[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001; Ord. No. 127, 7/25/2006]
1. 
All preliminary and final subdivision and land development plans shall be referred to and reviewed by the township planning commission and the county planning commission. Said plans shall be approved or disapproved by the township board of supervisors in accordance with the procedures specified in this part and in other sections of this chapter. Any approval not processed as required hereafter shall be null and void unless it was made prior to the adoption of these regulations.
2. 
In order to provide the orderly receipt and processing of plans, the board shall appoint an individual, referred to hereinafter as the subdivision officer, to receive and process plans in accordance with the provisions of this chapter. The subdivision officer may be, but is not required to be, a township officer, the township secretary, or the township manager. The subdivision officer shall:
A. 
Prepare rules and regulations for the administration of procedures for receipt, review, and approval of subdivision and land development plans. Such rules and regulations shall be approved by the board.
B. 
Administer such rules and regulations and the provisions of this chapter insofar as is necessary to ensure the orderly processing of plans, collection of review information and comments, and submission of such information to the planning commission and the board for their action.
C. 
Be available by appointment at stated hours so that applicants may obtain applications, written information on procedures and related ordinances, file applications, conduct pre-application meetings, schedule site visits and pay fees for the consideration of subdivision and land development plans.
D. 
Receive applications and subdivision and land development plans and fees, issue receipts, and deposit fees with the township treasurer.
E. 
Maintain an official township file of all proposed and approved subdivision and land development plans for the board of supervisors. The zoning officer shall also be provided with one copy of all approved plans.
3. 
Application and required fees.
A. 
"Professional consultants" is defined as follows:
(1) 
Persons or entities who provide expert or professional advice including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
B. 
The following applies to application fees, review fees, and escrow for plan review:
(1) 
At the time of the filing of an application for sketch, preliminary or final plan review or approval for, or in connection with, any subdivision and/or land development, the applicant shall pay to the township an application fee, which shall be considered a part of the application. In addition, the applicant shall post a cash escrow with the township to be held and used by the township for the payment (including reimbursement to the township) of the costs and charges of review of the application by the township's professional consultants. The application fee and the escrow amount shall be as established as set forth by resolution by the board of supervisors, from time to time. Failure to remit the application fee and/or post the escrow shall render the application incomplete and shall be cause for its rejection.
(2) 
The township may require, as part of the application, the execution of an escrow or professional services agreement, memorializing the applicant's responsibility to pay for, or reimburse, the costs and charges of the township's professional consultants.
(3) 
Review fees, which are set forth by resolution by the board of supervisors, from time to time, may include reasonable and necessary charges by the township's professional consultants for review and report on applications to the township. Such review fees shall be reasonable and in accordance with the ordinary and customary charges for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant for comparable services to the township for services which are not reimbursed or otherwise imposed on an applicant. Fees charged to the township relating to any appeal of a decision on an application shall not be considered review fees and may not be charged to an applicant.
(4) 
The township shall submit to the applicant an itemized bill(s) of review fees and charges showing, in each instance, the work performed, identifying the person performing the services and the date of and time spent for each task. Interim itemized billing is permitted. Subject to the provisions herein, bill(s) for review of an application shall be due upon presentation.
(5) 
Subsequent to a decision on an application, the township shall submit to the applicant an itemized bill for review fees specifically designated as a "final bill." The "final bill" shall include all review fees and expenses incurred at least through the date of the decision on the application which have not yet been submitted to the applicant. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the applicant as a "supplement to the final bill."
(6) 
In the event that the applicant disputes the amount of any review fees, the applicant shall, no later than 45 days after the date of the transmittal of the bill to the applicant, notify the township and the professional consultant that such fees are disputed and the applicant shall explain the basis of the objections to the fees charged. The township shall not delay or disapprove a subdivision and/or land development application due to the applicant's dispute over such fees.
(a) 
In the event that the professional consultant and the applicant cannot agree on the amount of review fees and expenses that are reasonable and necessary, then the applicant and the township shall follow the procedures provided for dispute resolution set forth in herein.
(b) 
The applicant's failure or refusal to timely comply with the dispute resolution provisions herein, shall act as a waiver of the applicant's right to arbitration of the bill, and the township may use any remaining escrow to pay the bill or reimburse payment of the bill, as the case may be, and the township may take such other action as provided by law.
C. 
