A.
Whenever any subdivision and/or land development is
proposed and before any permit for the erection of a structure shall
be granted, the landowner or developer shall apply for and obtain
approval of such proposed subdivision and/or land development in accordance
with the procedures set forth herein for a preliminary plan and a
final plan.
B.
Whenever conditional use approval, a variance or a special exception is required by Chapter 210, Zoning, for any use proposed or inherent in any proposed subdivision and/or land development, all applications therefor shall be filed and all plans, documents and other submissions required to accompany the same shall be filed with and granted by the Board of Supervisors or the Zoning Hearing Board, whichever is applicable, prior to filing for review of a preliminary plan for subdivision and/or land development.
C.
Whenever the landowner or developer chooses to do
so, a sketch plan may be submitted in accordance with the procedures
for same set forth herein.
D.
The applicant or his agent shall submit the required
number of prints and accompanying information for each subdivision
and/or land development plan to the Township Manager eight calendar
days prior to the Board of Supervisors meeting at which the plan may
be reviewed.
E.
Plans shall be accepted for review only when the application
contains all plan requirements, a fully completed application form,
a completed checklist (refer to the Appendixes) and payment of fees
in accordance with the fee schedule adopted by resolution by the Board
of Supervisors. The submission shall be reviewed to determine whether
the submission is complete. If the submission is incomplete, the submission
shall be returned to the applicant.
F.
Plans shall be referred to the Planning Commission
for advisory review prior to review by the Board of Supervisors. Approval
or disapproval by the Board of Supervisors shall be in accordance
with the procedures specified in this chapter and in the Pennsylvania
Municipalities Planning Code.[1] The Board of Supervisors shall act on plans and notify the parties involved of its action within the time and in the manner as established by this chapter and the Pennsylvania Municipalities Planning Code. Each new or revised preliminary or final plan which involves substantive change requiring an additional review shall be considered a new submission, and the requirements as to time of review and accompanying data required for each new or revised plan shall be as set forth in § 160-12K.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
G.
Whenever an application for a major subdivision and/or
land development is proposed which may affect adjacent municipalities,
reviews and reports from such municipalities may be solicited by the
Township.
H.
Two phases are included in the procedure for approval
of subdivision and/or land development plans: preliminary and final.
These phases are required to enable the Concord Township Planning
Commission and the Board of Supervisors to have an adequate opportunity
to review the submission and to ensure that all recommendations are
reflected in the final plan and that all ordinance requirements are
addressed.
I.
Plan procedures.
(1)
The flow charts in the Appendixes show the procedure
and time that must be followed during the sketch, preliminary and
final plan approvals. The table below indicates the required plans
for the different types of plan submissions.
|
Plan Approval Phase
| |||
|---|---|---|---|
|
Type of Submission
|
Preliminary
|
Final
| |
|
Major Subdivision and/or
|
Required
|
Required
| |
|
Land Development
|
Required
|
Required
| |
|
Minor Subdivision
|
Optional
|
Required
| |
J.
All plan submissions must be accompanied by the following:
|
Plan Approval Phase
| |||
|---|---|---|---|
|
Required Plans, Reports and Papers
|
Preliminary
|
Final
| |
|
Title plan
|
Optional
|
Required
| |
|
Conservation plan
|
Required
|
Required
| |
|
Improvements construction plan and profile(s)
plan
|
Optional
|
Required
| |
|
Construction detail plan
|
Required
|
Required
| |
|
Stormwater management report
|
Required(feasibility demonstrated)
|
Required (complete report)
| |
A.
Minor subdivision and/or land development.
(1)
All minor subdivisions and/or land developments shall
be in conformance with this article.
(2)
The determination of which subdivisions and/or land
developments are minor shall be made in accordance with the following
conditions of eligibility:
(a)
A subdivision or a land development for residential
purposes only shall be determined to be minor, provided that:
[1]
The residential use is a principal permitted use and does not involve any variance, special exception or conditional use approval of any type, and no development is proposed in the Floodplain Conservation District or areas of very steep slope as set forth in § 160-49.
