A. 
Whenever any subdivision and/or land development is proposed and before any permit for the erection of a structure shall be granted, the applicant shall apply to the municipality in which the subdivision, land development or structure is proposed to be located, for approval of such application in accordance with the procedures and standards specified in this chapter (§ 195-105 and §§ 195-301 through 195-308 and elsewhere) and Article V of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. 
Where a subdivision and/or land development plan is required as part of an application for a conditional use approval, a variance, or a special exception, the municipality may require that the subdivision and/or land development plan be submitted to the Delaware County Planning Department (DCPD) for review as a sketch plan.
C. 
The applicant shall submit an application packet for each subdivision and/or land development plan to the municipality no less than 21 calendar days prior to DCPC's meeting at which the plan may be reviewed. DCPC's regularly scheduled meetings are on the third Thursday of each month. The municipality shall then submit the application packet to DCPD no less than 14 calendar days prior to DCPC's meeting at which the plan may be reviewed.
D. 
Subdivision and/or land development plans shall be accepted for review only when the application packet contains all plan requirements, a fully completed County Application for Act 247 Review Form, a completed checklist, and payment of fees in accordance with the fee schedules adopted by the municipality and § 195-1201 of this chapter. The municipality shall review the application packet within seven calendar days to determine whether or not it is complete. If complete, the application packet is deemed an officially filed plan, then the review time period as described in § 195-303M of this chapter applies. If the application packet is incomplete, then it shall be returned to the applicant with the missing information noted through written correspondence.
E. 
A complete application packet shall be forwarded to DCPC for advisory review and report prior to action by the municipality. Approval or disapproval by the municipality shall be in accordance with the procedures specified in this chapter and in Article V of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
F. 
DCPC's review and report process shall be no longer than 30 calendar days, starting from the day the officially filed plan is filed in DCPD's office and accepted for review.
(1) 
If the application packet is not accepted for review by DCPD, then the developer and municipality shall be notified, through written correspondence, of the deficiency within seven calendar days of application packet receipt.
(2) 
Failure to so notify the developer and municipality by DCPD within the allotted seven calendar days shall cause the application packet to be accepted for DCPC's review and report.
G. 
Each new or revised subdivision and/or land development plan which involves substantive change requiring an additional review shall be considered a new submission, and an additional DCPC thirty-calendar-day review and report period may apply.
H. 
Whenever an application for a major subdivision and/or land development is proposed that may affect adjacent municipalities, either the municipality or DCPC may solicit reviews and reports from such municipalities.
I. 
The review of subdivision and/or land development plans by DCPC consists of three stages: sketch, preliminary, and final plans. Sketch plans, although not required, are strongly recommended for the benefit of both the applicant and the municipality. Table 3-1 indicates the required plans for the different types of submissions.
Table 3-1
Plans by Submission Type
Submission
Sketch
Preliminary
Final
Minor subdivision
Recommended
Recommended
Required
Major subdivision
Recommended
Required
Required
Land development
Recommended
Required
Required
J. 
The specific procedures for all plans shall be in accordance with § 195-302 and Article IV of this chapter for sketch plans, § 195-303 and Article V of this chapter for preliminary plans, and § 195-304 and Article VI of this chapter for final plans.
K. 
All subdivision and/or land development plans must be accompanied by the information as indicated in Table 3-2.
Table 3-2
Additional Information by Submission Type
Plans Reports and Papers
Sketch Plan
Preliminary Plan
Final Plan
Delaware County Planning Department Application for Act 247 Review Form
Required
Required
Required
Coversheet including index and title
Recommended
Required
Required
Pennsylvania Department of Environmental Protection Act 537 Planning Module or Act 537 exemption letter
Recommended
Required
Required
Street profiles
Recommended
Required
Required
Conservation plan
Recommended
Recommended
Recommended
Improvements construction plan and profile(s) plan
Recommended
Required
Required
Drainage plan
Recommended
Required
Required
L. 