The following sets forth the requirements relating to the dispute of fees:
(1) 
When an applicant has properly and timely disputed fees of the township's professional consultant, as set forth herein, and is thereafter unable to resolve the dispute, then the applicant shall have the right, within 45 days of the transmittal of the disputed final bill, or supplement to the final bill, to request the appointment of another professional consultant to serve as an arbitrator. The applicant, and professional consultant whose fees are being challenged, shall, by mutual agreement, appoint the other professional consultant to review any bills the applicant has disputed, which remain unresolved, and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(2) 
In the event that the township's professional consultant and the applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for the applicant's request for the appointment of an arbitrator, then, upon application of either party, the president judge (or if at the time there is no president judge, the senior active judge) of the court of common pleas of the county, shall appoint such arbitrator, who in that case, shall be neither the township's professional consultant nor any professional consultant who has been retained by, or performed services for, the township or the applicant within the preceding five years.
(3) 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his/her sole opinion deems necessary and shall render a decision no later than 50 days after the date of the arbitrator's appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees are challenged shall be required to pay or credit, as the case may be, any amounts necessary to implement the arbitrator 's decision within 60 days of the date of the decision. In the event that the township has paid the professional consultant an amount determined by the arbitrator to be in excess of the reasonable and necessary fees, the professional consultant shall, within 60 days of the arbitrator's decision, reimburse the township for any excess payment.
(4) 
The fee of the arbitrator shall be paid by the applicant if the disputed review or processing fee charged is sustained by the arbitrator; otherwise, it shall be equally divided between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the professional consultant. The township and the professional consultant whose fees are the subject of the dispute shall be party to the arbitration proceedings.
(5) 
The professional consultant whose fees are being challenged shall not charge the township or the applicant for the cost of the professional consultant's preparation for, or participation in, the arbitration.
(6) 
All fees or charges charged to the township by the township's professional consultants, related to the preparation and review of land development agreements, financial security agreements, maintenance agreements, maintenance security, dedication and/or other similar matters, which are incurred as a result of a subdivision and/or land development application or implementation, and which would otherwise not be incurred by the township but for the application, shall be considered review fees.
(7) 
This part shall not be applied retroactively to any fees or charges of the township's professional consultants, or dispute(s) filed in connection therewith, prior to the effective date of this part. This part shall not act to amend, alter or me any agreement regarding the charging, payment or reimbursement of fees of the township's professional consultants, which predates the effective date of this part.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001]
1. 
All subdivision and land development applications shall be classified as either minor or major, as defined hereunder. Applicants shall apply for and secure approval in accordance with the following procedure:
A. 
Minor Subdivisions.
(1) 
Definition.
(a) 
No more than three lots are proposed.
(b) 
No public improvements are proposed or required.
(c) 
No street is to be constructed, improved, or widened.
(d) 
Any lot line adjustment.
(2) 
Procedure.
(a) 
Sketch plan, as described in sections 22-404 and 22-501 (optional).
(b) 
Final plan, as described in sections 22-404 and 22-503.
B. 
Major Subdivisions and Land Developments.
(1) 
Definition.
(a) 
Any land development.
(b) 
A subdivision proposing four or more lots.
(c) 
Any plan proposing or requiring public improvements.
(d) 
Any plan proposing the construction, improvement, or widening of a street.
(e) 
Any plan proposing land disturbance activities requiring permanent stormwater management facilities.
(2) 
Procedure.
(a) 
Overview. Items 1)-4) and 6)-10) below are required under this chapter. Item 5) (sketch plan submission and review) is optional but strongly encouraged as a highly recommended step that will speed the review process and may result in lower costs for the project. These steps shall be followed sequentially, and may be combined only at the discretion of the township.
1) 
Pre-application meeting.
2) 
Existing resources and site analysis plan, as described in part 5 of this chapter.
3) 
Site inspection by planning commission and applicant.
4) 
Pre-sketch plan conference.
5) 
Sketch plan submission and review (optional step).
6) 
Preliminary plan submission and review: determination of completeness; preliminary resource conservation plan and sewage planning module submission; review by township and county planning commissions, township engineer and county health department; and decision by board of supervisors on advice of the municipal planning commission. (Cluster development shall adhere to the four-step design process described in section 22-403A and appendix J.)
7) 
Final plan, preparation: Incorporation of all preliminary plan approval conditions, documentation of all other agency approvals, as applicable.
8) 
Final plan, submission: determination of completeness, review, and decision by board of supervisors.
9) 
Board of supervisors' signatures.
10) 
Recording of approved detailed final plan with county recorder of deeds.
(b) 
Sketch plan, as described in sections 22-403 and 22-501.
(c) 
Preliminary plan, as described in sections 22-405 and 22-502.
(d) 
Final plan, as described in sections 22-405 and 22-503.