[2]
The total number of lots shall not exceed three
(if there is only one existing dwelling unit on a lot, this means
that only two additional lots could be created).
[3]
Such subdivision and/or land development does
not involve any new streets and does not involve any public water
lines, public sewer lines or storm sewer lines.
(b)
The subdivision of a tract into not more than
three lots for agricultural use shall be determined to be minor, provided
that such lots are 10 acres or greater.
(c)
The subdivision of a portion of a lot, the lot area of which does not meet the minimum requirements of Chapter 210, Zoning, for the purpose of conveyance to an adjoining property shall be determined to be minor. Such substandard lot area shall not be considered as a building lot.
(d)
During any five-year period, no more than three
lots may be subdivided by an applicant for a single tract through
the minor subdivision or land development process, otherwise the subdivision
shall be considered a major subdivision.
A sketch plan for any proposed subdivision and/or
land development may, at the option of the landowner or developer,
be submitted to the Township for review. The submission of a sketch
plan does not constitute submission of an application for approval
of a subdivision and/or land development plan. However, it does represent
a basis for an informal discussion between the Township and the landowner
or developer, which may prove to be valuable to the prospective applicant
in formulating plans, documents and other submissions for preliminary
plan approval. In the event that the landowner or developer submits
a sketch plan, the following shall apply:
A.
The applicant shall submit the required fees, a sketch
plan checklist, and 16 copies of the sketch plan to the Township Manager
at least 14 days prior to the Planning Commission meeting at which
the plan may be reviewed. The Township Manager shall forward the required
number of the properly submitted sketch plans and required application
form and checklist to the agencies as designated below:
(1)
One copy shall be retained by the Township Manager
for Township files.
(2)
One copy shall be forwarded to the Township Road Foreman
for review and comment.
(3)
One copy shall be forwarded to the Township Engineer
for review and comment.
(4)
Five copies shall be forwarded to the Board of Supervisors.
(5)
Three copies of the plan(s), documents and other submissions
and one copy of the application form shall be used for informal review
purposes by the Planning Commission.
(6)
One copy shall be forwarded to the Township Fire Marshal.
(7)
One copy of the plan(s), documents and other submissions
shall be forwarded to the Township Code Enforcement Officers and one
copy to the Building Inspector for review and comment.
(8)
Two copies shall be available for referral to other
planning agencies or consultants.
B.
In addition to furnishing copies of the sketch plan,
the landowner or developer shall identify the name, address and telephone
number of the holder of legal title to the land involved, the nature
of the landowner's interest in the land (whether holder of legal or
equitable title or otherwise), and the name, address and telephone
number of the agent, if any. Such information shall be provided in
writing.
C.
The Township may submit the necessary copies of the
sketch plan to the Delaware County Planning Department, which may
provide an advisory recommendation to the Township Planning Commission.
D.
The Planning Commission shall review the sketch plan,
and the Project Manager shall indicate any and all review comments
pertaining to the plan to the landowner or developer by written correspondence
per the standards of the Township Planning Commission.
E.
The Planning Commission's review shall take into consideration the requirements of this chapter, Chapter 210, Zoning, and the Comprehensive Plan[1] and shall pay particular attention to the following: the
arrangement, location and width of streets and their relation to the
topography of the site; the arrangement, size and location of lots
and proposed structures, if any; drainage; sewage disposal and water
supply; the relation of the subdivision and/or land development to
the natural features of the site; the potential further development
of adjoining lands which may not yet be subdivided; the compatibility
of the sketch plan with the Comprehensive Plan;[2] and the requirements set forth in Article IV pertaining to the sketch plan submission.
F.
Neither the Planning Commission, the Board of Supervisors
nor the applicant shall be bound by the sketch plan.
The preliminary subdivision and/or land development plan shall be prepared in accordance with this chapter, including this article and Articles V and VII. When a preliminary plan is filed, the following shall apply:
A.