Three copies of the subdivision and/or land development plan shall be submitted by the municipality to DCPD immediately upon the municipality's acceptance of an officially filed plan.
M. 
The appropriate fee in effect at the time of application packet filing, in accordance with § 195-1201 this chapter, shall also accompany the subdivision and/or land development plan submittal.
A. 
Minor subdivision and/or land development.
(1) 
All minor subdivisions and/or land developments shall be in conformance with Article VII of this chapter.
(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 and/or land development for residential purposes only shall be determined to be minor, provided that:
[1] 
The total number of lots shall not exceed four. If there is only one existing dwelling unit on a lot, then this means that only three additional lots could be created.
[2] 
Such subdivision and/or land development does not involve any new streets or easements for access.
(b) 
The subdivision of a tract into not more than four 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 the municipal zoning ordinance, for the purpose of conveyance to an adjoining property shall be determined to be minor. Such substandard lot area shall not be considered a building lot.
(d) 
During any five-year period, no more than four lots may be subdivided by an applicant for a single tract through the minor subdivision and/or land development process; otherwise, the subdivision shall be considered a major subdivision.
B. 
Major subdivision and/or land development. All major subdivisions and/or land developments shall be in conformance with Articles III, IV, V, and VI of this chapter.
A. 
A sketch plan application packet for any proposed subdivision and/or land development may, at the option of the applicant, be submitted to the municipality for review. The submission of a sketch plan application packet represents a basis for an informal discussion between the municipality and the applicant, which may prove to be valuable to the prospective applicant in formulating plans, documents, and other submissions for preliminary and/or final plan approval. In the event that the applicant submits a sketch plan application packet, the following shall apply:
(1) 
The applicant shall consult the municipality regarding the required number of sketch plan application packets to be submitted in accordance with § 195-300 of this chapter.
(2) 
Should the municipality deem the application packet an officially filed plan, it shall forward three copies of the officially filed plan to DCPD for staff review and report. When appropriate, DCPD will forward one copy to the Delaware County Soil Conservation District for review and comment.
B. 
In addition to furnishing copies of the sketch plan, the applicant shall identify the name, address, and telephone number of the holder of legal title to the land involved, 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. Such information shall be provided in writing.
C. 
DCPD shall review the sketch plan and shall indicate, within 30 calendar days, any and all review comments pertaining to the sketch plan to the applicant and municipality by written correspondence.
D. 
DCPD's review shall take into consideration the requirements of this chapter, the municipal zoning ordinance, and the municipal comprehensive plan 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 and historic features of the site; and the potential further development of adjoining lands which may not yet be subdivided.
E. 
After receipt of DCPD's report, the municipality shall review the findings and render its decision. In the event that the sketch plan does not meet the purposes and requirements of this chapter, the applicant shall be advised of the specific deficiencies by the municipality either in person or through written correspondence. In the event that the sketch plan is satisfactory, the municipality shall recommend that the applicant proceed to the preliminary plan stage.
A. 
The preliminary subdivision and/or land development plan shall be prepared in accordance with this Section and Articles V and VII of this chapter. When a preliminary plan application packet is filed, it shall meet all of the provisions of §§ 195-300 and 195-302 of this chapter.
B. 
A stormwater management plan shall be submitted with preliminary plans for relevant land developments.
C. 
The applicant shall consult the municipality regarding the required number of preliminary plan application packets to be submitted. The preliminary subdivision and/or land development plan shall be provided as black-line or blue-line prints.
D. 
Where any one or combination of the following items are involved, two additional sets of plans shall be required and submitted to the municipality:
(1) 
Pumping stations.
(2) 
Sewage treatment plants.
(3) 
Retaining walls.
(4) 
Public water supply systems or community water supply systems.
(5) 
Traffic control systems.
E. 
The municipal Engineer may submit review comments on the preliminary subdivision and/or land development plan in writing to DCPC. This correspondence shall be submitted no less than 14 days prior to the meeting at which DCPC may review and report on the preliminary subdivision and/or land development plan.
F. 
