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PROCEDURES; MAJOR SUBDIVISIONS
(A) Developers are urged to discuss possible development sites with city officials, the County Metropolitan Planning Department, and other agencies as required, prior to submission of the preliminary plan. The purpose of the pre-application meeting is to afford the developer an opportunity to avail himself or herself of available advice and assistance, and to consult early and informally with the agencies having jurisdiction or responsibilities in land development or subdivision.
(B) The developer may also consult with other parties with a view to reaching at this initial stage, firm conclusions regarding the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, lots and other features of the proposed development.
(D) Such discussion and/or sketch plan review will be considered as confidential. Submission of a sketch plan shall not constitute formal filing of a plan with the Commission.
(Ord. 1286, passed 6-7-1982)
(A) The preliminary plan and all information and procedures relating thereto shall in all respects be in compliance with the applicable provisions of these regulations when submitted to the Commission. It is the responsibility of the developer to coordinate his or her plans pursuant to the provisions of these regulations with all private and public service agencies and utility companies.
(B) All plans shall be reviewed by the Commission and/or city officials during regular office hours.
(C) In addition to filing an application for approval of a preliminary plan with the Commission, the plan shall also be concurrently submitted to the Erie Metropolitan Planning Department.
(Ord. 1286, passed 6-7-1982)
(A) After receipt of all required data, the Commission and/or staff will discuss the preliminary plan with the developer or his or her agent and will request the developer to obtain a report from the County Department of Health if on-site sewage disposal and/or on-site individual water supply are planned. In cases where the subdivision fronts on an existing or proposed state highway or has proposed streets entering on such highways, the Commission and/or city may submit the plans to the Pennsylvania Department of Transportation for review.
(B) The Commission will then review the plan to determine if it meets the standards as set forth in these regulations.
(C) The Commission and City Council shall review the preliminary plan for approval to determine its conformity to the design standards and requirements contained in these regulations. Within five calendar days after this review, the Commission shall notify, in writing, the developer or his or her agent, the action taken specifying what changes or additions, if any, will be required prior to review of the final plan.
(D) Any modification of the preliminary plan required as prerequisites to approval shall be noted on four copies of the preliminary plan. One copy will be returned to the developer, one will be retained by the Commission and one will be retained by City Council and the fourth will be filed with the County Metropolitan Planning Department.
(E) Approval of the preliminary plan shall constitute approval of the subdivision as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots, and other planned features, but shall not authorize the sale of lots.
(F) The city may issue a building permit for the construction of one sample home upon approval of the preliminary plan, but is not required to issue such a permit.
(Ord. 1286, passed 6-7-1982)
(A) After the developer has received official notification that the preliminary plan has been approved and what changes, if any, must be made if the plan is to proceed to consideration as a final plan, he or she has one year in which to submit a final plan. If he or she does not do so within a one-year period, the approval of the preliminary plan shall become null and void unless an extension of time is requested by the developer in writing and is granted in writing by the Commission before the expiration date.
(B) When an extension of time is granted for the submission of a final plan, the Commission shall do one of two things when the final plan is submitted:
(1) Make a finding that the conditions on which its approval of the preliminary plan was based have not changed substantially; or
(2) Require changes in the plan, prior to final approval, that will reflect any substantial changes on the site of the subdivision or in its surroundings, that have taken place since the grant of preliminary approval.
(C) It is not necessary for the whole plan that received preliminary approval to be submitted as a final plan. The final plan may be submitted in sections, each covering a portion of the entire proposed subdivision shown on the preliminary plan. Except for the initial preliminary plan stage, the one-year time limit does not apply.
(D) The developer must provide sewerage and water plans for the entire preliminary plan regardless of the number of lots to be initially developed.
(E) If completion of improvements is required prior to receiving final approval of the plan, the final plan may be given conditional approval. The plan and design requirements for conditional approval are the same as for final approval. Upon completion of the required improvements, the conditional plan may proceed to final plan approval. Upon receiving conditional approval, one sample home may be constructed, if a building permit has been issued by the city.
(Ord. 1286, passed 6-7-1982)
(A) The Commission shall take action and report within 45 calendar days from the date of submission of the final plan. Otherwise, such plan shall be deemed to have been approved, and a certificate as to the date of submission of the final plan for approval to the Commission and the failure of said Commission to report action thereon within 45 calendar days shall be issued on demand of the developer or his or her agent by the Commission. The grounds of modification or of disapproval of any final plan submitted to the Commission shall be stated on the records of the Commission, and may include the refusal or failure of the developer to furnish such documents as the Commission may require pursuant to these regulations, or to comply with such provisions of the following division as the Commission may have required as prerequisites to approval of the final plan.
(B) Prior to final approval of the plan by the Planning Commission, the plan shall be submitted by the Commission, together with recommendations, to City Council for approval. Final approval by the Commission shall not be granted unless the plan has been approved by City Council.
(C) After completion of all procedures and upon approval of a final plan, the Commission shall notify the subdivider or his or her agent of such actions. The developer shall then present this plan for the required signatures of the County Metropolitan Planning Department, the Commission, and the city, and subsequently be recorded. In no case shall the plan be recorded after 90 days from the date of the original approval by the city and Commission. Should the developer fail to record the final plan within such a period, the approval shall be null and void unless an extension of time is requested in writing by the developer.
(Ord. 1286, passed 6-7-1982)
(A) (1) The final plan shall be recorded with the County Clerk of Records before proceeding with the sale of lots or construction of buildings. Three copies of the plan, 18 x 24 inches in size, in addition to the original, are required for recording.
(2) Minor subdividers of one lot may be recorded in triplicate on plots of 8-1/2 x 11 inches in connection with the deed.
(B) Recording the final plan after approval shall have the effect of an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations, and school sites and other public service areas as hereafter provided. Approval shall not impose any duty upon the city concerning maintenance or improvement of any such dedicated streets, parks, areas or portions of same until the proper authorities of the city shall have made actual appropriation of the same by ordinance or resolution, or by entry, use or improvement.
(C) The developer may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated public areas, or (in unusual circumstances), streets or alleys, in which event the title to such areas shall remain with the owner, and the city and local authorities shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan. Where applicable, the city shall require a notation on each lot of record that is not suitable for on-lot septic systems as determined by the County Health Department.
(Ord. 1286, passed 6-7-1982)
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