A.
The Board of Supervisors, by resolution, shall not
approve any subdivision or land development plat except in strict
conformance with the provisions of this chapter.
B.
The Board of Supervisors may alter any subdivision
or land development plat and specify alterations, changes, or modifications
therein which it deems necessary and may make its approval subject
to such alterations, changes or modifications.
C.
No street or related improvement shall be accepted
as a part of the highway system of the municipality or for maintenance
unless opened, laid out, graded and improved in strict accordance
with standards and specifications of the municipality.
D.
Before acting to approve any subdivision or land development
plat, the Board of Supervisors may conduct a public hearing thereon,
after giving such notice as may be deemed desirable in each case.
If a public hearing has been held upon a preliminary plat, a public
hearing shall not be required upon the final plat unless the final
plat departs substantially from the preliminary plat or plan.
E.
Procedures.
(1)
From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment of the zoning, subdivision or other governing
ordinance or plan shall affect the decision on such application adversely
to the applicant; and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed. In addition,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary applications as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
(2)
When an application for approval of a plat, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in the zoning, subdivision of other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
(3)
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in the light
of the provisions of the governing ordinances or plans as they stood
at the time when the application for such approval was duly filed.
(4)
Where the landowner has substantially completed the
required improvements as depicted upon the final plat within the aforesaid
five-year limit, or any extension thereof as may be granted by the
governing body, no change of municipal ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
(5)
In the case of a preliminary plat calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plat delineating
all proposed sections as well as deadlines within which applications
for final plat approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant on or before
the anniversary of the preliminary plat approval, until final plat
approval of the final section has been granted, and any modification
in the aforesaid schedule shall be subject to approval of the governing
body in its direction.
(6)
Each section in any residential subdivision or land
development, except for the last section, shall contain a minimum
of 25% of the total number of dwelling units as depicted on the preliminary
plat, unless a lesser percentage is approved by the governing body
in its discretion. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with landowner's aforesaid schedule of submission
of final plats for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply; and for any section
or sections beyond the initial section in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term of terms
of three years from the date of final plat approval for each section.
(7)
Failure of landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject
any such section to any and all changes in zoning, subdivision and
other governing ordinance enacted by the municipality subsequent to
the date of the initial preliminary plan submission.
F.
The developer shall construct the development in strict
compliance with the approved final plat.
A.
Schedule of fees. The Board of Supervisors shall establish
a schedule of fees and a collection procedure. No action shall be
made on any application until all application fees have been paid
in full. The schedule of fees shall be available in the Township offices
and may be amended from time to time by the Board of Supervisors in
order to reflect changing costs. The schedule of fees shall include:[1]
B.
Payment of fees. Upon invoicing by the Township, the
developer shall pay the fee established by the Township to cover the
cost of the following:
(1)
Reviewing the plat's engineering details.
(2)
Inspecting the site for conformance to survey.
(3)
Preparing cost estimates or required improvements.
(4)
Inspection of required improvements during installation.
(5)
Final inspection on completion of installation of
required improvements.
(6)
All costs incurred by the Township in the enforcement
of this chapter.
[Added 12-29-2004 by Ord. No. 182]
A.
Where, owing to special conditions, a literal enforcement
of the provisions of this chapter will result in unreasonable hardship,
the Board of Supervisors may make such reasonable waivers thereto
which are in accordance with modern and evolving principles of site
planning and land development which are not contrary to the public
interest and so that the spirit of this chapter shall be observed
and substantial justice done.
B.
An application letter, along with all supporting data,
for any waiver shall be submitted to the Zoning Officer in writing
by the applicant with the preliminary plan submittal. The applicant
may also submit a request prior to submitting plans. The application
letter shall state fully the grounds and all the relevant facts regarding
the situation. The Zoning Officer, Planning Committee, or Board of
Supervisors may require additional details as part of their review.
[Amended 12-16-2019 by Ord. No. 271]
C.
The Planning Committee may review the application
and provide a recommendation to the Board of Supervisors.
[Amended 12-16-2019 by Ord. No. 271]
D.
The Board of Supervisors shall make their decision,
record the action and grounds for granting or denying the waiver in
its minutes.
