(a) Plat Required. The subdivider, having received the approval of the preliminary plan from the Planning Commission, shall submit the final plat of the subdivision along with the required drawings and specifications of improvements. Said final plat shall incorporate all changes in the preliminary plat as required by the Commission. Otherwise, it shall conform to the preliminary plan; and it shall constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time. The final plat shall be prepared by a qualified registered surveyor and the construction improvements by a qualified registered engineer.
(b) Application for Approval of Final Plat. An application for approval of the final plat together with ten (10) copies of the plat and the supplementary information specified hereinafter, shall be submitted to the Commission.
(c) Regulations Governing Improvements.
(1) The final plat drawings shall be prepared by a registered surveyor and specifications of improvements shall be a set of construction and utility plans prepared by a registered engineer. Said plans shall be submitted to the responsible officials and agencies as outlined in these regulations.
(2) Prior to the granting of approval of the final plat, the subdivider shall have installed the required improvements or shall have furnished a performance guarantee for the ultimate installation of said improvements. The requirements, approval and length of term for the performance guarantee shall be administered by the Mayor, as established by these regulations.
(d) Final Plat Form. The final plat shall be legibly prepared in waterproof ink, mylar or other material of equal performance. It shall be drawn at a scale of not less than one hundred (100) feet to the inch and shall be one or more sheets 22” x 32” in size, with ½” border and 1 ½” binding left edge. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. No ditto marks or abbreviations shall be used on the plat.
(e) Filing of the Final Plat.
(1) Six (6) copies of the final plat shall be filed with the Village of Milan Planning Commission not later than thirty-six (36) months after the date of approval or conditional approval of the preliminary plan; otherwise, it will be considered void unless an extension is requested by the subdivider and granted in writing by the Commission. Three (3) copies of the final plat should be circulated to the Director of Planning and Development who will forward copies to the County Engineer and Sanitary Engineer for their comments.
(2) The final plat shall be filed at least fourteen (14) days prior to the Commission meeting at which said plat is to be reviewed. The final plat shall be considered officially filed on the day it is received and accepted by the Commission and shall be so dated.
(3) A fee shall be required for the filing of the final plat.
(f) Final Plat Contents. The final plat shall contain the following information:
(1) Name of the subdivision, location by section (or great lot), village, county and state.
(2) Date, north point and acreage.
(3) Name and address of the subdivider, the professional engineer who prepared the improvement plans and the registered surveyor who prepared the plat and the appropriate registration numbers and seals.
(4) Primary control points and descriptions or ties to such, to which all dimensions, angles, bearings and similar data on the plat shall be shown when such adjoin or fall within the plat.
(5) All plat boundaries, proposed lot lines and bearings to half minutes; property lines of public open spaces and other sites with length of courses to 1/100 of a foot.
(6) Centerlines of streets and rights-of-way of streets, alleys, easements with accurate dimensions, bearings, or deflection angles and radii, arcs and central angles of all curves. Linear dimensions shall be expressed by bearings and distances in feet and hundredths thereof. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000.
(7) Names of existing and proposed streets or other rights-of-way.
(8) Location and purpose of easements.
(9) Number to identify each lot, site or block. All lots and blocks shall be numbered progressively.
(10) Dedication of streets, reserved areas, or other applicable areas within the boundaries of the plat.
(11) Excepted parcels or lots which shall be marked “Not included in plat” and the boundaries of which shall be completely described by courses and distances.
(12) Minimum building setback lines on all lots and other sites displayed graphically with dimensions from street lines.
(13) Accurate location and description of all monuments.
(14) Previous lots or blocks and their numbers indicated by relatively thinner lines (in the case of a replat).
(15) A copy of any restrictive covenants in form for recording shall be presented with the final plat to the Commission.
(16) Flood hazard information of the area.
(17) Finish grades and elevations of the subdivision.
(g) Certification of Approval. The following certifications shall be placed on the final plat and are mandatory for the final approval and recording of the plat:
(1) Certification by a registered surveyor to the effect that the plat represents an accurate survey and that all monuments shown thereon actually exist and that their location is shown correctly.
(2) Notarized certification of ownership of the land being platted and acknowledgment and adoption of the plat and dedication of streets and open spaces.
(3) Certification of approval by the Village of Milan where new street construction is involved.
(4) Certification of approval by the County Board of Health where sewer and/or water is not available.
(5) Certification of approval by the Erie Regional Planning Commission.
(6) Certification of approval by the Village of Milan Planning Commission indicating that a zoning change, if involved, has been granted and is in effect.
(7) Certification of approval by the Auditor of Erie County stating that all taxes and assessments on the land in the subdivision have been paid and the Auditor’s certificate of transfer.
(8) Certificate of County Recorder.
