or developer of any proposed subdivision or land development prior to the regularly scheduled meeting of the Township Planning Commission at which the plat is to be filed, on such forms as may be provided by the Township. All drawings, drafts of agreements, and other requirements of this chapter not shown on the plat shall be submitted with the application. In addition, the developer shall specify what changes, additions and deletions have been made to the information which accompanied the preliminary plat, and identify the changes, additions or deletions requested by the Planning Commission in its approval of the preliminary plat. The applicant shall state on the application whether the Township Engineer or the applicant's engineer will be preparing the cost estimates for all improvements.
B. 
Application fee. As may be required by § 385-47A of this chapter.
C. 
Applications for review of final subdivision or land development plans shall be subject to the same deadlines, content and completeness, and distribution requirements as that set out in § 385-20C to F.
A. 
Format. The final subdivision or land development plat shall conform to the format as established in § 385-21A of this chapter. In addition, appropriate spaces for written approval of said plat by the Township Planning Commission, the Township Council, the County Planning Commission and the County Recorder of Deeds, and such other legal information as may be required by the current approved Township format. (See appendix.)
B. 
Absence of preliminary plat. When a preliminary plat has not been required, the information required in § 385-21A of this chapter shall be shown on the final plat.
C. 
Proposed subdivision or land development. A full plat in accordance with §§ 385-32 to 385-40 of this chapter, including:
(1) 
The total tract boundary lines of the area being subdivided or developed with accurate distances to hundredths of a foot and bearings to 1/4 of a minute. These boundaries shall be determined by accurate survey in the field, which shall be balanced and closed with an error of closure not to exceed one foot in 2,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider or developer (for example, between separately submitted final plat sections) are not required to be based upon field surveys and may be calculated. The location and elevation of all street monuments shall be indicated, along with a statement of the total area of the property being subdivided or developed. In addition, the surveyor shall certify to the accuracy of the survey, the drawn plat, and the placement of the monuments.
(2) 
All final dimensions and bearings of street and lot lines including radii of curves and arcs, and delta angles of curves, including center-line data for all streets.
(3) 
All final lot numbers and house numbers. The Township assigns house numbers.
(4) 
All final easements and rights-of-way for utilities, transmission, sewer and water lines; septic field locations (primary and alternate); oil and gas wells; stormwater management facilities, and permanent conservation measures.
(5) 
Building setback lines from streets and/or boundaries.
(6) 
Appropriate clauses from the appendix of this chapter. When a property of an owner is being conveyed to an adjacent owner, both properties must be shown on the recorded plat with the appropriate clauses for each owner. (See appendix.)
(7) 
All existing buildings with ties to the property lines and notations as to whether they are to remain or be removed.
(8) 
When development is being completed in phases, a key map shall be shown on the recorded plan indicating prior completed phases (if any), highlighting the lots in the current phase, and outlining the boundary of future phases.
(9) 
Names of all abutting subdivisions, if any, with the plan book and page numbers where recorded; names of owners of adjacent property with deed book and page number.
(10) 
A key map for the purpose of locating the property being subdivided or developed, showing the relationship to adjoining property and to all streets, roads, municipal boundaries, and recorded subdivision plats existing within 1,000 feet of any part of the property. This key map shall be based on the Township street and property map.
(11) 
Covenants governing the dedication of open space to an entity other than the Township, as per § 385-10 and § 385-32 of this chapter.
D. 
Supplemental information.
(1) 
Construction drawings showing the final profiles and plan views for sanitary sewers, storm drains, and streets; grading and soil erosion and sedimentation control; design of stormwater management facilities; and such other details as may be required in accordance with Peters Township Construction Details and Specifications (See appendix, this chapter) and the Design Standards in Article VI of this chapter. A notation is to be placed on each drawing to read "all construction and inspection is to be in accordance with Peters Township Construction Details and Specifications and Inspection Procedures" (three sets).
(2) 
Sheet sizes shall be a maximum of 24 inches by 36 inches unless otherwise permitted by the Township Engineer.
(3) 
In addition, when there has been no preliminary plat submitted, the following supplemental data shall accompany the final plat as applicable.
(a) 
Planning module components for sanitary sewers, see § 385-35B(2), or for on-lot systems, see § 385-22C.
(b) 
Supplementary data, see § 385-21B.
(c) 
Sanitary sewage disposal documentation, see § 385-21C.
(d) 
Project Narrative, see § 385-21D.
(e) 
Traffic Impact Study, see § 385-21E.
(f) 
Stormwater Management Site Plan and Report, see § 385-21F.
(g) 
Geotechnical or soils engineering report, see § 385-21G.
(h) 
Environmental reports, see § 385-21H.
(i) 
Building elevation drawings, see § 385-21B(6).
A. 
Review.
(1) 
Review shall be conducted in the same manner and by the same procedures as set forth in § 385-22 of this chapter for preliminary plats.
