The Borough has adopted the procedures set forth herein, which
shall be observed by all applicants and their agents.
A.
Authority for plan approval. Final authority for approval or denial
of approval of all subdivision and land development plans shall be
the responsibility of the Borough Council in accordance with the procedures
set forth herein.
B.
Plan classification. All applications for subdivision or land development
shall be classified as either minor or major, as determined by Borough
Council, according to the following:
(1)
Minor subdivision or land development applications shall include
a subdivision or land development where:
(a)
No public improvement intended to be dedicated to the Borough
is to be constructed, with the exception of public water or sewer
lines.
(b)
No street, public or private, is to be constructed, improved
or widened.
(c)
No land disturbance/earthmoving activities will take place except
those incidental to construction of a single-family dwelling on a
single lot or a two-family dwelling on one or two lots.
(d)
No more than five lots are proposed.
(e)
No further subdivision can occur within the resulting lots.
(f)
Lot line adjustments are made where no development is proposed.
(2)
All applications not considered minor in accordance with § 240-301B(1) shall be considered major subdivision or land development applications.
C.
MPC requirements. Preliminary and final plans shall be reviewed in
accordance with the requirements of Act 247 and as set forth herein.
A.
Overview of the plan submission and review process. The plan review
steps included in Figure 3-1 represent the standard approach used
in Elverson Borough.
|
Figure 3-1: Plan Review Steps
| |||
|---|---|---|---|
|
Step
|
Minor Plan Application
|
Major Plan Application
| |
|
1
|
Preapplication meeting
|
Recommended
|
Recommended
|
|
2
|
Site visit
|
Recommended
|
Recommended
|
|
3
|
Sketch plan
|
Recommended
|
Recommended
|
|
4
|
Preliminary plan
|
Not required
|
Required
|
|
5
|
Final plan
|
Required
|
Required
|
B.
Preapplication meeting. Prior to any formal plan submission, it is
strongly recommended that the applicant for any subdivision or land
development meet with an authorized representative of the Borough.
The purpose of this preapplication meeting is to introduce the applicant
to the Borough's planning objectives and applicable regulations and
procedures and to discuss the applicant's objectives.
C.
Site visit. Applicants for subdivision or land development approval
may be requested by the Planning Commission or Borough Council to
arrange for a site visit of the property by Borough representatives
that may include the Borough Engineer and any other federal, state
or county representatives or consultants as the Borough deems appropriate.
(1)
Applicants shall agree to reimburse the Borough for any reasonable
costs charged by Borough consultants in relation to such site visit
when such consultants have been requested by the applicant to attend.
(2)
Applicants are encouraged to accompany Borough representatives.
(3)
(4)
The site visit may be requested by the Borough at any time during
which the subdivision or land development application filed in accordance
with this chapter is pending Borough approval.
(5)
Comments made by the Borough or its staff or authorized representative
during the site visit shall be advisory only and are not binding on
either the Borough or the applicant. It shall be understood by all
parties that no formal recommendations can be offered and no official
decisions can be made at the site visit or during the sketch plan
process.
(6)
Site access for purposes of plan review. The owner of the parcel
of land to be subdivided or developed shall submit a written statement
granting the Borough Council, its authorized agents and representatives,
and the Borough Planning Commission the right to enter the parcel
of land for the purpose of evaluating the site and the proposed development
thereof. The Borough shall make every reasonable effort to contact
the applicant to notify them of the Borough's scheduled site access
at least two days in advance of such site visit.
A.
Purpose and applicability. The Borough strongly recommends that a sketch plan be submitted for both minor and major subdivision and land development applications in accordance with § 240-302A. The purpose of the sketch plan is to afford the applicant an opportunity to consult early and informally with the Planning Commission and Borough before submission of formal plans (preliminary and final, as applicable) for subdivision and land development approval on the following issues:
C.
Sketch plan submission.
(1)
The applicant shall submit five black-on-white or blue-on-white
prints on paper of the sketch plan and the required filing fee to
the Borough Secretary. The Borough Secretary shall distribute one
copy each to the Chair of the Planning Commission, the Borough Engineer,
the Municipal Authority's Engineer, the Chester County Planning Commission,
and shall retain one copy for the permanent files of the Borough.
(2)
Where feasible and at the request of the Borough upon recommendation
of the Borough Engineer or the Municipal Authority's Engineer, the
sketch plan shall also be submitted to the Borough and Municipal Authority
electronically in the format specified by the Borough Engineer.
D.