The applicant shall contact the municipality regarding contiguous property owner notification requirements.
G. 
DCPC shall perform the following:
(1) 
Determine whether the preliminary subdivision and/or land development plan meets the requirements of this chapter, municipal zoning, and the municipal comprehensive plan.
(2) 
Recommend that the preliminary subdivision and/or land development plan proceed to final plan or be revised and resubmitted and communicate such by letter to the municipality and the applicant. In the case of a recommended disapproval, DCPC shall indicate the specific deficiencies and the chapter provisions that have not been met.
H. 
DCPC may perform the following:
(1) 
Review all applicable reports from the municipal Engineer, municipal Planning Commission, appropriate Water and/or Sewer Authority, PennDOT, Delaware County Soil Conservation District, and other reviewing agencies.
(2) 
Discuss the submission with the applicant.
(3) 
Recommend revisions so that the plan will conform to this chapter and other applicable municipal ordinances.
I. 
During the course of DCPC's review of the preliminary subdivision and/or land development plan and prior to any action by the municipality within the required 90 calendar day period, the preliminary subdivision and/or land development plan may be revised by the applicant as requested by the municipality. The submittal of a revised plan not precipitated by municipal comments that involves substantive change requiring an additional review shall restart the required ninety-calendar-day review period. The required number of any revised preliminary subdivision and/or land development 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 subdivision and/or land development plan shall be submitted to the municipality at least 21 calendar days prior to the regular monthly meeting of DCPC. Three copies of the revised preliminary plan shall be delivered to DCPD for DCPC's review and report.
J. 
After the DCPC report on the preliminary subdivision and/or land development plan has been submitted to the municipality, the municipality shall place such preliminary subdivision and/or land development plan on its agenda for review and action.
K. 
The municipality shall, within the ninety-calendar-day review period:
(1) 
Review the recommendation of DCPC and other reviewing agencies.
(2) 
Determine whether the preliminary subdivision and/or land development plan meets the purposes and requirements of this chapter and other applicable regulations.
(3) 
Approve or disapprove the preliminary subdivision and/or land development plan or approve the preliminary subdivision and/or land development plan subject to conditions, changes, or additions. Whenever the municipality approves a preliminary subdivision and/or land development plan subject to conditions, the applicant shall indicate, in writing, whether such conditions are accepted or rejected within 15 calendar days of notification of the decision by the municipality. Any conditional approval by the municipality that is not accepted or rejected by the applicant within the fifteen-calendar-day period shall be rescinded automatically.
L. 
Municipal approval of the preliminary subdivision and/or land development plan shall constitute preliminary approval of the intent and proposed density of the subdivision and/or land development but shall not constitute approval of the detail required of the final subdivision and/or land development plan nor authorize the sale of lots or construction of buildings.
M. 
The municipality shall render a decision on every preliminary subdivision and/or land development plan and communicate it to the applicant not later than 90 calendar days following the date of the regular monthly meeting of the municipality or DCPC (whichever first reviews the officially filed plan) next following the date the application packet was deemed an officially filed plan or after a final order of the court remanding an application, provided that should the next said meeting occur more than 30 calendar days following the designation of an officially filed plan or the final order of the court, said ninety-calendar-day period shall be measured from the 30th day following the day the complete application packet was deemed an officially filed plan. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508).
N. 
The decision of the municipality 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 calendar days following the decision or at the end of the ninety-calendar-day period whichever shall occur first. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508).
O. 
In the event that the preliminary subdivision and/or land development plan is not approved in terms as filed, the decision shall specify the defects found in the preliminary subdivision and/or land development plan and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508).
P. 
If the preliminary subdivision and/or land development plan is approved by the municipality, then the applicant may proceed to submit a final subdivision and/or land development plan for approval as set forth in § 195-304 and Article VI of this chapter.
A. 
The procedure for approval of final subdivision and/or land development plans shall be identical to the procedure as outlined for preliminary subdivision and/or land development plans in § 195-303 of this chapter, except that:
(1) 
Within one year after the date of approval of the preliminary subdivision and/or land development plan, the applicant shall file a final subdivision and/or land development plan application packet.
