This chapter shall be known and may be cited as "North East
Borough Subdivision and Land Development Ordinance."
This chapter is adopted for the following purposes:
A. To assist the orderly and efficient development of North East Borough.
B. To promote the health, safety, morals and general welfare of the
residents of North East Borough.
C. To secure equitable handling of all subdivision plans by providing
uniform procedures and standards.
D. To implement the North East Borough portion of the North East Regional
Comprehensive Plan update.
No subdivision or land development or any lot, tract or parcel
of land shall be effected, no street, sanitary sewer, storm sewer,
water main or other facilities in connection therewith shall be laid
out, constructed, opened or dedicated for public use and travel, or
the common use of occupants of building abutting thereon, except in
accordance with the provisions of these regulations. No lot in a subdivision
may be sold, no permit to erect, alter or repair any building in a
subdivision may be issued unless and until a plan of such subdivision
shall have been approved and properly recorded, and until the improvements
required by the Borough Council in connection therewith shall have
either been constructed or guaranteed as herein provided.
Where, owing to special conditions, a literal enforcement of
these regulations would result in unnecessary hardship, the Borough
Council may make such reasonable exceptions thereto as will not be
contrary to the public interest, and may permit the sale of a lot,
issuance of a permit or erection of a building subject to conditions
necessary to assure adequate streets and other public improvements.
These regulations as set forth herein may be amended, altered
or revised by the Borough Council from time to time after a public
hearing is held pursuant to public notice. In case of an amendment
other than that prepared by the Planning Commission, the Borough Council
shall submit each such amendment to the Planning Commission and the
Erie County Department of Planning for recommendation at least 30
days prior to date of the public hearing.
Whenever there is a difference between the minimum standards
or dimensions specified herein and those contained in other regulations,
resolutions or ordinances of North East Borough, the highest standards
shall govern.
Plans of subdivisions shall be reviewed by the County Planning
Department. Before the approval of a plan by the Borough, the Borough
shall transmit a copy of the proposed plan to the County Planning
Department for review, comments and recommendations. Pending the receipt
and consideration of such comments and recommendations, the Borough
shall defer action thereon, but if such report is not received by
the Borough Council within 30 days from the submission of the plan
to the County Planning Department, or within such further time as
may be agreed upon by the Borough Council, the Borough Council may
proceed to final action thereon.