At the next regularly scheduled public meeting subsequent to the submission, in accordance with § 240-303C above, the applicant shall present the sketch plan and supporting materials to the Planning Commission. The Planning Commission shall review the sketch plan to analyze and discuss the application with the applicant in accordance with the purpose identified in § 240-102.
E.
Sketch plan discussion.
(1)
In discussing the sketch plan with the applicant, the Planning
Commission may review:
(2)
When the Planning Commission discusses such conformance issues,
it may suggest any modifications to the plan which it deems necessary
to secure conformance to the regulations of this chapter or which
it believes are in the public interest.
F.
To the extent that sufficient information has been submitted, the
Planning Commission shall undertake a general review, which may encompass
but shall not be limited to:
(1)
The location of all areas proposed for land disturbance.
(2)
The proposed building density and impervious coverage.
(3)
The potential for vehicular and pedestrian connections with
existing or proposed roads, sidewalks or trails, and existing or potential
development on neighboring properties.
(4)
The location of proposed access points along the road network.
(5)
The need for waivers or modifications from otherwise applicable
ordinance standards, including any waivers or modifications which
the Planning Commission would recommend in order to permit the proposal
to better conform to Borough planning objectives.
G.
Written notice. After the final meeting at which the sketch plan
is reviewed by the Planning Commission, the Planning Commission Secretary
shall send written notice of the Planning Commission's acceptance
or recommended modifications to the sketch plan to Borough Council,
the Borough Secretary, and the applicant or their agent.
H.
The applicant may request further review of the sketch plan by the
Borough Council. Upon receiving written request by the applicant,
the Borough Council may consider the sketch plan. At one or more regularly
scheduled or special meetings, the Borough Council may meet with the
applicant to review the sketch plan and may advise the applicant as
to its concerns.
I.
If Borough Council receives a request for comments from either the
applicant or the Planning Commission, it may, at its sole discretion,
choose to review the sketch plan and submit comments to the applicant
or the Planning Commission.
J.
All comments and recommendations made by Borough representatives
in regard to sketch plan review are nonbinding. No comment, recommendation,
nor the failure of the Planning Commission or any Borough representative
to proceed or act in accordance with this section shall be deemed
to be a decision with respect to any subdivision or land development
plan or to vest any rights in the applicant.
A.
Purpose and applicability.
(1)
All applicants for major subdivision and land development shall submit a preliminary plan application. Applicants for minor subdivision and land development are not required to submit a preliminary plan application in accordance with § 240-302A.
(2)
All applicants for preliminary plan approval should follow the preapplication procedures set forth in § 240-302 and are recommended to submit a sketch plan as set forth in § 240-303 prior to formal submission of a preliminary plan application. Applicants who choose to submit a preliminary plan without taking advantage of the sketch plan option may incur additional engineering expenses. Evaluation of planning, design and ordinance issues that can occur during sketch plan review can facilitate the formal plan review processes by addressing a number of issues at an early stage during plan preparation.
B.
Preliminary plan submission and acceptance of review. As required
for major subdivision and land development applications, preliminary
plans and required supplementary data for all proposed subdivisions
and land developments shall be submitted by the applicant or their
agent to the Borough Secretary a minimum of five days prior to the
next regular meeting of the Planning Commission.
C.
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of § 240-402.
D.
Official submission of a preliminary plan shall include:
(1)
Seven completed applications for review of preliminary plan
(Form 2).
(2)
Seven blue-on-white or black-on-white prints on paper of the
preliminary plan.
(3)
Six copies of the sewage facilities planning module required
by the Chester County Health Department at the time the plan is submitted,
with all supplemental data if percolation tests are required.
(5)
Payment of the required application fees and escrow deposits
as specified in the Borough fee schedule.
(6)
Where feasible and at the request of the Borough upon recommendation
of the Borough Engineer or the Municipal Authority's Engineer, the
preliminary plan shall also be submitted to the Borough and Municipal
Authority electronically in the format specified by the Borough Engineer.
E.
Preliminary plan distribution. The Borough Secretary shall distribute
submitted information in accordance with Figure 3-2 below:
|
Figure 3-2: Preliminary Plan Distribution
| ||||
|---|---|---|---|---|
|
Party
|
Copies of Plan
|
Sewage Module*
|
Preliminary Plan Application
|
Other Required Materials
|
|
Borough Planning Commission
|
1
|
1
|
1
|
1
|
|
Borough Engineer
|
1
|
1
|
1
|
1
|
|
Borough
|
1
|
1
|
1
|
1
|
|
Municipal Authority Engineer
|
1
|
1
|
1
|
1
|
|
Chester County Planning Commission
|
1
|
1
|
1
|
1
|
|
Chester County Health Department
|
1
|
1
|
1
|
1
|
|
Chester County Conservation District
|
1
|
n/a
|
1
|
1
|
|
*
|
A copy of the sewage facilities planning module, if on-site
disposal of sewage is to be used.
|
F.