(e) 
At the time of board approval of an application for a preliminary plan, the board may waive the requirement that the plan be resubmitted as a final plan. Said preliminary plan may be labeled and approved as a final plan if all of the following conditions be met:
1) 
The preliminary plan shall comply with the provisions of section 22-503.
2) 
No public improvements are proposed or required.
a) 
All supplementary information, certificates, agreements, and permits required for approval of a final plan shall accompany the preliminary plan and shall be complete and acceptable.
b) 
No changes or additions to the plan or supplementary material would be required before final plan approval could be given and no further review by any officer or agency would be required as a result of any conditions of approval set by the board.
c) 
The subdivision officer shall certify that exactly the same plan and all other materials that have been reviewed and considered for approval would be those required to be submitted again as a final plan.
d) 
The planning commission shall recommend that the preliminary plan be approved as a final plan.
(f) 
When an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section not constitute approval of the future subdivision shown thereon.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001]
1. 
Applicability. A diagrammatic sketch plan is strongly encouraged for all proposed minor or major subdivisions. Sketch plans, as described in section 22-501, shall be submitted to the township for review by the planning commission. Such plans are for informal discussion only submission of a sketch plan does not constitute formal filing of a plan with the township, and shall not commence the statutory review period as required by the Municipalities Planning Code. The procedures for submission of a sketch plan are described in section 22-404 below, and may be altered only at the discretion of the township.
2. 
Pre-Application Meeting. A pre-application meeting is encouraged between the applicant the site designer, and the planning commission (and/or its planning consultant), to introduce the applicant to the township zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings, and plan submissions as described below. Applicants are also encouraged to present the existing resources and site analysis plan at this meeting.
3. 
Existing Resources and Site Analysis Plan. Applicants shall submit an existing resources and site analysis plan, prepared in accordance with the requirements contained in part 5. The purpose of this submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This plan shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the diagrammatic sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).
4. 
Site Inspection.
A. 
After preparing the existing resources and site analysis plan, applicants shall arrange for a site inspection of the property by the planning commission and other township officials, and shall distribute copies of said site analysis plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the planning commission.
B. 
The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues and to provide an informal opportunity to discuss site design concepts, including the general layout of designated open space (if applicable), and potential locations for proposed buildings and street alignments. Comments made by township officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.
5. 
Pre-Sketch Conference. Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the planning commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design process for cluster developments with required open space, as described in subsection 22-403A below. At the discretion of the commission, this conference may be combined with the site inspection.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001; Ord. No. 105, 4/13/2005]
1. 
Five-step design process. Following the natural resource inventory and analysis, as required by part 5, all residential subdivisions with required open space shall follow a five-step design process as described below. Applicants shall be required to document the design process during the sketch plan and preliminary plan review process.
A. 
Step 1: Delineation of Conservation and Development Areas. Conservation and development areas shall be delineated according to the following procedure:
(1) 
All lands deducted from the gross tract area to determine net tract area, i.e., floodplains, wetlands and slopes over 25% shall be delineated in their entirety as "primary conservation areas."
(2) 
The locations and boundaries of "primary conservation areas" shall follow the actual boundaries of floodplains, wetlands and slopes.
(3) 
In addition, "secondary conservation areas" shall be delineated to include slopes from 15 to 25%, and hydric soils as listed in appendix A.
(4) 
The locations and boundaries of "secondary conservation areas" shall be based upon the applicant's analysis of the tract's resources, in accordance with part 5 and section 22-618 and with part 27 of the zoning ordinance [chapter 27]. The applicant shall also be guided by any written recommendations provided by the township regarding the delineation of "secondary conservation areas" lands, following a site inspection and pre-sketch conference.
(5) 
Development areas constitute the remaining lands of the tract outside of the primary and secondary conservation areas that are designated for open space. Development areas are where house sites, roads and lots are to be delineated in accordance with steps 2—4 below.
B. 
Step 2: Location of House Sites. Applicants shall identify house locations in the tract's designated development areas, designed to fit the tract's natural topography, served by adequate water and sewerage facilities, and provide views of and access to adjoining open space. Houses that abut required open space shall be located no closer than 100 feet and 50 feet from primary and secondary conservation areas, respectively.
C. 
Step 3: Alignment of Roads and Trails.
(1) 
With house locations identified, applicants shall delineate a road system to provide vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe pattern of circulation and ingress and egress to and from the tract.
(2) 
Roads shall avoid or at least minimize adverse impacts on the open space. Wetland crossings and new roads or driveways traversing slopes over 15% shall be avoided.