(2) 
Before acting on any subdivision or land development plat, the Planning Commission may hold a public hearing thereon after public notice.
B. 
Action. Final subdivision and/or land developments shall be acted upon in accordance with § 385-23 of this chapter unless noted otherwise below:
(1) 
If conditions are placed on approval of the final plat, the applicant shall respond in writing, accepting or rejecting such conditions. Approval of the plat shall be rescinded automatically upon the applicant's failure to accept or reject such conditions within 15 days of Planning Commission action.
(2) 
If approved subject to substantive modifications of the regulations (§ 385-11B), the plat shall be submitted to the Council by the developer for its decision on the modifications of the regulations. Such a submission shall not be considered an official submission for final approval of the plat unless all conditions for the submission to the Council are met and at the applicant's risk.
(3) 
When all the requirements of the chapter are met and review is favorable, the Planning Commission shall authorize its Chairman to endorse the plat approved by the Planning Commission together with the date of such action.
(4) 
If the final plat is recommended for disapproval, reasons for such action shall be explicitly stated in writing, citing the provisions of this chapter relied upon, copies of which shall be distributed to the Planning Commission, to the applicant and the Council.
(5) 
The decision of the Planning Commission 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.
A. 
Submission to the Council.
(1) 
When a final plat has been officially approved by the Township Planning Commission, and all construction drawings have been approved by the Township Engineer, such plat shall be placed on the agenda of the Council. In the event that conditions were placed on the Planning Commission's approval, the final plat shall not be placed on the Council agenda until the applicant has responded as required in § 385-28B(1).
(2) 
Submission to the Council shall include the estimate for the public improvements prepared by the Township Engineer or the applicant's engineer as stated on the original application.
B. 
Review.
(1) 
At a regularly scheduled meeting, the Council shall review the final plats and the written reports thereon of the Township Planning Commission and other officials and agencies.
(2) 
Before acting on any subdivision or land development plat, the Council may hold a public hearing thereon after public notice.
C. 
Action.
(1) 
Action by the Council may be favorable (approving the application), unfavorable (disapproving the application), or favorable with conditions on approval of the application of which the plats form a part. The decision of the Council 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 Council shall render its decision and communicate it to the applicant not later than 90 days after the final plat application is filed with the Township Planning Commission in accordance with this chapter. If action cannot be taken by Council within the ninety-day period allotted for the Planning Commission and Council review, the applicant may agree in writing or on a form provided by the Township to an extension of time to for a decision to be rendered pursuant to §§ 385-23A(4) to 385-23A(5).
(2) 
If the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(3) 
If the application is approved in terms as filed, the action of the Council shall be noted, together with the date of action, and the signature of the Chairman on the original of the plat.
(4) 
If the subdivision and/or land development is approved subject to conditions, these conditions must be set forth either with note(s) on the recorded plan or in a subdivision agreement, in which case the developer shall sign the plan and/or agreement within 21 days of the Council's action on the plat to indicate the acceptance of all conditions. The developer's failure to sign within 21 days shall result in the automatic rescinding of the Council's approval of the plat.
(5) 
If the subdivision and/or land development requires construction of improvements, the subdivision agreement shall specify all conditions of approval, including provisions that the subdivider or developer shall:
(a) 
Prior to construction, record the plat with the Recorder of Deeds of Washington County within 90 days of approval by the Council and that if the subdivider or developer fails to record the final plat within such period, the action of Peters Township shall be null and void, unless an extension of time is granted in writing by the Township upon written request by the subdivider or developer. The subdivider or developer shall deliver six prints of the recorded plat to the Township.
(b) 
Lay out and improve the streets, sanitary sewers, if required, and construct all of the improvements, including necessary stormwater management facilities and grading, paving, curbs, gutters, and other street improvements including storm sewers and any other improvements required by this chapter. The subdivider or developer shall also erect such monuments as have been approved on the final plat and any required waterlines and fire hydrants which were part of the approval.
(c) 
Prior to release of the plat for recording, furnish a bond or other approved financial security in accordance with § 385-43 of this chapter to guarantee the performance of said contract and to secure the completion of said improvements to the Township.
(d) 
Enter into a contract(s) with a contractor(s) acceptable to the Township for the installation of all improvements, or perform the work itself, in accordance with the approved plat and the specifications of Peters Township.
(e) 
Notify the Township Engineer or the Township Manager 24 hours before the contemplated installation or performance of any work requiring Township inspection as outlined in § 385-44 of this chapter.
(f) 
Pay the entire cost of said improvements, as herein above set forth, to the contractor(s) promptly upon completion of said work; and shall also pay the cost of supervision and inspection by the Township Engineer in charge thereof.
(g) 
Submit to the Township all required documents and plans for the acceptance of streets and public improvements as required in § 385-45 of this chapter.