(2) 
Unless an extension of time has been granted by the municipality upon written request of the applicant, a final subdivision and/or land development plan filed after the one-year period shall be considered a new preliminary subdivision and/or land development plan which shall be required to comply with all preliminary subdivision and/or land development plan application procedures of § 195-303 of this chapter and shall be subject to the preliminary plan application fees.
(3) 
The municipality may authorize submission of the final subdivision and/or land development 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 subdivision and/or land development plan, provided that the first final subdivision and/or land development plan section shall be submitted within the aforementioned one-year period and the last final subdivision and/or land development plan section shall be submitted within three years after the date of preliminary subdivision and/or land development plan approval.
(4) 
The final subdivision and/or land development plan shall conform in all respects to the preliminary subdivision and/or land development plan as required by Article V of this chapter.
(5) 
The applicant shall submit the required fees and financial security associated with the completion guaranty.
(6) 
The applicant shall prepare a planning module for land development, as required by Chapter 71 of the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. §§ 750.1 - 750.20.
(7) 
The applicant shall submit a final subdivision and/or land development plan that includes all of the requirements set forth in Article VI of this chapter.
(8) 
Highway occupancy permit.
(a) 
No final subdivision and/or land development plan which will require access to a highway under the jurisdiction of PennDOT shall be finally approved unless the final subdivision and/or land development plan contains a notice that a highway occupancy permit is required, pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law"[2] before driveway access to a state highway is permitted. PennDOT shall, within 60 calendar days of the date of receipt of an application for a highway occupancy permit. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508(6)).
[1] 
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. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508(6)).
[2] 
Deny the permit. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508(6)).
[3] 
Return the application for additional information or correction to conform to PennDOT regulations. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508(6)).
[4] 
Determine that no permit is required, in which case PennDOT shall notify the municipality and the applicant in writing.
[5] 
If PennDOT shall fail to take any action within the sixty-day period, the permit will be deemed to be issued. The final subdivision and/or land development plan shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit. Neither PennDOT nor any municipality to which permit-issuing authority has been delegated under Section 420 of the State Highway Law[3] shall be liable for damages for any injury to persons or property arising out of the issuance or denial of a driveway permit or for failure to regulate any driveway. Furthermore, the municipality from which the building permit approval has been requested shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508(6)).
[3]
Editor's Note: See 36 P.S. § 670-420.
[2]
Editor's Note: See 36 P.S. § 670-101 et seq.
(9) 
In the event that the final subdivision and/or land development plan is not approved, then the applicant, if he desires to proceed, shall file a revised final subdivision and/or land development plan with the municipality, following the same submission and review procedures required for the initial final subdivision and/or land development plan submission as required by this section.
(10) 
If the final plan is approved:
(a) 
Approval shall not be final until entry into a contract and the production of completion and maintenance guaranties as set forth in § 195-1001 of this chapter.
(b) 
The exact copies of the approved final subdivision and/or land development plan, as determined by the municipality, shall be signed in accordance with § 195-306D(2)(g) of this chapter.
(11) 
Approval of the final subdivision and/or land development plan shall not authorize the sale or transfer of lots or the development of land until construction is permitted to commence in accordance with § 195-307 of this chapter. Such approval shall not constitute a waiver, release, or assumption by the municipality of any requirements of any municipal ordinances, codes, regulations, plans, or maps.
(12) 
Every final subdivision and/or land development plan approval shall be subject to the following conditions:
(a) 
The applicant shall execute a subdivision and/or land development agreement, in accordance with § 195-305 unless exempted as a minor subdivision and/or land development plan.
(b) 
The applicant shall execute a completion guaranty, in accordance with § 195-1001 of this chapter, where deemed applicable by the municipality.
(c) 
The applicant shall tender a deed of dedication to the municipality, if requested by the municipality, for public improvements, easements, and other appurtenances and improvements thereto after such improvements are completed and the Municipal Engineer certifies such completion as being satisfactory.