Review by the Planning Commission. When a preliminary plan has been
received for review and deemed complete administratively, the Planning
Commission shall review the plan at one or more regularly scheduled
or special meetings to determine its conformance to the standards
contained in this chapter and shall identify any deficiencies and
may recommend such changes and modifications as it shall deem necessary
to assure compliance with this chapter.
(1)
(2)
When reviewing a plan at a regularly scheduled or special meeting,
the Planning Commission Engineer should consider, in addition to its
own comments, written reports regarding the subdivision in question
from the following parties, including, but not limited to:
(a)
The Borough Engineer. The Borough Engineer should evaluate the
following:
[1]
That all information required by this chapter is presented in
the plans submitted.
[2]
Compliance with all other Borough ordinances.
[3]
That any sketch plan recommendations offered to the applicant
have been considered or addressed or shall confirm the extent to which
the same have been or have not been addressed.
[4]
That any conditions set forth in any previous order of approved
conditional use, special exception, or variance approval have been
complied with, if applicable.
[5]
That, in the opinion of the Engineer, the various schemes presented for the location, alignment of roads, grade of roads, stormwater management/best management practices (in accordance with Chapter 225, Stormwater Management, of the Code), erosion and sedimentation control, physical site constraints, site grading, sanitary sewers, water supply, and any other proposed improvements are feasible from an engineering perspective.
(b)
The Chester County Planning Commission. The Chester County Planning
Commission shall be provided with the opportunity to review and comment
on the preliminary plan as required by Act 247.
(c)
The Chester County Health Department. The Health Department
shall review all plans for the adequacy of the proposed method of
sewage disposal and water supply.
(d)
Pennsylvania Department of Transportation (PennDOT), when the
subject property abuts a state route.
(e)
Chester County Conservation District (CCCD). The report of the
CCCD on the erosion and sediment control plan, when the application
has required submission to the CCCD for review.
(f)
Other agencies. County, state, federal, or other reviewing or
regulatory agencies having jurisdiction over all or a portion of the
property subject to the application shall be provided the opportunity
to review and comment on permitting or other agency-specific matters.
(3)
Conditions. The Borough Planning Commission may make its recommendation
to the Borough Council subject to conditions, including receipt of
written reports from the entities mentioned above, and upon the applicant's
acceptance of such conditions.
(4)
Planning Commission recommendation. Within 15 calendar days
after the final meeting at which the preliminary plan is reviewed
by the Planning Commission, the Planning Commission shall notify the
Borough Secretary, the Borough Engineer, and the applicant or their
agent of the recommendation being made regarding the preliminary plan
application:
(a)
If the review of the Planning Commission is unfavorable because the requirements of this chapter or the Zoning Ordinance have not been met or because the Planning Commission deems modifications in the plan as submitted necessary in the public interest, the recommended modifications in the plan and the specific provisions of this chapter or Chapter 290, Zoning, which have not been met shall be noted.
(b)
If the preliminary plan is recommended to be approved subject
to conditions, those conditions shall be noted.
(c)
If the preliminary plan is recommended to be approved as submitted,
that fact shall be noted.
G.
Review by Borough Council. After a preliminary plan has been reviewed
by the Planning Commission, the plan shall be forwarded for review
at one or more regularly scheduled or special meetings of the Borough
Council.
(1)
The Borough Council shall review the preliminary plan and the
written reports of the Planning Commission, the Chester County Health
Department, the Borough Engineer, the Borough, and all other reports
which may have been received from county, state or federal agencies.
No official action shall be taken by the Borough Council with respect
to a preliminary plan until the Borough Council has received the written
report of the County Planning Commission, provided that the report
is received within 30 days after the Chester County Planning Commission
received a request to review the preliminary plan.
(2)
Before acting on a preliminary plan, the Borough Council may
arrange for a public hearing on the plan, giving public notice in
accordance with Act 247.
(3)
The Borough Council shall act upon the preliminary plan and
shall transmit written notice to the applicant or their agent of the
action taken within 90 days following the date of the regular meeting
of the Planning Commission following the date the preliminary plan
application was deemed administratively complete, unless applicant
has granted an extension. When the next regular meeting of the Planning
Commission occurs more than 30 days following the submission of the
complete preliminary plan, the ninety-day period shall be measured
from the 30th day following the day the plan is submitted.