(h) 
Include in the agreement any specific matter which the subdivider or developer shall perform and which are not shown in the plans or drawings.
(i) 
Covenant and agree to indemnify and save harmless Peters Township from any liability wheresoever that shall accrue to any person or corporation by reason of negligence in the conduct of the work herein referred to, or for any reason whatsoever arising from the performance by the subdivider or developer of the provisions of this agreement.
(j) 
Within one year from the recording date of the plat, complete the installation of all improvements in accordance with the approved plat and specifications of Peters Township. Except that, should it become evident that any street in a partially completed plat of lots may be extensively used by heavy vehicles hauling building materials and equipment, and where such street, if completed, may be damaged during the course of construction of a number of buildings, the Township may require the developer or builder to complete the buildings or a substantial number of them prior to the final paving of the street.
(k) 
The subdivider or developer shall be jointly liable with the subcontractor and/or general contractor for whom said person or his superiors work, or with whom they have contracted, for any damage to any Township road, including the paved area, gutters, utilities and the right-of-way, and shall repair said damage within 90 days of written demand by the Township, unless an extension of time is granted by the Council. All repairs shall meet Township standards and shall be subject to Township inspection.
(l) 
Other conditions as set forth in the approval by the Council.
(m) 
Execute maintenance agreements for privately owned stormwater management facilities in accordance with § 371-43 of the Code of Peters Township.
(n) 
If there is a case where land development is not intended for the immediate erection of buildings, where streets, curbs, gutters, fire hydrants, water and sewage facilities and other improvements may not be possible to install as a condition precedent to final approval of plats, the Council shall instruct the Township Solicitor to prepare an agreement, providing that the subdivider or developer shall commit himself to the above agreements as a condition precedent to the erection of building(s) on land included in the approved plat, at the subdivider's or developer's expense.
(6) 
Any plat subject to an agreement shall have a note on the recorded plan: "Approved for recording purposes only subject to all the provisions of a contract between the owner(s) and Peters Township, which is recorded in the office of the Recorder of Deeds, a copy of which is on file with the Township."
(7) 
When requested by the developer, in order to facilitate financing, the Township Manager shall furnish the developer with a letter indicating approval of the final plat by the Council contingent upon the developer obtaining a satisfactory financial security. The final plat shall not be signed nor recorded until financial security is posted with the Township. The letter of contingent approval shall expire and be deemed to be revoked if the financial security is not delivered within 90 days unless a written extension is granted by the Council. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
(8) 
The Township shall retain custody of the original plat until all legal agreements have been executed; all bonds, escrows, fees, and/or affidavits have been delivered and other conditions of the approval have been met; at which time, the original plat will be sealed by the Township Manager and released for recording. The copy of the original shall be retained in the Township files until six prints of the recorded plan are delivered to the Township.
(9) 
Failure of the Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed as approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation or communication of the decision in which case failure to meet the extended time or change in the manner of presentation of communication shall have like effect.
A. 
Upon the approval of a final plan, the developer shall, within 90 days of such final approval, record such plan in the office of the Recorder of Deeds of Washington County, provided that such plan addresses any conditions of Planning Commission or Council that the approval may have been conditions upon. Whenever plan approval is required by a municipality, the Recorder of Deeds of the County shall not accept any plan for recording unless such plan officially notes the approval of the Council. The steps for recording of the plan are as follows:
(1) 
The developer shall modify the final plan to meet any and all conditions of the Planning Commission or Council approvals of a given plan pursuant to §§ 385-28 and 385-29.
(2) 
The developer shall then obtain all pertinent signatures and seals except those of Peters Township and Washington County Officials on four sets of plans.
(3) 
The plans with the signatures and seals obtained as noted above shall then be delivered to Peters Township where Township staff will first determine conformity with any conditions of Council or Planning Commission's approval. If the conditions are met, then the plan shall be signed by Township Officials. A fee shall be levied as escrow for the delivery of the plans.
(4) 
The developer shall then deliver the plans to the Washington County Planning Commission for their signature.
(5) 
The developer shall then deliver the plans to the Washington County Tax Assessment office to assign tax numbers to the plan.
(6) 
Lastly, the plans shall be delivered to the Washington County Recorder of Deeds for their signature and seal, followed by the recording of the plan.
B. 
Within 30 days of the recording of the plan or prior to submitting a building or zoning permit, whichever comes first, the subdivider or developer shall deliver two certified prints of the signed, sealed, recorded plan containing all required signatures to the Township. The applicant shall then be refunded their record plan escrow fee.
C. 
If the subdivider fails to record the final plan within such period, the action of Peters Township shall be null and void, unless an extension of time is granted in writing by the Township upon written request by the subdivider or land developer.
D. 
After a plan has been approved and recorded as required by this chapter, all streets and public grounds on such plan shall be, and become, a part of the Official Map of Peters Township without public hearings.