The applicant shall complete and sign the application
form provided by the Township and shall accompany such application
form with the type and number of plans, preliminary plan checklist,
documents and other submissions required and the appropriate filing
fee(s). The applicant must identify the name, address and telephone
number of the record holder of legal title to the land involved (if
different from the applicant), the nature of the applicant's interest
in the land (whether holder of legal or equitable title or otherwise)
and the name, address and telephone number of the agent, if any. No
application shall be deemed filed unless all requirements have been
met and all fees therefor paid in full.
B.
Thirteen black-line or blue-line prints of the plans
forming the preliminary plan and 12 neatly bound, clear and legible
copies of all required documents and other submissions shall be submitted
to the Township Manager to be distributed along with copies of the
application form as follows:
[Amended 1-5-1998 by Ord. No. 221]
(1)
One copy of the application form and one copy of the
plan(s) and profiles shall be retained by the Township Manager for
the Township files.
(2)
One copy of the plan shall be forwarded to the Township
Road Foreman for review and comment.
(3)
One copy of the application form and one copy of the
plan(s), documents and other submissions shall be forwarded to the
Township Engineer for review and comment.
(4)
Five copies of the plan(s), documents and other submissions
shall be forwarded to the Board of Supervisors.
(5)
Three copies of the plan(s) and one copy of documents
and other submissions and one copy of the application form shall be
used for review purposes by the Planning Commission.
(6)
One copy of the plan shall be forwarded to the Township
Fire Marshal.
(7)
One copy of the plan(s), documents and other submissions
and one copy of the application form shall be forwarded to the Delaware
County Planning Department for review and comment.
(8)
One copy of the plan(s), documents and other submissions
shall be forwarded to the Township Code Enforcement Officers and one
copy to the Building Inspector for review and comment.
(9)
Two copies of the plan and one copy of documents and
submissions shall be available for referral to other planning agencies
or consultants.
C.
Where any one or combination of the following items
are involved, additional sets of plans shall be required and submitted
for the Township Engineer and to the Township:
D.
The preliminary plan and application for subdivision
and/or land development shall be submitted at least eight days prior
to the regular monthly public meeting of the Board of Supervisors.
If deemed a complete application, the preliminary plan shall be formally
accepted by the Board of Supervisors, and the ninety-day review period
shall commence at the next regularly scheduled Planning Commission
meeting following the Board of Supervisors meeting where formal acceptance
was granted.
E.
The Township Engineer shall submit review comments
on said plan by letter or memorandum to the Planning Commission with
copies to the Township Manager and the Board of Supervisors.
F.
The applicant shall notify the abutting owners that
a preliminary plan proposed for the subject tract has been filed.
Such notification shall occur at least 10 days prior to the meeting
at which time the preliminary plan is to be presented to and discussed
by the Planning Commission. Evidence of such notification in the form
of a certified mail receipt shall be presented to the Planning Commission
at said meeting.
G.
The Township shall request the County Planning Department
to review the preliminary plan and submit an advisory recommendation
report to the Township Planning Commission.
H.
The Township Planning Commission may perform the following:
(1)
Review all applicable reports from the County Planning
Department, Township Engineer, Township Planning Consultant, appropriate
Water and/or Sewer Authority, Pennsylvania Department of Transportation,
Soil Conservation District and other reviewing agencies;
(2)
Discuss the submission with the applicant; and
(3)
Recommend revisions so that the plan will conform
to Township ordinances;
I.
The Township Planning Commission shall perform the
following:
(2)
Recommend approval, approval with conditions or disapproval
of the preliminary plan and communicate such by letter to the Board
of Supervisors and the applicant. In the case of a recommended disapproval,
the Planning Commission shall indicate the specific deficiencies and
the ordinance provisions which have not been met.
J.
The Township Planning Commission may not be prepared
to review the application at its scheduled public meeting first following
the date of filing, in which case the discussion of the application
may be scheduled for a subsequent meeting.
K.