(d) 
The filing with the municipality of copies of all required permits, approvals, agreements, clearances, and the like from all required governmental agencies (such as PennDOT, PADEP, and/or the municipality), authorities, companies which may provide water supply or sewage disposal facilities, pipeline easement holders, or others.
(e) 
The applicant shall pay any fees that may be outstanding in accordance with §§ 195-1201, 195-1202, 195-1203, 195-1204, and 195-1205 of this chapter.
(f) 
Proof of recording of the final subdivision and/or land development plan in accordance with § 195-306 of this chapter.
A. 
Every applicant who seeks to obtain final subdivision and/or land development plan approval, unless exempted as a minor subdivision and/or land development plan, shall execute a subdivision and/or land development agreement (Appendix A[1] of this chapter) satisfactory to the municipality before the final subdivision and/or land development plan is signed by the municipality and recorded in accordance with § 195-306 of this chapter. The agreement shall include, but need not be limited to, the following:
(1) 
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 subdivision and/or land development plan application packet 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 § 195-308 of this chapter to confirm the same.
(2) 
That the applicant shall complete the improvements and engage in the practices as referenced in § 195-305A(1) of this chapter within the time or times specified by the municipality and in accordance with § 195-307 of this chapter.
(3) 
That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the municipality as set forth in § 195-1001 of this chapter.
(4) 
That the applicant agrees to tender a deed of dedication to the municipality, if requested by the municipality, for public improvements, easements, and other appurtenances and improvements thereto, except that the municipality shall not accept any offer of dedication of the same by ordinance or resolution until their completion is certified as being satisfactory by the municipality and an as-built plan is submitted and approved by the municipality.
(5) 
That the applicant shall comply fully with all of the terms and conditions of this chapter as the same relate to the subdivision, land development, or redevelopment and all municipal ordinances, codes, regulations, plans, and maps.
(6) 
That 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 recreational facilities when required by this chapter.
(7) 
That the applicant shall obtain all necessary permits, as applicable, including a land disturbance permit, a building permit, and those from PADEP, PennDOT, and the municipal Zoning Hearing Board.
(8) 
That the applicant, in the event that any proposed street is not intended to be offered for dedication or is not accepted by the municipality, accepts stipulations which shall be noted on the final subdivision and/or land development plan, such as the following:
(a) 
That the municipality shall not be responsible for repairing or otherwise maintaining any undedicated streets.
(b) 
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.
(c) 
That if dedication be sought at any time, the street shall conform in its entirety to municipal design standards for the same in all respects or that the owners of the lots shown on the approved final subdivision and/or land development plan, at their own expense, restore the street to conform with or otherwise render the street in conformance with such standards.
(9) 
The subdivision and land development agreement shall be structured by the municipality 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.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
A bond, certified check, or other security to guarantee the completion and maintenance of improvements in accordance with the provisions of § 195-1001 of this chapter.
A. 
Upon municipal approval of a final subdivision and/or land development plan, the applicant shall, within 90 calendar days of such final approval or 90 calendar days after the date of delivery of an approved plat signed by the municipality, following completion of conditions imposed for such approval, whichever is later, and after the applicant executes the subdivision and land development agreement and the completion and maintenance guaranties, as set forth in § 195-1001 of this chapter, record such subdivision and/or land development plan in the Office of the Recorder of Deeds in and for the County of Delaware, Pennsylvania (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 513(a)). Should the final subdivision and/or land development plan not be recorded within such period, the action of the municipality in approving the final subdivision and/or land development plan shall be considered automatically rescinded.
B. 
The final subdivision and/or land development plan to be recorded or "record plan" shall be an exact copy, including original signatures, of the approved final subdivision and/or land development plan and shall be filed with the Office of Recorder of Deeds of Delaware County before proceeding with the sale of lots or the construction of buildings or other structures or improvements. The recording of the final subdivision and/or land development plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 513(a)).
