The provisions of this chapter shall apply to, govern and regulate all subdivisions and all land developments within Millcreek Township, including their submission, review and action upon them. Where a regulation exists in this chapter and in Chapter 145, Zoning, the Board of Supervisors, in acting upon a plan application, shall be authorized to enforce such regulations or, for good cause shown, to grant modifications or variances therefrom.
Strict compliance with the provisions of this chapter and of Chapter 116, Stormwater Management, Chapter 29, Part 4, Public and Private Improvements, and Chapter 145, Zoning, shall be required, and issuance by the Township or its designees of appropriate approvals or permits shall be required, prior to commencement, performance or conduct of any of the following in Millcreek Township:
A.
Subdivision of any lot, tract or parcel of land;
B.
Land development of any lot, tract or parcel of land;
C.
The laying out, construction, opening or dedication to public use
or travel or to the common use of occupants of buildings abutting
thereon of any street, sanitary sewer, storm sewer, water main, stormwater
management facility, grading or other facilities in connection therewith;
D.
The laying out, construction or opening of any drive, driveway or
street having its access to and upon a public street of Millcreek
Township;
E.
The sale or agreement to sell any lot in a subdivision;
F.
Erection, alteration or repair of any building upon land in any subdivision
or land development prior to final approval and recordation;
G.
The construction of any off-street parking lot or area;
H.
Sale of lots in a subdivision or land development; erection, alteration
or repair of buildings in a subdivision or land development; or access
to public streets of the Township without improvements required as
a condition thereof first being constructed or their construction
guaranteed as required in this chapter or security posted against
damage in accessing public streets.
No subdivision or land development shall be recommended for approval or approved unless such application complies fully with the provisions of this chapter, with regulations established in Chapter 145, Zoning, Chapter 116, Stormwater Management, the Millcreek Township Official Map, Chapter 29, Part 4, Public and Private Improvements, and with all other applicable regulations established under federal or state law, Township ordinance or governmental regulation.
All subdivisions and land developments shall comply fully with
all federal, state and local laws and regulations to the extent they
apply to the proposed development.
No subdivision, land development or other development of any lot, tract or parcel of land in Millcreek Township shall be effected, nor shall any street, sanitary sewer, storm sewer, stormwater management facility, water main or other facilities in connection therewith be laid out, constructed, opened, dedicated to public use or travel or transferred to private use or travel or to the common use of occupants, owners and/or buildings abutting thereon, except in strict accordance with the regulations established in this chapter, Chapter 116, Stormwater Management, Chapter 29, Part 4, Public and Private Improvements, and Chapter 145, Zoning. Regulations of this chapter and conditions imposed upon approval of plans shall be deemed to run with the land, and shall bind all present and future owners and occupants of the premises. No lot, parcel or tract of land may be sold or contracted for sale, nor shall any permit be issued except in accordance with the regulations established herein, and in Chapter 116, Stormwater Management, and Chapter 145, Zoning.
This chapter shall regulate all subdivisions and land developments,
classified as follows:
C.
Resubdivisions for recording. An application to resubdivide all or
part of a recorded subdivision for the purpose of recording, where
no change in the location of any street, street access or public improvement
is made.
D.
Subdivision of single lot not in recorded subdivision. An application
to subdivide an unplotted or unrecorded lot, tract or parcel of land
which abuts a public street of sufficient width into two or more lots,
tracts or parcels.
E.
Subdivision of lot in recorded subdivision. An application to divide
one or more lots located within one block in a recorded subdivision
into parcels of a different size than is shown on a recorded plan,
and which does not require any variance from regulations of this chapter
or any other.
Subdivision waiver, as authorized by regulations and policies
of Erie County's Department of Planning and/or Bureau of Assessment,
shall not constitute a development, and instead is authorized as a
means of obtaining or revising assignment of Erie County tax index
numbers for lots which are lots of record in a recorded subdivision.
To the extent authorized under this section and regulations of the
Department of Planning and/or Bureau of Assessment, the Township,
through the Engineer, Code Administrator and Solicitor and with no
action by the Board of Supervisors being required, may facilitate
an applicant's request for subdivision waiver subject to these
additional requirements:
A.
The applicant must submit request for subdivision waiver and assistance
by the Township on such forms as are adopted by the Township, and
must submit all supporting documents required, including the present
deed for the lot(s) as recorded, the pertinent tax assessment map,
the Millcreek Township map showing the lot(s), the recorded subdivision
plat, if applicable, and all other documents required under existing
regulations;
B.
The applicant must pay such fee or deposit for costs as is established
by resolution adopted by the Board of Supervisors, and shall be responsible
for payment of all fees and costs incurred by the Township in reviewing
and acting upon such application and for all copies provided by the
Township;
C.
Upon receipt of a complete application and all required documents,
the Engineer and the Code Administrator shall review the application,
deed(s) and maps to determine whether the lot(s) subject to the application
constitute lot(s) of record and whether a subdivision waiver would
violate or result in violation of any building lines or other development
regulations;
D.
The Engineer and Code Administrator shall review the application
to determine whether requirements for subdivision waiver as established
in County regulations are otherwise met;
F.
The Engineer shall then certify to the Solicitor the determination
of the Engineer and Code Administrator, and provide to the Solicitor
copies of the application, deed, maps and all other supporting or
relevant documents;
G.
If all requirements for authorization of subdivision waiver are met,
the Solicitor shall communicate the Township's request for allowance
of subdivision waiver on behalf of the applicant;
H.
If all requirements are not met, the Solicitor shall notify the applicant
that the Township cannot endorse the request and the reasons therefor;
and
I.
The Engineer shall retain copies of documents confirming all approvals.
