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Borough of Waterford, PA
Erie County
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A. 
Prior to making formal application, the subdivider is required to appear before the Planning Commission at any regular or special meeting to discuss the general nature of his proposed development. If desired, a sketch plan may be prepared and presented for review and discussion at this time. The sketch plan should generally include those items listed in § 234-42 of this chapter.
B. 
The Planning Commission shall advise the subdivider whether the plans and data, as submitted, do or do not meet the objectives of this chapter. When the Planning Commission finds the plans and data do not meet the objectives of this chapter, it shall express its reasons therefor.
C. 
The subdivider may also submit his proposed development to the County Planning Department, and when on-lot septic systems are contemplated, the subdivider will confer with the County Health Department.
D. 
Such discussions and/or sketch plan review will be considered confidential. Submission of a sketch plan shall not constitute formal filing of a subdivision plan.
E. 
If a subdivision is deemed a minor subdivision, the subdivider shall then submit a final plan and is not required to have conditional approval of a preliminary plan. A subdivision shall be considered a minor subdivision if no new street, alley or crosswalk right-of-way is involved, and the number of new lots involved does not exceed five.
A. 
On reaching conclusions informally, as recommended in § 234-12, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plan, together with improvement plans and other supplementary material as specified in § 234-43 of this chapter.
B. 
The preliminary plan and other exhibits required for approval and at least five copies of the plan shall be submitted to the County Planning Department for its review; said Department shall retain one copy of the preliminary plan.
C. 
Upon completion of the County Planning Department's review, or after 30 days, whichever comes first, the preliminary plan and other exhibits required for approval and at least one copy of the plan shall be submitted to the Planning Commission for review and conditional approval at least 10 days prior to the meeting at which it is to be considered.
D. 
Following the review of the preliminary plan and other exhibits required for approval, and negotiations with the subdivider on any changes deemed advisable and the kind and extent of improvements to made by him, the Planning Commission shall submit the preliminary plan and supplementary material specified and at least one copy of the plan and a report of its recommendations to the Borough Council within 15 days.
E. 
The Borough Council shall take action at a regular meeting within 90 days after the receipt of the Planning Commission report. The Borough Council may grant conditional approval subject to such conditions as it may require to carry out this chapter. If conditional approval is refused, the Borough Council shall state its reasons to the subdivider. The decision of the Borough Council shall be communicated to the subdivider personally or mailed to his last known address not later than 15 days following the decision.
F. 
Before acting on the preliminary plan, the Borough Council may arrange for a public hearing thereon. Adequate public notice shall be given.
G. 
Any modification of the preliminary plan required by the Borough Council as a prerequisite to approval shall be noted on the preliminary plan and at least one copy of the plan.
H. 
The conditionally approved preliminary plan shall be returned to the subdivider and one copy of the plan shall be retained by the Borough Council.
I. 
Conditional approval of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan.
A. 
If the proposed subdivision is a major subdivision, the final plan shall conform substantially to the preliminary plan as conditionally approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plan which he proposes to record and develop at that time. The final plan shall be submitted within five years of the conditional approval of the preliminary plan by the Borough Council; otherwise such conditional approval shall become null and void.
B. 
If the proposed subdivision is a minor subdivision, the subdivider shall cause to be prepared a final plan, together with improvement plans and supplementary material as specified in Article VI, § 234-44 of this chapter.
C. 
The final plan and other exhibits required for approval and at least five copies of the plan shall be submitted to the County Planning Department for its review, which shall retain one copy of the final plan.
D. 
Upon completion of the County Planning Department's review, or after 30 days, whichever comes first, the final plan and other exhibits required for approval and at least four copies of the plan shall be submitted to the Planning Commission for review and approval, at least 10 days prior to the meeting at which it is to be considered.
E. 
If the Planning Commission finds that the final plan is in conformance with this chapter, it shall sign the plan and submit it to the Borough Council.
F. 
If the Planning Commission finds that the final plan is not in conformance with this chapter, it shall not sign the plan, and shall notify the subdivider as to the section(s) of this chapter that is not being complied with. The Planning Commission shall offer assistance and advice to the subdivider on how best to comply with the section(s). If, after negotiations with the subdivider, the subdivider wishes to seek a modification from the section(s), the Planning Commission shall submit a report of its recommendation of approval or disapproval and the reasons for such recommendation to the Borough Council within 15 days, in conformance with Section 512.1 of the Planning Code.[1] At its next regular meeting, the Borough Council shall approve or disapprove the modification after consideration of the Planning Commission report by resolution. If the modification is approved, the Planning Commission shall sign the plan at its next regular meeting and submit it to the Borough Council.
[1]
Editor's Note: See 53 P.S. § 10512.1.
G. 
