A. 
Prior to making formal application, the subdivider is urged 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 Article VI, § 275-39.
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 should also discuss his proposed development with the Erie County Planning Department and, when septic tanks are contemplated, the subdivider shall confer with the Erie County Department of Health, or its authorized local representative.
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 does not have to have conditional approval of a preliminary plan. A subdivision shall be considered a minor subdivision if:
(1) 
No new streets are involved; and
(2) 
The extension of sewers, water lines or storm drains is not involved and it is not necessary to provide any drainage easements; and
(3) 
The number of lots involved does not exceed five.
A. 
On reaching conclusions informally, as recommended in § 275-12, 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 Article VI, § 275-40.
B. 
Four copies of the preliminary plan and supplementary material specified shall be submitted to the Planning Commission with written application for conditional approval at least 10 days prior to the meeting at which it is to be considered.
C. 
Following a) review of the preliminary plan and other material submitted for conformity thereof to this chapter, and b) negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Commission shall submit a report of its recommendations to the governing body within 20 days.
D. 
The governing body shall take action within 45 days after the subdivision application is filed. The governing body may grant conditional approval subject to such conditions as it may require to carry out this chapter. If conditional approval is refused, the governing body shall state its reasons to the subdivider. The decision of the governing body shall be in writing and shall be communicated to the applicant personally or mailed at his last-known address no later than five days following the decision.
E. 
Before acting on the preliminary plan, the governing body shall arrange for a public hearing thereon. Adequate public notice in accordance with Section 107 of the Pennsylvania Planning Code[1] shall be given.
[1]
Editor's Note: See 53 P.S. § 10107.
F. 
Any modification of the preliminary plan required by the governing body as prerequisite to approval shall be noted on four copies of the preliminary plan. One copy will be returned to the subdivider, one copy filed with the Planning Commission, one copy will be forwarded to the Erie County Planning Department, and the fourth will be retained by the governing body.
G. 
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. 
The final plan shall conform substantially to the preliminary plan as 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.
B. 
Application for approval of the final plan shall be submitted, in writing, to the Planning Commission at least 10 days prior to the meeting at which it is to be considered.
C. 
Four copies of the final plan and other exhibits required for approval shall be prepared as specified in Article VI, and shall be submitted to the Planning Commission within 12 months after approval of the preliminary plan by the governing body; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the governing body.
D. 
If the Planning Commission finds that this final plan accords with this chapter, it shall sign the plan and submit it to the governing body. If it disapproves, the Planning Commission should advise the governing body of its reasons within 20 days.
E. 
No plan shall receive final plan approval unless the subdivider shall have filed with the governing body a performance bond in favor of the municipality or other assurance acceptable to the governing body, or shall have completed all required improvements listed in Article V and as the governing body may require in the public interest.
F. 
The governing body may approve the final plan for recording following receipt of a report from the Planning Commission and the Erie County Planning Department and authorize a proper official to sign the plan to be returned to the subdivider. If the governing body disapproves the plan, it must do so within 90 days following the date of the next regularly scheduled meeting after the date of filing, and must state the reasons for disapproval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
If the report of the Erie County Planning Department is not received by the governing body within 30 days from the date the plan was submitted to the County Planning Department or within such further time as may be agreed upon, the governing body may proceed to final action thereon. The decision of the governing body shall be in writing and shall be communicated to the applicant personally or mailed to him at his last-known address not later than 15 days following the decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Before acting on any subdivision plan, the governing body may arrange for a public hearing thereon. Adequate public notice in accordance with Section 107 of the Pennsylvania Planning Code[1] shall be given. If a public hearing has been held upon a preliminary plat or plan, a public hearing shall not be required upon the final plat unless the final plat departs substantially from the preliminary plat or plan.
[1]
Editor's Note: See 53 P.S. § 10107.
I. 
Upon completion of the improvements in accordance with the specifications of the municipality, the subdivider shall take steps to dedicate the improvements and have the same accepted by the municipality.
A. 
The final plan must be filed with the Erie County Recorder of Deeds before proceeding with the sale of lots or construction of buildings.
B. 
In accordance with Section 513 of the Pennsylvania Municipalities Planning Code,[1] the approved final plan must be presented by the subdivider for recording to the Office of the Recorder of Deeds for Erie County within 90 days after the final approval or 90 days after the date of delivery of an approved plat signed by the governing body following completion of conditions imposed for such approval, whichever is later, or such approval shall be considered null and void. Reapproval thereafter may be granted by the governing body, provided no significant changes have been made in either the plan or the surrounding community.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 53 P.S. § 10513.
C. 
Recording the final plan after approval by the governing body shall have the effect of an irrevocable offer to dedicate all streets 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 subdivider may place (and the Planning Commission may require) a notation on the final plan to the effect that there is no offer of (or acceptance of) dedication to the public of certain designated public areas, (or in unusual circumstances) streets or alleys, in which event the title to such areas shall remain with the owner, and the municipality shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan.
A. 
No plat shall be finally approved unless the streets shown 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 drains and other improvements as may be required by this chapter, have been installed in accordance with this chapter.
B. 
In lieu of the completion of any improvements required as a condition for the final approval of a plat, this chapter provides for the deposit with the municipality of financial security in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to, roads, public and private water supply and sewage disposal systems, 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. Without limitation as to other types of financial security which the municipality 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 purposes 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 said bonding company or lending institution is authorized to conduct such business within the commonwealth. 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 such improvements. The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the governing body of bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements or, in the absence of such bona fide bids, the cost shall be established by estimate prepared by the Municipal Engineer, whose fee shall be paid by the subdivider.
D. 
If the party posting the financial security requires more than one year from this 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. In the case where development is projected over a period of years, the governing body 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.
E. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body 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 governing body, and the governing body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat.
F. 
Upon such certification, the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the governing body fails to act within said forty-five-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body 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.
G. 
Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body 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 of 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 the financial security shall not exceed 50% of the actual cost of installation of said improvements.
H. 
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 municipality, 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.
I. 
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 municipality shall not condition the issuance of building 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 final 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. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Municipal Engineer in writing, by certified or registered mail, of the completion of the aforesaid improvements. The governing body 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 governing body, 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 governing body; and said report shall be detailed and shall indicate approval or rejection of said improvements, or any portion thereof. If the improvements 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.
B. 
The governing body shall notify the developer, in writing, by certified or registered mail, of the action taken.
C. 
If the governing body 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 governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
In the event that improvements which may be required have not been substantially completed as provided in this chapter or in accord with the approved final plat, the governing body 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 governing body 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.