(3) 
A tentative network of trails shall also be shown, connecting roads with natural and cultural features in the designated open space. Potential trail connections to adjacent parcels shall also be shown, in areas where a municipal trail network is envisioned.
D. 
Step 4: Location of Stormwater Management Facilities. The stormwater management facilities should be located so as to maximize the potential for infiltration. Preference shall be given to soils identified as A/B type soils in the "Soil Survey of Chester and Delaware Counties, Pennsylvania" by the Soil Conservation Service. If the applicant can demonstrate that the required amount of infiltration is not feasible, then locations for wet detention facilities shall be considered. Infiltration facilities shall be planned to provide a maximum ratio of 8:1 between the contributing drainage area and the infiltration bed surface area for contributing areas consisting of pervious land cover. A maximum ratio of 5:1 shall be provided for contributing areas consisting of impervious land cover. Therefore, for every one acre of infiltration bed area, no more than eight acres of pervious area or five acres of impervious area can be directed to that one acre of infiltration bed area. Contributing drainage areas containing both pervious and impervious areas shall be calculated on a weighted basis.
E. 
Step 5: Design of Lot Lines. Lot lines for the subdivision should be drawn as the last step in the design procedure. They should follow the configuration of house sites and roads in a logical manner.
2. 
Four-step design process is illustrated in appendix J.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001; Ord. No. 87, 11/12/2003]
1. 
Copies of a diagrammatic sketch plan, meeting the requirements set forth in section 22-501, shall be submitted to the township during business hours for distribution to the board, the planning commission, the township engineer and applicable consultants and municipal advisory boards, no fewer than five working days prior to the planning commission meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for open space, trails, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis plan. Cluster development shall also be designed in accordance with the four-step design process described in subsection 22-403A, and with the design review standards listed in part 6, herein.
2. 
The planning commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable township ordinances. Their review shall informally advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter, and may suggest possible plan modifications that would increase its degree of conformance. Their review shall include but is not limited to:
A. 
The location of all areas proposed for land disturbance (e.g., streets, foundations, yards, septic disposal systems, stormwater management areas) with respect to notable features of natural or cultural significance as identified on the applicant's existing resources and site analysis plan.
B. 
The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels.
C. 
The location of proposed access points along the existing road network.
D. 
The proposed building density and impervious coverage.
E. 
The compatibility of the proposal with respect to the objectives and policy recommendations of the comprehensive plan and the open space plan.
F. 
Consistency with the zoning ordinance [chapter 27].
3. 
The purpose of the sketch plan shall be limited to the informal review and discussion and shall not be formally approved or disapproved. Comments of the board and the planning commission shall be advisory in nature and shall not be legally binding upon those bodies or their individual members.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001; Ord. No. 70-K, 12/5/2001; Ord. No. 87, 11/12/2003]
1. 
Applicants who have not submitted a sketch plan shall complete a pre-application meeting, existing resources and site analysis plan and site inspection as set forth in subsection 22-402.B.2 and section 22-403.
2. 
All plans being submitted for review by the township shall be presented to the township parks and recreation board, who shall classify them as preliminary or final. All applications officially received by the township parks and recreation board shall be complete as defined hereunder. Under no circumstances shall the township parks and recreation board be compelled to accept an incomplete application.
3. 
A complete application shall include the following:
A. 
All required plans and supporting documentation to be reviewed by the planning commission and subsequently approved or disapproved by the board.
B. 
A completed application form.
C. 
Three copies of the "planning module," and any other information required by the county health department at the time of submission.
D. 
Any and all additional documents or studies required by this chapter.
E. 
Full payment of the required processing fee. If a public hearing is required, the fee for such hearing only shall not be required at this time, but must be paid prior to said hearing.
4. 
Complete applications shall be accepted by the subdivision officer more than 20 calendar days and fewer than 30 calendar days prior to the next regularly scheduled meeting of the planning commission.
5. 
Upon official receipt of the complete application, the subdivision officer shall present the applicant with a receipt indicating the date upon which the complete application was received the date of the next regularly scheduled meeting of the planning commission, the amount of fee received, and the signature of the subdivision officer.
6. 
The township shall have 90 calendar days within which to render approval, conditional approval, or disapproval of a proposed subdivision or land development. The first day of this ninety-day period shall be the day of the first regularly scheduled meeting of the planning commission subsequent to the receipt of a complete application by the subdivision officer, or 30 calendar days following the receipt of the plan, whichever comes first.
7. 