During the course of the Planning Commission's review of the preliminary plan and prior to any action by the Board of Supervisors within the required ninety-day period, the preliminary plan may be revised by the applicant as requested by the Township. The submittal of a revised plan not precipitated by Township comment which involves substantive change requiring an additional review shall restart the required ninety-day period. Sixteen copies of any revised preliminary plan and accompanying data shall be submitted which shall note the dates of any and all revisions and a summary of the nature thereof. The revised preliminary plan shall be submitted to the Township Manager at least eight days prior to the regular monthly public meeting of the Board of Supervisors. The revised preliminary plan shall be distributed by the Township Manager on the basis as set forth in § 160-12B.
L.
After a report on the preliminary plan has been submitted
to the Board of Supervisors by the Planning Commission, the Board
shall place such preliminary plan on its agenda for review and action.
M.
Before acting on any preliminary plan, the Board of
Supervisors or the Planning Commission may hold a public hearing thereon
after public notice.
N.
The Board of Supervisors shall, within the review
period:
(1)
Review the recommendation of the Township Planning
Commission and other reviewing agencies;
(2)
Determine whether the preliminary plan meets the objectives
and requirements of this chapter, other ordinances of Concord Township
and other applicable regulations.
(3)
Approve or disapprove the preliminary plan.
(4)
The Board may make its decision to grant approval
of a preliminary plan subject to conditions, changes or additions.
(5)
Whenever the Board of Supervisors approves a preliminary
plan subject to conditions, the applicant shall indicate, in writing,
whether such conditions are accepted or rejected within 15 days of
notification of the decision by the Board. Any approval by the Board
of Supervisors subject to conditions which is not accepted or rejected
by the applicant within the fifteen-day period shall be rescinded
automatically.
(6)
In the case where the Planning Commission has concluded
that the preliminary plan meets all requirements of a final plan,
then upon the recommendation of the Planning Commission the Board
of Supervisors may consider the preliminary plan as a final plan and
may act thereupon accordingly.
O.
Approval of the preliminary plan shall constitute
approval of the subdivision and/or land development as to the character
and intensity but shall not constitute approval of the detail required
of the final plan nor authorize the sale of lots or construction of
buildings.
P.
If the preliminary plan is disapproved, the applicant,
if he desires to proceed, shall file a revised preliminary plan following
the same submission and review procedures required for the previous
preliminary plan submission.
Q.
The Board of Supervisors shall render a decision on
every preliminary plan and communicate it to the applicant not later
than 90 days following the date of the regular monthly public meeting
of the Planning Commission next following the date of the meeting
of the Board of Supervisors where formal acceptance of the complete
application was granted, provided that should the Planning Commission
meeting occur more than 30 days following the filing of such application,
said ninety-day period shall be measured from the 30th day following
the day the complete application has been filed.
R.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision or at the end of the
above-mentioned ninety-day period, whichever shall occur first.
S.
In the event that the preliminary plan is not approved
in terms as filed, the decision shall specify the defects found in
the preliminary plan for subdivision and/or land development and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute or ordinance relied upon.
U.
A preliminary minor subdivision and/or land development
plan, upon recommendation of the Planning Commission, may be permitted
to proceed to a final minor plan submission in accordance with the
comments of the Planning Commission and the Board of Supervisors.
The procedure for approval of final subdivision and/or land development plans shall be identical to the procedure as outlined for preliminary plans in § 160-12, except that:
A.
Within one year after the date of approval of the
preliminary plan, the applicant shall file a final plan and all supplementary
information, data and documents, together with a completed and signed
application form provided by the Township and the appropriate filing
fees, at least eight days prior to the regularly monthly public meeting
of the Board of Supervisors. No such application shall be deemed filed
unless all requirements have been met and all fees therefor paid in
full.
B.
Unless an extension of time has been granted by the
Board of Supervisors upon written request of the applicant, a final
plan filed after the one-year period shall be considered a new preliminary
plan which shall be required to comply with all preliminary plan application
procedures of this chapter and shall be subject to a preliminary plan
application fee.
C.