The Borough Council shall take action at a regular meeting by resolution within 90 days after the receipt of the signed plan from the Planning Commission. The decision of the Borough Council shall be communicated to the subdivider personally or mailed to his last known address not later than 15 days following the decision.
H. 
Before acting on the final plan, the Borough Council may arrange for a public hearing thereon. Adequate public notice shall be given. If a public hearing has been held upon a preliminary plan, a public hearing shall not be required upon the final plan unless the final plan departs substantially from the preliminary plan.
I. 
If the Borough Council approves the final plan, it shall sign the final plan and the four copies. The approved final plan and three copies of the plan shall be returned to the subdivider for recording and one copy of the approved plan shall be retained by the Borough Council.
J. 
If the Borough Council disapproves the final plan, it shall not sign the plan, and shall notify the subdivider as to the reasons for disapproval. The disapproved final plan and three copies of the plan shall be returned to the subdivider and one copy of the disapproved plan shall be retained by the Borough Council.
K. 
No plan shall receive final plan approval by the Borough Council unless the subdivider shall have filed with the Borough Council a performance bond in favor of the Borough or other assurance acceptable to the Borough Council or shall have completed all required improvements listed in Article V, or as the Borough Council may require in the public interest.
L. 
Upon completion of the improvements in accordance with the specifications of the Borough, the subdivider shall take steps to dedicate the improvements and have the same accepted by the Borough Council.
A. 
The approved final plan shall be filed with the Erie County Recorder of Deeds before proceeding with the sale of any lots or the construction of any buildings.
B. 
In accordance with Section 513 of the Planning Code,[1] the approved final plan shall be presented by the subdivider for recording to the Office of the Recorder of Deeds for Erie County, Pennsylvania within 90 days after the final approval by the Borough Council, or such approval shall be considered null and void. Reapproval thereafter may be granted by the Borough Council provided no changes have been made to the final plan.
[1]
Editor's Note: See 53 P.S. § 10513.
C. 
Recording the final plan after approval by the Borough Council shall have the effect of an irrevocable offer to dedicate all street rights-of-way and other public ways to public use, and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided.
D. 
The Borough Council may require the subdivider to place a notation on the final plan to the effect that there is no acceptance of dedication to the public of a certain designated public area, or, in unusual circumstances, a street or alley, in which event the title to such area shall remain with the owner as a lot of record, and the Borough shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan.
A. 
In accordance with Section 509 of the Planning Code,[1] no plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements, as may be required by this chapter, have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees pursuant to this chapter, this chapter shall provide for the deposit with the Borough of financial security in an amount sufficient to cover the costs of such improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.
[1]
Editor's Note: See 53 P.S. § 10509.
B. 
When requested by the developer, in order to facilitate financing, the Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the Borough Council. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
C. 
Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, federal- or commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purpose of this section.
D. 
Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
E. 
Such bond, or other security, shall provide for and secure to the public the completion of any improvements which may be required within one year of the date fixed in the subdivision plat for completion of the improvements.
F. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Actually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.
G. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be persuaded fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.
H. 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
I. 
In the case where development is projected over a period of years, the Borough Council may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
J. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough Council to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Borough Council shall authorize release by the bonding company or lending institution of an amount as established by the Municipal Engineer fairly representing the value of the improvements completed, or, if the Borough Council fails to act within said forty-five-day period, the Borough Council shall be deemed to have approved the release of funds as requested. Borough Council may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
K. 
Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance and dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
L. 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling municipal authority and shall not be included within the financial security as otherwise required by this section.
M. 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat, as set forth in this section, the Borough shall not condition the issuance of building or other permits relating to the erection or placement of improvements, including buildings, upon the lots of land or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
A. 
In accordance with Section 510 of the Planning Code,[1] when the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall thereupon file a report, in writing, with the Borough Council and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the Borough Council. Such report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
[1]
Editor's Note: See 53 P.S. § 10510.
B. 
The Borough Council shall notify the developer, within 15 days of receipt of the Engineer's report, in writing, by certified or registered mail of the action of said Borough Council with relation thereto.
C. 
If the Borough Council or the Municipal Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.
D. 
If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
E. 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Borough Council of the Municipal Engineer.
F. 
Where herein reference is made to the Municipal Engineer, he shall be as a consultant thereto.
G. 
The Borough may prescribe that the applicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Municipal Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineering expenses. If, within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Borough shall jointly, by mutual agreement, appoint another professional engineer, licensed as such in the Commonwealth of Pennsylvania, to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately. In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Erie County Court of Common Pleas shall appoint such engineer, who, in that case, shall be neither the Municipal Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five years. The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
In accordance with Section 511 of the Planning Code,[1] in the event that any improvements which may be required have not been installed, as provided in this chapter, or in accord with the approved final plat, the Borough Council is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
[1]
Editor's Note: See 53 P.S. § 10511.