[Ord. of 6-20-1995]
The subdivider or his authorized agent shall apply formally to the Board for approval of a final plan of such subdivision as provided in this chapter and shall record an attested copy of the final plan so approved and so endorsed in the York County Registry of Deeds, before any contract for the sale of or offer to sell such subdivision or any part thereof shall be negotiated [unless an agreement has been made under Section 66-109(d)(2)], or before any permit for the erection of a structure shall be granted, or before any utility installations, ditching, grading, construction of roads, grading of land or lots shall be done on any part of the subdivision.
[Ord. of 6-20-1995; Ord. No. 2001.25, 4-17-2001]
A request for final approval of a subdivision shall be made
to the Board in writing. Additionally, such request shall be accompanied
by 10 copies of the final plan of such subdivision. The developer
shall provide at least three paper sets including all engineering
and detail sheets as well as survey sheet and plot plans and applicant
shall provide two Mylar copies of all signature sheets and one Mylar
set of all other sheets to the Planning Board at the night of the
meeting for final approval. Mylar stock shall be of heavy quality
and be acceptable to engineering for archival purposes. These sets
shall become permanent records in the offices of the City Engineer,
Building Inspector, and City Planner.
[Ord. of 6-20-1995]
(a)
The final plan, required by this division, shall not be presented
to the Board until the subdivider has received from the Board, written
notice from the Board approving a preliminary plan of such subdivision.
(b)
In the case of a minor subdivision, the applicant may request in
writing an exception or waiver to the above.
[Ord. of 6-20-1995]
Within six months following approval of a preliminary plan,
or any other set time limit the Board requires or mutually agrees
to, the subdivider or his authorized agent shall submit a final plan.
If the final plan is not presented within the specified time limit,
all plans become null and void.
[Ord. of 6-20-1995]
The final plan shall contain the following information:
(a)
All the information required for the preliminary plan and amendments
approved by the Board;
(b)
Existing and final proposed lines of streets, ways, lots, easements,
for utilities and/or drainage and public areas within the subdivision;
(c)
Sufficient data to determine the exact location, direction and length
of every street line, easement, lot line and boundary line and to
reproduce these lines upon the ground, showing linear dimensions to
the nearest 1/100 of a foot (.0254 cm) and angles drawn with a tolerance
of 15 seconds;
(d)
Location of all permanent monuments existing and or proposed, wherever,
in the opinion of the Board, such monuments are necessary to properly
determine locations on the ground;
(e)
Lot numbers and letters in accordance with the prevailing policy
on existing tax maps;
(f)
Designation of the location, size, planning and landscaping of such
parks, esplanades or other open spaces as may be proposed or prescribed;
(g)
The embossed seal of a professional land surveyor attesting that
such final plan is correct;
(h)
Deed restrictions must receive Board approval and be noted on the
final plan in the "Note Section." A copy of all proposed deed restrictions
shall be recorded with the final plan.
[Ord. of 6-20-1995]
(a)
When street trees, esplanades and open spaces are required in subdivisions
by the Board, such improvements shall be incorporated in the final
plans of such subdivisions.
(b)
An as-built plan depicting all approved and installed improvements
shall be provided to the Board prior to the Board's recommendation
to the street committee for street acceptance as a public way. Such
as-built plan shall be completed and sealed by the surveyor/engineer
for the project and show both the approved improvements and those
improvements as installed.
(c)
The as-built plans shall be accompanied by a report and plan indicated
the specific location of tie ins for water, sewer and drainage lines
indicating the location description of these tie ins to avoid confusion
when the actual tie is to be completed with the structure on site.
[Ord. of 6-20-1995]
(a)
The final plan shall be accompanied by certifications from authorized
local public officials or City department heads, Each department involved
in subdivision development or maintenance, such as Public Works, Fire
Department, School Department, shall provide a written statement of
review. While all departments shall be provided an opportunity for
comment, the Board shall determine if a specific department should
specifically comment on a given project. The City Planner shall be
responsible for coordinating these reviews.