The Board of Supervisors may authorize submission
of the final plan in sections, each covering approximately 1/3 of
the entire area proposed for subdivision and/or land development or
1/3 of the number of buildings or other structures proposed for land
development as shown on the approved preliminary plan, provided that
the first final plan section shall be submitted within the aforementioned
one-year period and the last final plan section shall be submitted
within three years after the date of preliminary plan approval.
D.
The final plan shall conform in all respects to the
preliminary plan.
E.
Thirteen copies of the plans, including the final plan checklist, documents and other submissions comprising the final plan shall be filed with the Township Manager, who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in § 160-12B, provided that the required fees and financial security associated with the completion guaranty have been filed therewith.
G.
The applicant shall submit a final plan that includes all the requirements set forth in Article VI.
I.
Highway occupancy permit.
(1)
No plan which will require access onto a road under
the jurisdiction of the Pennsylvania Department of Transportation
(PennDOT) shall be finally approved unless the plan contains a notice
that a highway occupancy permit is required and has received preliminary
approval from PennDOT pursuant to Section 420 of Act 428, P.L. 1242,
No. 428, 36 P.S. § 670-420, as amended, known as the "State
Highway Law," before access to a state road is permitted. The Department
of Transportation shall, within 60 days of the date of receipt of
an application for a highway occupancy permit:
(a)
Approve the permit, which shall be valid thereafter
unless, prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations;
(b)
Deny the permit;
(c)
Return the application for additional information
or correction to conform with Department regulations; or
(d)
Determine that no permit is required, in which
case, the Department shall notify the Township and the applicant,
in writing.
(2)
If the Department shall fail to take any action within
the sixty-day period, the permit will be deemed to be issued. The
plan shall be marked to indicate that access to the state road shall
be only as authorized by a highway occupancy permit. The Department
shall not be liable in damages for any injury to persons or property
arising out of the issuance or denial of a permit or for failure to
regulate any access. Furthermore, the Township shall not be held liable
for damages to persons or property arising out of the issuance or
denial of a permit by the Department.
J.
The Board of Supervisors shall, within the review
period:
(1)
Review the recommendations of the Township Planning
Commission and other reviewing agencies.
(2)
Determine whether the final plan meets the requirements
of this chapter, other ordinances of the Township and other applicable
regulations.
(3)
Review the recommendations of the Department of Environmental
Protection (DEP), if any, and determine whether the plan is in conformance
with the Township's Official Sewage Facilities Plan.
(4)
Approve or disapprove the final plan. Approval of
the final plan may include certain conditions of approval. Whenever
the final plan is approved subject to conditions, the applicant shall
indicate, in writing, whether such conditions are accepted or rejected
within 15 days of notification of the decision by the Board. Any approval
by the Board of Supervisors subject to conditions which is not accepted
or rejected by the applicant within the fifteen-day period shall be
rescinded automatically.
K.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision or at the end of the
above mentioned ninety-day period, whichever shall occur first.
L.
In the event that the final plan is not approved in
terms as filed, the decision shall specify the defects found in the
final plan and describe the requirements which have not been met and
shall, in each case, cite to the provisions of the statute or ordinance
relied upon.
M.
The applicant, if he desires to proceed, shall file
a revised final plan with the Township Manager, following the same
submission and review procedures required for the initial final plan
submission.
N.
If the final plan is approved:
O.
Approval of the final plan shall not authorize the sale or transfer of lots or the development of land until construction is permitted to commence in accordance with § 160-16. Nor shall such approval constitute a waiver or release or assumption by the Township of any requirements of any Township ordinances, codes, regulations, plans or maps.
P.
Every final plan approval shall be subject to the
following conditions:
(1)
The applicant shall execute a subdivision and land development agreement, in accordance with § 160-14, unless exempted as a minor plan submission.
(2)
The applicant shall execute a completion guaranty, in accordance with Article X, where deemed applicable by the Board of Supervisors.
(3)
The applicant shall tender a deed of dedication to
the Township, if requested by the Board of Supervisors, for public
improvements, easements and other appurtenances and improvements thereto
after such improvements are completed and such completion is certified
as being satisfactory by the Township Engineer.