(9) Certification by the Village Administrator, the Village Engineer, County Board of Health, and the Village Council, where the construction of streets and other improvements are required, that the subdivider has complied with one of the following alternatives:
A. All improvements have been installed in accordance with the requirements of these regulations and in accordance with any other recommendations of the County Engineer, the County Board of Health, the Sanitary Engineer and the Village Planning Commission.
B. A bond or certified check has been posted with the proper agency in sufficient amount to insure completion of all required improvements.
(10) A statement shall be placed on the plat and all deeds requiring the future connection to central water and/or sewage facilities when either or both become available as determined by the County Board of Health.
(11) Such other certificates, affidavits, endorsements, or dedications as may be required by the Commission in the administration of the regulations.
The following checklist will assist the subdivider in meeting the final plat information requirements:
(h) Checklist.
FINAL PLAT CHECKLIST DOES DOES NOT 1. General a. Submitted within 12 months of approval or conditional approval or preliminary plat or granted extension. _____ _____ b. Improvements completed or assurance given as required. _____ _____ c. Application form properly completed. _____ _____ d. Plat prepared in waterproof ink on tracing cloth or other material of equal permanence at a scale of not less than 1”=100’. _____ _____ e. Sheets are 22” x 32” or less with ½” border and 1 ½” binding. _____ _____ f. Improvement plans meeting requirements of responsible official. _____ _____ 2. Plat Detail a. Name of subdivision _____ _____ b. Locational description. _____ _____ c. Owner, surveyor, engineer; names and addresses. _____ _____ d. Date and scale of plan. _____ _____ e. North point. _____ _____ f. Adequate survey data. _____ _____ g. Names of adjoining owners or subdivisions. _____ _____ h. All plat, lot lines with bearings to half minutes and courses to 1/100 feet. _____ _____ i. 1 to 10,000 closure. _____ _____ j. Name of streets and right-of-way _____ _____ k. Location and purpose of easements. _____ _____ l. Lot and block numbers or letters. _____ _____ m. Dedication of lots and purpose. _____ _____ n. Excepted parcel so marked, “Not included in this plat.” _____ _____ o. Building setback lines shown and properly located. _____ _____ p. Location and description of monuments. _____ _____ q. Previous lot lines in case of replat. _____ _____ r. Flood hazard elevation of the area to be subdivided. _____ _____ s. Present zoning classification. _____ _____ t. Soil information _____ _____ 3. Certifications a. Certificate of surveyor and engineer. _____ _____ b. Certificate of ownership and dedication. _____ _____ c. Certificate that all taxes have been paid. _____ _____ d. Approval of Board of Health where sewer and water is not available. _____ _____ e. Certificate of approval of the Village Planning Commission. _____ _____ f. Certificate of the Village Council’s acceptance of streets and other public ways. _____ _____ g. Auditor’s certificate of transfer. _____ _____ h. Certificate of County Recorder. _____ _____ i. Protective covenants, if any. _____ _____ |
(i) Review and Approval of Final Plat.
(1) The Commission, at its regular meeting, shall approve, conditionally approve, or disapprove, the final plat within forty-five (45) days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of said record shall be forwarded to the subdivider. If conditionally approved, the subdivider shall make the necessary corrections and resubmit the final plat for final approval to the Director within ninety (90) days. If approved, the subdivider will be notified in writing and must obtain the signature of the Director of the Commission within sixty (60) days. Therefore, in all cases, the subdivider shall be informed in writing of the action of the Commission.
(2) If a plat is disapproved by the Commission, the subdivider of said plat may file a petition within thirty (30) days after such disapproval in the Court of Common Pleas of Erie County to reconsider the action of the Commission.
(j) Transmittal of Copies. When a final plat has been approved and all conditions for approval have been satisfied, the secretary of the Village Planning Commission shall sign the certificate of approval on the original tracing and return it to the subdivider. The subdivider shall submit a copy of the approved plat at this time. It shall be the responsibility of the subdivider to gain all necessary certifications before filing the plat with the County Recorder. After the plat is recorded, the original plat or a mylar reproduction shall be filed with the Village Administrator.
(k) Replats, Subdivision Vacations, Plats of Streets, Open Spaces, and Easements
for Public Utilities.
(1) A subdivider proposing the resubdivision of a plat previously recorded in the office of the County Recorder, shall follow the same procedure as for a new plat, except that a preliminary map may not be required if changes in street alignment or like changes are not included in the proposal.
(2) Proposals of subdivision abandonment; plats of street openings; widenings, and extensions; open spaces for common use by owners, occupants, or leaseholders; and easements for the extension and maintenance of public sewer, storm water drainage, or other public utility shall have the same plat requirements as stated above. Provision for the subdivision of land for use by utility companies shall be considered on the basis of the special conditions in each case. Primary consideration of any proposed use shall be that it is not detrimental to the area in which the property is located.
(Ord. 871-6-91. Passed 6-25-91.)