Article 1359 PLAN PROCESSING REQUIREMENTS

Article 1359
PLAN PROCESSING REQUIREMENTS

Sections:

1359.03 Where legislative body refuses approval.

1359.05 Recorded final plat becomes part of official map.

1359.01 Procedure – Preliminary plat.

(A) When Preliminary Plat is Required. A preliminary plat shall be required for any land proposed to be subdivided as shall be termed a subdivision as defined in MMC 1353.14.

(B) Submission. The preliminary plat, together with the necessary completed written application form and an application fee of $15.00, shall be filed with the city clerk at least 30 days before the meeting of the planning commission at which it is to be considered. If no meeting is held by the planning commission within 30 days from the date of application, the subdivider may apply directly to the legislative body of the municipality in which the subdivision is located for approval of his plat.

(C) Action by City Engineer. The city clerk, upon receipt of the preliminary plat, shall transmit it to the city engineer who shall determine that the proposed preliminary plat meets with the requirements of MMC 1357.01, and if he so finds, he shall sign the certification as to form and content as provided for his signature on the plat. This certification shall not bind the other municipal officials as to approval of the plat. The city engineer shall then submit the plat to the planning commission at its next meeting. If any township, regional or county planning commission shall be interpreted to have jurisdiction on subdivision review, the city engineer shall transmit two copies of the preliminary plat to the appropriate commission for review and recommendation and return of one copy with their approval or disapproval and any conditions determined attached thereto.

(D) Action by Planning Commission. Any township, regional or county planning commission which has jurisdiction on subdivision review shall transmit its report to the planning commission within 30 days from the date of submission of the preliminary plat to it, or in the case of a township planning commission, the subdivider shall submit the preliminary plat to the township planning commission after action by the city planning commission. Within 60 days from the date of the first planning commission meeting at which the preliminary plat was considered and pending report, if any, of any township, regional or county planning commission, the planning commission shall act thereon as submitted or modified, and if approved, the planning commission shall express its approval by resolution as conditional approval and state the conditions of such approval, if any, or if disapproved shall express its disapproval by resolution and its reasons therefor. The action of the planning commission shall be noted on the one drawing on tracing cloth, and the remaining black and white copies of the preliminary plat, referenced and attached to any conditions determined. The approved drawing on tracing cloth shall be returned to the subdivider.

(E) Expiration of Approval. Conditional approval of any preliminary plat by the planning commission shall be effective for one year only, after the expiration of which such approval shall be considered canceled and rescinded, unless extended in writing by the planning commission.

(F) Conditional Approval Revocable. Conditional approval of the preliminary plat is revocable and shall not constitute acceptance of the plat of the proposed subdivision. It is to be considered only as approval of the design, with the understanding that the legislative body of the municipality in which the subdivision is located and/or the municipal engineer may examine the grades of streets, the types of improvements, the layout of drainage and sewerage system and the water distribution system as proposed, and may modify any engineering or construction details submitted by the subdivider, whenever required for the protection of the public interest. (Ord. 2624, 1965)

1359.02 Procedure – Final plat.

(A) When Final Plat is Required. Within one year of conditional approval of a preliminary plat by the planning commission, a final plat shall be submitted to the planning commission.

(B) Submission. The final plat, together with the necessary completed written application form and a fee of $10.00, shall be filed with the city clerk at least 30 days before the meeting of the planning commission at which it is to be considered.

(C) Action by City Engineer. The city clerk shall transmit the final plat to the city engineer, who before accepting the final plat shall do the following:

(1) Determine if the conditions of approval by the planning commission for the preliminary plat have been complied with.

(2) Determine that the proposed final plat meets with the requirements of MMC 1357.02, and if he so finds, he shall sign the certificate as to form and content as provided for his signature on the plat.

(3) If the subdivision is located within the city limits, determine the status of required improvements, and if he approves those installed, he shall sign the certificate as to status of required improvements.

(D) Action by the Planning Commission. Following a review of the final plat and within 30 days of the acceptance by the city engineer of the plat, the planning commission shall express its approval by resolution or its disapproval by resolution and its reasons therefor. Upon approval, the planning commission shall recommend the final plat for approval by the legislative body of the municipality in which the subdivision is located. The action of the planning commission shall be noted on the two (three, if the subdivision is located outside the city limits) drawings on tracing cloth of the final plat.

(E) Submission to the Legislative Body. The approved final plat shall forthwith be submitted to the city clerk or Township Secretary of the municipality in which the subdivision is located for submission to the next meeting of the legislative body.

(F) Action by the Legislative Body. The city council, before acting on any final plat within the city limits, may arrange for a public hearing thereon after giving such notice as the legislative body may deem desirable in each case. The city council, for a subdivision within the city limits, shall take action by the second regular meeting after receipt by the city clerk of the final plat or after any public hearing held on the final plat. The action of the city council shall be by resolution, which resolution shall include approval of the final plat for recording and acceptance of the proper completion guarantee, if any is required. Upon approval, the action of council shall be noted on the two drawings on tracing cloth of the final plat and referenced, one copy of which shall be returned to the subdivider. If the city council disapproves the final plat, they shall indicate such disapproval by resolution stating their reasons therefor. For a subdivision located outside the city limits, the action by the legislative body shall be as set forth in the municipal code governing the particular subdivision. The action of the legislative body shall be noted on the three drawings on tracing cloth of the final plat and referenced, one copy of which shall be returned to the subdivider and one copy to the city clerk. (Ord. 2624, 1965)

1359.03 Where legislative body refuses approval.

In any case where the legislative body disapproves a final plat, any person aggrieved thereby may, within 30 days thereafter, appeal therefrom by petition to the Court of Quarter Sessions of the County of Crawford, Pennsylvania, which court shall hear the matter de novo and after hearing, enter a decree affirming, reversing or modifying the action of the legislative body as may appear just in the premises. The court shall designate the manner in which notices of the hearing of any such appeal shall be given to all parties interested. The decision of the court shall be final. (Ord. 2624, 1965)

1359.04 Recording of final plat.

The action of council for any subdivision located within the city limits or of the court on appeal in approving any final plat and an approved duplicate copy of any such final plat shall, within 30 days, be recorded in the office of the recorder of deeds of Crawford County, Pennsylvania. Within 10 days after the recording of the final plat, the owner shall notify the city clerk for a subdivision located within the city limits, in writing, that the final plat was duly recorded. The notification for a subdivision located outside the city limits shall be as set forth in the municipal code governing the particular political subdivision and/or as determined by the legislative body of the particular political subdivision. (Ord. 2624, 1965)

1359.05 Recorded final plat becomes part of official map.

After a final plat has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the official map of the municipality. (Ord. 2624, 1965)