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 § 57-44 of this Part 1.
B.
The Planning Commission shall advise the subdivider
whether the plans and data, as submitted, do or do not meet the objectives
of this Part 1. When the Planning Commission finds the plans and data
do not meet the objectives of this Part 1, it shall express its reasons
therefor.
C.
The subdivider may also submit his proposed development
to the County Planning Department and, when sewage facilities of any
type are contemplated, the subdivider will confer with the County
Health Department and/or the Pennsylvania Department of Environmental
Protection (PA DEP). 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. The Erie County Subdivision
Process Guide shall also be taken into consideration. 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 three.
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, which shall retain
one copy of the preliminary plan. The Erie County Subdivision Process
Guide shall also be taken into consideration.
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 following the date of the regular meeting of
the Planning Commission. The Borough Council may grant conditional
approval subject to such conditions as it may require to carry out
this Part 1. 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 alterations of the preliminary plan required by
the Borough Council as prerequisite to approval shall be noted on
the preliminary plan and at least on 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 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
approved or 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.
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.
The County Planning Department shall have 30 days
from the date an administratively complete final plan and other exhibits
required for approval are submitted to the county, until the County
Planning Department must complete its review. The Erie County Subdivision
Process Guide shall also be taken into consideration.
E.
Upon completion of the County Planning Department's
review, 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.
F.
If the Planning Commission finds that the final plan
is in conformance with this Part 1, it shall sign the plan and submit
it to the Borough Council.
G.
If the Planning Commission finds that the final plan is not in conformance with this Part 1, it shall not sign the plan, and shall notify the subdivider as to the section(s) of this Part 1 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.
H.
The Borough Council shall take action at a regular
meeting by resolution within 90 days following the date of the regular
meeting of 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.
I.
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.
J.
If the Borough Council approves the final plan, it
shall sign the final plan and 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.
K.
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.
L.
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.
M.
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 that 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
plan 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 Part 1,
and any sidewalks, curbs, gutters, street lights, fire hydrants, shade
tree, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this Part 1, have been installed in accordance
with this Part 1. In lieu of the completion of any improvements required
as condition for the final approval of a plat, including improvements
or fees pursuant to this Part 1, this Part 1 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.
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 or 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.
[1]
Editor's Note: See 53 P.S. § 10509.
B.
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.
C.
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 that said bonding
company or lending institution is authorized to conduct such business
within the commonwealth.
D.
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.
E.
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. Annually, 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.
F.
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 presumed 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.
G.
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 re-established on or about the expiration of the preceding
one-year period by using the above bidding procedure.
H.
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 guaranties 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.
I.
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 of, 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
Engineer, 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.
J.
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 fourth in this section, the borough shall
not condition the issuance of building, grading or other permits relating
to the erection or placement of improvements, including buildings,
upon the lots 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 a 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 proceeding
or otherwise, any determination of the Borough Council or the Municipal
Engineer.
F.
Where herein reference is made to the Municipal Engineer,
he shall be as a consultant thereto.
G.
The borough shall 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 nether the Municipal Engineer nor any professional
engineer who has be 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 Part 1, 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 moneys 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.