(b)
The cost of such certification and/or inspection shall be borne by
the subdivider. Any fees or costs resulting from this certification
shall be paid by the subdivider prior to final approval by the Board.
The City Planner shall be responsible for tracking any costs.
[Ord. of 6-20-1995]
The Board shall consider a final plan at a meeting within 60
days from the date the Board accepted the written request and the
final plan set, or within such other time limit as may be mutually
agreed to, after a public hearing or submission of such plan.
[Ord. of 6-20-1995]
The Board shall issue a written notice of its decision, directed
to the applicant, within 30 days of a public hearing or within 60
days of receiving a completed application if no hearing is held or
within such other time limit as may be otherwise mutually agreed to.
An appeal may be taken from the decision of the Board to the superior
court, as provided by law.
[Ord. of 6-20-1995]
(a)
The approval of a final plan by the Board shall not be deemed an
acceptance by the public of the dedication of any street or other
public way or grounds.
(b)
Further, approval by the Board for a given subdivision, or phase
of a subdivision, shall be valid for a period of two years. If within
that time period, proposed infrastructure improvements, such as roadways,
sewer or and water lines, are not completed in such a manner as to
serve, or service, 75% of the lots approved, approval for lots not
served, or serviced, by the existing in-place improvements shall be
voided and no permits shall be issued for such lots not serviced.
(c)
Lots not served by in-place infrastructure shall be reviewed by the
Board as a new, or revised, subdivision application subject to the
zoning and design standards in place at the time of review.
(d)
Any proposed change to an approved subdivision must be reviewed by
the Board, except that under this section, the City Planner, in conjunction
with the City Engineer, may approve minor changes to specific plans.
(1)
Minor changes are defined as any change that does not alter
the approved density, decrease the size of an approved lot by more
than 5% etc. Any proposed alteration shall be within the confines
of the limits outlined in the Zoning Ordinance for setbacks and other
lot dimensions.
(2)
Any approval by the Planner and City Engineer shall be recorded
and submitted to the Board. The Board may reject the findings of the
City Planner and Engineer upon cause. Such cause shall be recorded
and conveyed to the developer in a timely manner so that he may appeal
directly to the Board at the Board's next meeting.
(e)
It is incumbent upon the subdivider to prove to the Board that the
proposed change to the approved plan is necessary. The Board may hold
a public hearing on any application for a proposed change to an approved
subdivision.
(f)
Any change to an approved subdivision, not approved by the Board
shall void the Board's previous approval. No further City permits
shall be authorized until such change has been approved and recorded
as an amendment to the approved subdivision.
[Ord. of 6-20-1995]
The approval of a final plan shall be attested on said plan
by the signatures of legal majority of the members of the Board, being
no less than three members.
[Ord. of 6-20-1995]
(a)
Following approval of a final plan, the original of such plan bearing
the Board members signatures evidencing approval, shall be returned
to the subdivider who shall, at his expense, record it in York County
Registry of Deeds within 30 days of the Board signing the final plan.
Alteration of the plan prior to recordation, or failure to record
it within that period shall automatically void the approval.
(b)
The subdivider shall, within seven days after recording the final
plan, furnish the Board, through the City Planner's office, a
certified copy of such recorded plan from the registry of deeds bearing
the recordation data. The City Planner shall then date stamp the receipt
and promptly furnish copies of said plan to the Building Inspector,
Plumbing Inspector and Tax Assessor for their files.
(c)
No building permits for any lot in the subdivision shall be issued
by the Building Inspector until the Planner certifies that the plan
approved by the Board has been recorded at the York County Registry
of Deeds.
(d)
If the recording receipt is not received by the Planning Department within 30 days of approval, the City Planner shall notify the subdivider in writing that the subdivision approval is voided in accordance with Subsection (a) above. Such notification shall be mailed to the subdivider by certified registered mail.