C. 
No subdivision or land development may be recorded unless the record plan bears the DCPC stamp certifying that it reviewed such plan.
D. 
The maximum "record plan" sheet size is 30 inches by 42 inches; however, the Office of Recorder of Deeds of Delaware County prefers 24-by-36-inch prints for recording purposes. The scale of the location map on a record plan shall be one inch equals 1,000 feet.
(1) 
Prints of the completed and signed "record plan" shall be provided and distributed in the following manner:
(a) 
Applicant receives one print.
(b) 
Office of the Recorder of Deeds of Delaware County receives one print.
(c) 
DCPD receives one print.
(d) 
The applicant shall contact the municipality to determine the number of recorded plans that it requires for its use.
(2) 
The following information shall appear on the record plan, in addition to the information required in § 195-602 of this chapter for the final plan:
(a) 
The seal of the state-licensed engineer or surveyor who prepared the record plan.
(b) 
The corporation seal, if the applicant is a corporation.
(c) 
The seal of a notary public or other qualified officer acknowledging owner's statement of intent.
(d) 
The municipal seal certifying approval. If the municipality utilizes a crimp seal, then an area shall be reserved that allows for the seal to be oriented in the upright position. The bottom right hand corner is recommended.
(e) 
The DCPC stamp certifying that it reviewed such plan.
(f) 
A statement to the effect that the applicant is the owner of the land proposed to be subdivided, that the subdivision shown on the final subdivision and/or land development plan is made with his free consent, and that it is desired to record the same.
(g) 
The following signatures shall be placed directly on the record plan in black ink:
[1] 
The signature of the owner 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 final subdivision and/or land development plan.
E. 
Effect of recording.
(1) 
After a final subdivision and/or land development plan has been approved and recorded as provided in this section, all streets and public grounds on such plan shall become a part of the official map (as adopted by Article IV of the Pennsylvania Municipalities Planning Code, Act 247, as amended)[1] of the municipality without public hearing, should one exist. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 514).
(a) 
Streets, parks, and other public improvements shown on a record plan may be offered for dedication to the municipality by formal deed of dedication, and intent thereof shall be noted on the record plan or the owner may note that such improvements have not been offered for dedication to the municipality.
(b) 
Every street, park, or other improvement shown on a record plan shall be deemed to be a private street, park, or improvement until such time as the same has been offered for dedication to the municipality 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Amendments to approved final subdivision and/or land development plans.
(1) 
Proposed amendments to approved final subdivision and/or land development plans shall be acted on in the same manner as the original approved plan.
A. 
No construction shall be commenced until the municipality has issued all applicable permits.
B. 
No construction shall be commenced until the applicant files with the municipality all permits, approvals, clearances, and the like from governmental agencies (such as those from PennDOT, PADEP, and/or the municipality), authorities, companies that may provide water supply or sewage disposal facilities, pipeline easement holders, or others.
C. 
If the applicant does not commence construction of improvements within one year from the approval date of the final subdivision and/or land development plan, then the municipality may reevaluate the required escrow amount in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] and § 195-1001G of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 subdivision and/or land development plan, unless a lesser percentage is approved by the municipality. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 508(4)(vi)).
E. 
A copy of the record plan shall be available at the construction site.
A. 
After final subdivision and/or land development plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan, prepared by a licensed engineer or surveyor as per state registration law, showing the location, dimension, and elevation of all improvements in accordance with § 195-1003 of this chapter.
B. 
Said as-built plan shall indicate the actual location, dimensions, and/or elevations of all completed improvements.
C. 
Said as-built plan shall indicate that the resultant construction, grading, and drainage are in conformance with the previously approved drawings and specifications.
D. 
Said as-built plan shall note any and all deviations from the previously approved drawings and specifications.
E. 
Two copies of the as-built plan shall be filed with the municipality.
F. 
The as-built plan shall be submitted before the final release of escrow funds for any major subdivision and/or land development. Refer to § 195-1002 of this chapter for more details.