(4)
The filing with the Township of copies of all required
permits, approvals, agreements, clearances and the like from all required
governmental agencies (such as the Pennsylvania Department of Transportation,
the Pennsylvania Department of Environmental Protection and/or the
Township); authorities and companies which may provide water supply
or sewage disposal facilities; and pipeline easement holders or others.
Every applicant who seeks to obtain final plan approval, unless exempted as a minor plan, shall execute an agreement satisfactory to the Township (see the Appendixes) before the final plan is signed by the Board of Supervisors and recorded in accordance with § 160-15, respectively. The agreement shall include but need not be limited to the following:
A.
That the applicant agrees that he will accurately lay out and properly construct all improvements and follow all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved or where any or all of these improvements or practices are required as conditions of approval and that the applicant will file an as-built plan in accordance with § 160-17 to confirm the same.
C.
That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the Township as set forth in Article X.
D.
That the applicant agrees to tender a deed of dedication
to the Township if requested by the Board of Supervisors for public
improvements, easements and other appurtenances and improvements thereto,
except that the Township shall not accept any offer of dedication
of the same by ordinance or resolution until their completion is certified
as being satisfactory by the Township Engineer and an as-built plan
is submitted and approved by the Township.
E.
That the applicant shall pay the Township all of its
costs in connection with snow removal from the streets in the subdivision
or land development that are to be offered for dedication until such
time as such dedication is duly accepted by the Board of Supervisors.
F.
That the applicant shall comply fully with all of
the terms and conditions of this chapter as the same relate to the
subdivision or land development and all other Township ordinances,
codes, regulations, plans and maps.
G.
That the applicant shall pay to the Township plan review fees. Additionally, the applicant shall establish a three-party agreement and account for the creation, maintenance and/or inspection of improvements, Sewer Authority security and the park and recreation facilities required by this chapter. In lieu of the park and recreation facilities, the applicant shall pay to the Township an amount calculated in accordance with § 160-52 of this chapter.
[Amended 1-5-1998 by Ord. No. 221]
H.
That the applicant shall obtain all necessary permits,
as applicable, including a land disturbance permit, a building permit
and those from the DEP, PennDOT and the Zoning Hearing Board.
I.
That the applicant, in the event that any proposed
street is not intended to be offered for dedication or is not accepted
by the Board of Supervisors, accept stipulations which shall be noted
on the final plan, such as the following:
(1)
That the Township shall not be responsible for repairing
or otherwise maintaining any undedicated streets.
(2)
That the method of assessing repair and maintenance
costs of undedicated streets shall be established in recorded deed
restrictions so as to be binding on all successors, assigns or grantees.
(3)
That if dedication be sought at any time, the street
shall conform in its entirety to Township design standards for the
same in all respects or that the owners of the lots shown on the approved
final plan, at their own expense, restore the street to conform with
or otherwise render the street in conformance with such standards.
J.
The subdivision and land development agreement shall
be structured by the Township Solicitor to include provisions relating
to the above, as well as other matters pertaining to certificates
of insurance, water and sewer availability, emergency access, a three-party
escrow agreement and the like.
A.
Within 90 days after the approval of the final plan by the Board of Supervisors and after the applicant executes the subdivision and land development agreement and the completion and maintenance guaranties, as set forth in Article X, the applicant shall thereupon cause one copy of the final plan to be recorded in the Office of the Recorder of Deeds in and for the County of Delaware, Pennsylvania, and shall notify the Board of Supervisors, in writing, certified mail return receipt requested, of the date of such recording and the plan book and page in which the same has been recorded. Should the plan not be recorded within such period, the action of the Board of Supervisors in approving the final plan shall be considered automatically rescinded.
[Amended 1-5-1998 by Ord. No. 221]
B.
The final plan to be recorded shall be an exact counterpart
of the approved final plan and shall be filed with the Recorder of
Deeds before proceeding with the sale of lots or the construction
of buildings or other structures or improvements (while the Township
will accept a maximum sheet size of 30 inches by 42 inches, please
note that the Recorder of Deeds of Delaware County will not accept
prints larger than 24 inches by 36 inches for recording purposes).
