The Board of Supervisors shall regulate all subdivisions and
land development within the Township of Millcreek. All powers granted
to the governing body or the planning agency shall be exercised in
accordance with the provisions of this chapter. All subdivision and
land development plats of land within the Township of Millcreek shall
be submitted to the Planning Commission for review and recommendation
of approval, conditional approval or denial to the Board of Supervisors.
Recommendations of the Planning Commission shall be advisory only,
the Board of Supervisors having exclusive authority to approve, approve
with conditions or deny all such applications. The Board of Supervisors
shall regulate access of streets and driveways to public streets of
the Township.
The Erie County Planning Commission, the Erie County Department
of Planning or such planning agency for the County of Erie as may
hereafter be designated shall be entitled to review all proposed amendments
to this chapter and all applications for subdivision and/or land development
for that period specified in the Municipalities Planning Code prior
to action by the Board of Supervisors being taken thereon. Recommendations
of the county agency shall not be binding upon the Board.[1]
[1]
Editor's Note: Original Section 5.03, Planning Commission,
which immediately followed this section, was repealed 7-24-2012 by
Ord. No. 2012-10.
A.
All development applications and plats of land within the Township
shall be submitted to the Planning Commission, which shall review
the same and submit to the Board of Supervisors its recommendation,
which may in appropriate circumstances include conditions upon approval
and/or modifications and must state its reasons for conditional approval
or denial.
B.
The Planning Commission is to review all applications for subdivision
and/or land development with consideration for the general purposes
of this chapter and to assure that all general and specific requirements
of this chapter and all other applicable laws and ordinances are complied
with. The Commission shall not recommend for approval any application
which does not comply in full with applicable requirements. If after
review of an application, the Commission should recognize matters
which it believes should be considered by the Board of Supervisors,
the Commission's recommendation should call such matters to the
attention of the Board.
C.
The Planning Commission shall not recommend any application for approval
with or without conditions which does not include all information,
documents and other material required for approval of such application.
D.
The Planning Commission shall, after public notice, hold hearings
upon all ordinances and/or amendments to ordinances subject to public
hearing requirements imposed by the Municipalities Planning Code[1] and shall make its recommendations thereon to the Board
of Supervisors. Public hearing on such ordinances and amendments shall
be the first item of business at the said meeting of the Planning
Commission, preceding consideration of applications for subdivision,
land development, rezoning and other matters.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
All proceedings of the Planning Commission shall be open to the public.
F.
The Planning Commission shall keep and maintain file records of its
proceedings and actions. All records and files of the Planning Commission
shall be maintained within the custody of the Board of Supervisors.
G.
The Planning Commission, at the request of the Board of Supervisors,
may submit to the Board of Supervisors recommendations relating to:
(1)
Adoption or amendment of the Comprehensive Plan for development of
the Township;
(2)
Adoption or amendment of the Official Map of the Township;
(4)
Adoption or amendment of this chapter;
(5)
Adoption or amendment of a building and/or housing code;
(6)
Adoption or amendment of ordinances relating to planned residential
development and/or other forms of land development subject to regulation
by the Township;
(7)
Adoption or amendment of subdivision, land development and planned
residential development regulations as set forth herein;
H.
The Planning Commission may, at the request of the Board of Supervisors:
(1)
Promote public interest and understanding of the Comprehensive Plan,
planning and ordinances or regulations pertaining to subdivision,
land development and zoning;
(2)
Make recommendations to governmental, civic and private agencies
and others pertaining the effectiveness of their planning proposals;
(3)
Enter upon any land, with consent of the owner, to make examinations
and surveys in the performance of its duties;
(4)
Prepare or recommend subdivision, land development, zoning and planned
residential development regulations;
(5)
Prepare and present to the Board of Supervisors an environmental
study;
(6)
Submit to the Board of Supervisors a recommended capital improvements
program;
(7)
Hold public hearings and meetings;
(8)
Present testimony before any board or agency;
(9)
Request from other departments and agencies of the Township such
available information as relates to the work of the Commission;
(10)
Review this chapter, the Zoning Ordinance, Official Map, provisions
for planned residential development and such other ordinances and
regulations governing development of land no less frequently than
it reviews the Comprehensive Plan; and
(11)
Do such other acts and make such studies and recommendations
as may be necessary to fulfill the duties and obligations imposed
by this chapter and as otherwise requested by the Board of Supervisors.
The Board of Supervisors shall employ such administrative and
technical services as it deems necessary and appropriate to aid in
carrying out the provisions of this chapter, either as regular employees
of the Township or as consultants on particular matters. The Board
of Supervisors may accept and utilize any funds, personnel or other
assistance made available by the County of Erie, the Commonwealth
of Pennsylvania or the federal government or any of their agencies
or from private sources, and shall have authority to enter into agreements
or contracts regarding acceptance or utilization of such funds or
assistance.