(4)
The action of the Borough Council may be favorable, approving
the preliminary plan, or unfavorable, disapproving the preliminary
plan. The findings and reasons upon which Borough Council's action
is based shall be given in writing to the applicant and/or their agent
and stated in the minutes of the meeting at which the action was taken
on the preliminary plan. When the plan as submitted is not approved,
the report shall specify the requirements of this chapter or the Zoning
Ordinance which have not been met and may recommend changes which
should be made to the plan to secure approval. Copies of all written
notices to the applicant shall be made available to the Planning Commission
and Borough Engineer.
(5)
The approval of a preliminary plan does not authorize the recording
of a subdivision or land development plan, nor the construction, sale,
lease or transfer of lots or dwelling units.
A.
Purpose. The purpose of the final plan application for subdivision
or land development is to assure full compliance with this chapter,
with applicable zoning provisions, and with all other applicable laws
and regulations prior to formal recording of all relevant planning
documents and land records, and to ensure long-term proper functioning
for all proposed improvements.
B.
Applicability. Upon submission of any final plan application, the Borough shall determine within 10 business days whether the plan is a minor or major plan submission, as defined in § 240-301B.
(1)
If the application is a major plan submission, but no preliminary plan application has previously been submitted or approved, the application will be returned to the applicant or, upon the request of the applicant, submitted as a preliminary plan in accordance with § 240-304B.
(2)
If the application is a major plan submission following a preliminary
plan application previously submitted and approved, or if the application
is a minor plan submission, the application shall be retained by the
Borough for review in accordance with this section.
(3)
For a major plan application, the final plan shall conform to
the terms of the approved preliminary plan.
(5)
Final plan application shall conform to any conditions in any
applicable order or approval for a conditional use, special exception,
or zoning variance.
C.
Final plan submission and acceptance for review. Within one year
of approval of the preliminary plan by the Borough Council, the applicant
or their agent shall submit a final plan with all necessary supplementary
information to the Borough Secretary. Upon request by the applicant,
a reasonable extension of time may be granted by the Borough Council
when good cause can be shown. Unless an extension is granted, failure
to meet the one-year time limitation shall result in a determination
by the Borough that it will consider any plan submitted after one
year as a new preliminary plan.
D.
All final plans submitted pursuant to this chapter shall conform to the requirements of § 240-403.
E.
Official submission of a final plan shall include:
(1)
Eight completed application for review of final plan (Form 3).
(2)
Ten black-on-white or blue-on-white prints on paper of the final
plan.
(3)
Ten copies of all other supplementary data and plans.
(4)
Payment of the required application fees and escrow deposits
as specified in the Borough fee schedule.
F.
If permission is granted by the Borough Council, the applicant may submit a final plan in geographical sections, each section covering a reasonable portion of the entire proposed subdivision or land development as shown on the approved preliminary plan. If the final plan is submitted in sections, the first section shall be submitted to the Borough for review within one year of approval of the preliminary plan, unless an extension of time as provided for in § 240-305C is granted. No more than one year shall elapse between submission of final plan sections unless extensions of time are granted by the Borough Council.
G.
The final plan shall conform to the approved preliminary plan but
shall incorporate all modifications required by the Borough Council
in its approval of the preliminary plan. Failure to comply with these
shall constitute grounds for the Borough Council to refuse to approve
the final plan.
H.
Distribution. Distribution of final plans and supporting data submitted
to the Borough Secretary shall be in accordance with Figure 3-3 below:
|
Figure 3-3: Final Plan Distribution
| |||
|---|---|---|---|
|
Party
|
Copies of Plan
|
Final Plan Application
|
Supplementary Data and Plans
|
|
Borough Planning Commission
|
1
|
1
|
1
|
|
Borough Engineer
|
2
|
1
|
2
|
|
Borough
|
2
|
1
|
2
|
|
Municipal Authority Engineer
|
1
|
1
|
1
|
|
Chester County Planning Commission
|
1
|
1
|
1
|
|
Chester County Health Department
|
2
|
2
|
2
|
|
Chester County Conservation District
|
1
|
1
|
1
|
I.
Review of the final plan and rendering of decision.
(1)
Official review period. The Borough Council shall render a decision
in regard to the final plan application not later than 90 days following
the date of the next regular meeting of the Planning Commission following
the date of filing, provided that the next regular meeting be more
than 30 days following the date of filing. The ninety-day period shall
be measured from the 30th day following the date of filing.