(1)
Eight prints of the completed and signed record plan
shall be provided and distributed in the following manner:
|
Recipient
|
Number of Prints
| |
|---|---|---|
|
Applicant
|
1
| |
|
Recording
|
1
| |
|
Township files
|
2
| |
|
Delaware County Planning Department
|
1
| |
|
Township Engineer
|
1
| |
|
Attached to escrow agreement
|
2
|
(2)
The following information shall appear on the record plan, in addition to the information required in § 160-27 for the final plan:
(a)
The impressed seal of the surveyor who prepared
the plan.
(b)
The impressed corporation seal, if the applicant
is a corporation.
(c)
The pressed seal of a notary public or other
qualified officer acknowledging owner's statement of intent.
(d)
A statement to the effect that the applicant
is the owner of the land proposed to be subdivided and that the subdivision
shown on the final plan is made with his or their free consent and
that it is desired to record the same.
(e)
The following signatures shall be placed directly
on the plan in black ink:
[1]
The signature of the owner or owners of the
land. If the owner of the land is a corporation, the signatures of
the president and secretary of the corporation shall appear.
[2]
The signature of the notary public or other
qualified officer, acknowledging the owner's statement of intent.
[3]
The signatures of the licensed professional
engineer or surveyor who prepared the plan(s).
[4]
The signature of the Township Engineer.
[5]
The signature of the Chairman or member of the
Board of Supervisors.
[6]
The signature of the Township Manager.
[7]
The signatures of the Chairman and one member
of the Township Planning Commission.
(f)
The Delaware County Planning Department stamp
certifying that it reviewed the final plan.
(g)
The Concord Township seal certifying approval.
C.
Effect of recording.
(1)
After a subdivision or land development 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 Township.
(2)
Streets, parks and other public improvements shown
on a subdivision and/or land development plan to be recorded may be
offered for dedication to the Township by formal deed of dedication,
and intent thereof shall be noted on the plan, or the owner may note
on the plan that such improvements have not been offered for dedication
to the Township.
(3)
Every street, park or other improvement shown on a
subdivision and/or land development plan that is recorded, as provided
herein, shall be deemed to be a private street, park or improvement
until such time as the same has been offered for dedication to the
Township and accepted, by resolution, and recorded in the Office of
the Clerk of the Court of Delaware County or until it has been condemned
for use as a public street, park or improvement.
D.
Amendments to approved final plans. Proposed amendments
to approved final plans shall be acted on in the same manner as the
original approved plan.
A.
No construction shall be commenced until the Township
has issued permits, when applicable, such as a grading, soil erosion
and sedimentation control permit and/or a building permit.
B.
No construction shall be commenced until the applicant
files with the Township Manager all permits, approvals, clearances
and the like from government agencies (such as those from the Pennsylvania
Department of Transportation, the Pennsylvania Department of Environmental
Protection and/or the Township); authorities and companies which may
provide water supply or sewage disposal facilities; and pipeline easement
holders or others.
C.
The applicant shall commence construction of improvements
within one year from the approval date of the final plan, unless approved
otherwise by the Board of Supervisors.
D.
In the case where development is projected over a
number of years, each section, except for the last section, shall
contain a minimum of 25% of the total number of lots, dwelling units
or buildings as depicted in the final plan, unless a lesser percentage
is approved by the Board of Supervisors.
E.
A copy of the recorded plan shall be available at
the construction site.
B.
Said plan shall indicate that the resultant construction
grading, drainage and sedimentation and soil erosion control practices
are in conformance with the previously approved drawings and specifications.
Said plan shall note any and all deviations from the previously approved
drawings and specifications.
C.
Two copies of the as-built plan shall be filed with
the Township, which shall distribute one copy to the Board of Supervisors
and one to the Township Engineer.
D.
The as-built plan shall be submitted before the final
release of escrow funds for any major subdivision and/or land development.
