This chapter shall be known and may be cited as the "North East
Township Subdivision and Land Development Ordinance."
This chapter is adopted for the following purposes:
A. To assist the orderly and efficient development of North East Township.
B. To promote the health, safety, morals and general welfare of the
residents of North East Township.
C. To secure equitable handling of all subdivision plans by providing
uniform procedures and standards.
D. To implement the North East Township 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, and 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 buildings abutting thereon, except
in accordance with the provisions of this chapter. No lot in a subdivision
may be sold and 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 governing body in connection therewith shall have
either been constructed or guaranteed as herein provided.
Where, owing to special conditions, a literal enforcement of
this chapter would result in unnecessary hardship, the governing body
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.
This chapter as set forth herein may be amended, altered or
revised by the governing body 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 governing body 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 Township, the highest standards
shall govern.
Should any provision of this chapter be declared invalid by
a court of competent jurisdiction, such decision shall not affect
its validity as a whole or of any other provisions thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Plans of subdivisions shall be reviewed by the County Planning
Department. Before the approval of a plan by the Township, the applicant
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 Township
shall defer action thereon, but if such report is not received by
the governing body 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 governing body, the governing body may proceed
to final action thereon.
This chapter shall become effective September 28, 1983, and
shall remain in effect until modified or rescinded by the governing
body.