(2)
Review of the Borough Engineer and other Borough staff and consultants.
The Borough Engineer shall submit his written comments to the Borough.
The Borough's engineering review fees shall be the responsibility
of the applicant.
(a)
The review of the Borough Engineer shall assure that all information
required by this chapter is presented in the submitted plans, that
all applicable laws and regulations are complied with, that the final
plan conforms with the approved preliminary plan, and that any conditions
set forth in any previous order of approval for any applicable conditional
use, special exception, or zoning variance have been complied with.
The Borough Engineer shall submit his written comments to the Borough.
The Borough's engineering review fees shall be the responsibility
of the applicant.
(b)
The Borough may request additional review by the Borough Engineer,
Borough Solicitor, Borough staff, Borough commissions or committees,
or other consultants to ascertain the accuracy of the final plan and
submitted supplementary data, materials, documentation, as it deems
necessary. All such additional review fees shall be the responsibility
of the applicant.
(c)
The Borough Engineer shall review each final plan to determine whether the plan meets the requirements of this chapter and Chapter 290, Zoning, of this Code and to identify any deed restrictions.
(d)
If the plan does not meet the requirements of this chapter or Chapter 290, Zoning, of this Code or violates any deed restrictions, the Borough Engineer shall identify such deficiencies and may recommend what modifications to the plan are necessary to secure compliance with said requirements or restrictions.
(3)
Review by Chester County and other agencies.
(a)
Chester County Planning Commission. The Chester County Planning
Commission shall be provided the opportunity to review and comment
on the final plan submission as required by the Municipalities Planning
Code (Act 247).
(b)
Chester County Conservation District. As deemed necessary by
the Borough and as required by state regulations, the Chester County
Conservation District shall be provided the opportunity to review
and comment on matters relating to site drainage, control and abatement
of soil erosion and sedimentation, stormwater management, best management
practices, open space management where applicable, and compliance
with NPDES Phase II requirements.
(c)
Chester County Health Department. The Chester County Health
Department will be provided the opportunity to review and comment
on matters relating to adequacy of drinking water and methods of sewage
disposal.
(d)
Other agencies. County, state, federal or other reviewing or
regulatory agencies having jurisdiction over all or a portion of the
property subject to the application will be provided with the opportunity
to review and comment on permit or other agency-specific matters,
as applicable.
(4)
Review by the Planning Commission. When a final plan has been received for review in accordance with § 240-305C, the Planning Commission shall review the plan at one or more regularly scheduled or special meetings to determine its conformance to the standards contained in this chapter and shall identify any deficiencies and may recommend such changes and modifications as it shall deem necessary to assure compliance with this chapter.
(a)
When reviewing a plan at a regularly scheduled or special meeting,
the Planning Commission should consider, in addition to its own comments,
written reports regarding the subdivision or land development from
the Borough Engineer, the Borough Secretary, and the Chester County
Health Department, and any other reports which may have been received
regarding the final plan.
(b)
Within 15 calendar days after the final meeting at which the
final plan is reviewed by the Planning Commission, the Planning Commission
Chairman shall notify the Borough Secretary, the Borough Engineer,
and the applicant or their agent in writing of the recommendation
being made by the Planning Commission regarding the final plan.
(c)
If the review of the Planning Commission is not favorable, the
Planning Commission shall recommend that the plan not be approved
and explicitly state the reasons for such action. Any modifications
in the plan which the Planning Commission feels should be prerequisites
to approval of the final plan shall also be noted. If the Planning
Commission recommends that the final plan as submitted be approved,
this fact shall be noted.
(5)
Review by the Borough Council. After a final plan has been reviewed
by the Planning Commission, the plan shall be forwarded for review
by the Borough Council at one or more regularly scheduled or special
meetings.
(a)
The Borough Council shall review the final plan and any written
reports regarding the plan from the Planning Commission, the Borough
Engineer, the Chester County Health Department, the Borough Secretary
and, where applicable, county, state, and federal agencies.
(b)
Before acting on a final plan, the Borough Council may arrange
for a public hearing on a plan, giving public notice as defined by
Act 247, as amended.
(c)
The Borough Council shall take one of the following actions
on any subdivision or land development application submitted to the
Borough:
[1]
The action may be favorable, giving approval to the final plan;
or
[2]
The action may be unfavorable, denying approval to the final
plan. If the Borough Council denies approval of said plan, the findings
and reasons upon which the Borough Council's denial is based shall
be given in writing to the applicant and/or his agent and also stated
in the minutes of the Borough Council. Any modifications to the plan
required as conditions prerequisite to approval of the final plan
shall be stated. Failure on the part of the applicant to accept such
conditions shall constitute a denial for the reasons stated.
A.
All applications for subdivision and land development, whether preliminary
or final, shall be acted upon by the Borough Council no later than
90 days following the date of the regular meeting of the Planning
Commission next following the date of the initial submission of such
plans, unless applicant has granted an extension. When the next regular
meeting of the Planning Commission occurs more than 30 days following
the submission of the plans, the ninety-day period shall be measured
from the 30th day following the day the plan is submitted.
B.
The decision of the Borough Council shall be in writing and shall
be communicated to the applicant personally or mailed to their last
known address no later than 15 days following the decision.
C.
Failure of the Borough Council to render a decision or communicate
the decision to the applicant within the manner required herein shall
be deemed an approval of the application in terms as presented unless
the applicant has agreed to an extension of time or change in the
prescribed manner of presentation of communication of the decision;
in which case, failure to meet the extended time or change in manner
of presentation of communication shall have the like effect.
D.
Changes in ordinances shall affect plans as follows:
(1)
No change or amendment to the zoning, subdivision or other governing
ordinance or provision shall affect the Borough's decision regarding
any application, whether preliminary or final, that was duly filed
prior to such change.
(2)
When an application, whether preliminary or final, has been
approved without conditions or approved by the applicant's acceptance
of conditions, the applicant shall have five years to commence and
substantially complete the approved plan in accordance with the terms
of approval. The five-year period shall start on the date of preliminary
approval. In the case that preliminary approval is not required, the
five-year period shall start on the date of the final approval.
(3)
When it is anticipated that completion of improvements associated
with a plan will exceed the five-year period, the applicant shall
prepare a schedule detailing the deadlines within which applications
for final approval for each section of the plat are intended to be
filed. The schedule shall be included with the preliminary plat plan,
or when one is not required, with the final plan. Said schedule shall
be updated annually on or before the anniversary of the preliminary
plat approval until such time as final approval for the final section
is granted. Any modification to the schedule shall be subject to the
approval of Borough Council at its discretion.
(4)
Failure of the applicant to adhere to the schedule of submission
of plan applications for the various sections shall subject any such
section to any and all changes in zoning, subdivision and land development,
or any other governing ordinance enacted by the Borough.
A.
Prior to final plan approval by Borough Council and before a major plan application may be endorsed or recorded and before the issuance of any building permits, the applicant shall deliver to the Borough Council an improvements guarantee in the form of a corporate bond or other financial security approved by the Borough Council, with advice from the Borough Solicitor, in an amount sufficient, as determined in accordance with § 240-704, to cover the cost of all improvements required by this chapter, their engineering and their inspection.
B.
Endorsement by the Borough Council.
(1)
After the completion of the procedures required by this chapter,
the Borough Council shall place its endorsements on the record plan
and on as many other copies of the final plan as may be desired or
required. The record plan shall be signed by at least a majority of
the members of the Borough Council, and the Borough Seal shall be
affixed to the plan. No subdivision or land development plan may be
legally recorded unless it bears Borough endorsement indicated by
the signatures of at least a majority of the Borough Council and the
Borough Seal. The Borough shall receive two paper prints of the final
plan as endorsed by the Borough.
(2)
The record plan shall be a clear and legible black-on-white
or blue-on-white print on material acceptable to the Recorder of Deeds.
C.
Endorsement by the County Planning Commission. After the plan has
been endorsed by the Borough Council, the record plan shall be submitted
by the applicant or his agent to the Chester County Planning Commission
for endorsement. No subdivision or land development plan may legally
be recorded unless it has been endorsed by the Chester County Planning
Commission.
D.
Filing with Recorder of Deeds. After endorsement by the Borough and
by the County Planning Commission, the applicant shall file the record
plan with the County Recorder of Deeds within 90 days of the date
of the meeting at which the Borough Council approved the final plan.
If the applicant fails to record the final plan within such period,
the action of the Borough shall be null and void without any further
action on its part.
E.
Dedication of improvements. All streets, parks or other improvements
shown on the final plan shall be deemed to be private until such time
as the same have been offered for dedication to the Borough and accepted
by resolution of the Borough Council. The acceptance of any improvement
shall be by a separate action of the Borough Council. The Borough
Council may require a Title Insurance Certificate before acceptance
of any property.