The planning commission shall initially review all plans to determine conformance with the provisions of this chapter, shall recommend approval, conditional approval, or disapproval of the plan by the board of supervisors, and shall submit its findings in writing to the board. The parks and recreation board shall review all sketch plans, preliminary plans, and final plans with respect to matters of open space, recreation lands and facilities, trails, and sidewalks, and shall advise the planning commission, in writing, of its findings and recommendations consistent with the time requirements of this section.
8. 
The board of supervisors shall approve, conditionally approve, or disapprove a proposal subsequent to the decision of the planning commission at a public meeting, not necessarily the regularly scheduled public meeting, and shall consider the comments and concerns of the planning commission, the township engineer, the county planning commission, the county health department, the county soil and conservation district office, and any other advisory or regulatory body having an interest in the proposal at hand. Decisions shall be rendered by day 90 of the ninety-day review period.
9. 
Extension(s) granted to the ninety-day review period shall require mutual agreement by the township and the applicant. No single extension shall exceed 90 days.
10. 
Where development is projected over a period of years, the board of supervisors may authorize submission of plans and may review such plans by section or phase of development. In such cases, the planning commission or board of supervisors shall require that a preliminary plan be submitted for the entire development.
11. 
Modification of an approved plan, as determined by the township shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease and all site disturbance activity performed prior to such resubmission shall be established to the satisfaction of the township pending approval of modified plans. All disturbed areas shall be stabilized until site work resumes.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001; Ord. No. 70-K, 12/5/2001; Ord. No. 167, 4/6/2011]
1. 
The applicant shall submit sufficient copies of the preliminary plan for all proposed subdivisions or developments of land to the township parks and recreation board, who shall distribute them to the following officials and agencies for their review and comment:
A. 
One copy to the planning commission.
B. 
One copy to the zoning officer.
C. 
Two copies to the township engineer.
D. 
Two copies to the county health department.
E. 
One copy to the county planning commission.
2. 
Additional copies of the preliminary plan, to be supplied by the applicant, shall be distributed by the subdivision officer to the following entities as may be required by the nature or design of the proposal, or as may be required at the reasonable discretion of the township:
A. 
When a proposed subdivision or land development abuts or extends into another municipality, one copy of the plan shall be sent to said municipality.
B. 
When new streets are proposed, one copy of the plan shall be sent to the fire company having jurisdiction, so that it may comment upon street alignment, width and fire hydrant locations.
C. 
When public water supply or sewage disposal is to be provided, one copy of the entire plan shall be sent to the township municipal authority. For major subdivisions of over four lots, plan submission will include a separate sheet with public water and sewage plans.
3. 
The applicant shall be responsible for distributing copies of the plan to the following entities, as required by law and the nature of the proposal:
A. 
When a proposed subdivision or land development abuts or is traversed by an easement or right-of-way belonging to a public utility, one copy of the plan shall be sent to each public utility so affected.
B. 
When a proposed subdivision or land development proposes access to any utility, one copy of the plan shall be sent to each such utility.
C. 
One copy to the county soil and water conservation district office when review is requested by the township or when any earth moving activity is anticipated.
D. 
When a proposed driveway or proposed street crosses a stream or traverses a floodplain, when runoff is to be diverted into a wetland area, or when backfilling in a floodplain or wetland is proposed, filing in a floodplain or wetland is proposed, three copies of the plan shall be sent to the Pennsylvania Department of Environmental Protection.
4. 
Additional copies of the plan may be required by the township for any of the agencies specified in this section, or for any agency or entity not so listed but having an interest in the proposed subdivision or land development.
5. 
The preliminary plan shall conform to the four step design process as set forth in subsection 22-403A, whenever cluster development is proposed.
[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001]
1. 
Approval of the preliminary plan in writing, subject to conditions, revisions, and modifications as stipulated by the board shall constitute preliminary approval of the subdivision or land development as to the proposed features and detail shown on the plan.
2. 
If the preliminary plan is not approved as submitted, the decision of the board shall specify the defect(s) found in the plan, shall describe the requirement(s) which have not been met, and shall cite in each case the provision(s) of this chapter(s) relied upon.
[Ord. No. 70, 7/16/1990]
1. 
The final plan and necessary supporting data shall be submitted to the subdivision officer for distribution and final approval within one year of the approval by the board of supervisors of the preliminary plan. Failure to submit within this time shall render null and void the approval of the preliminary plan. The applicant may, due to extenuating circumstances or phased plans, apply for and receive a time extension from the board of supervisors, the duration of each extension not to exceed one year.
2. 
Copies of the final plans and all appurtenant information shall be distributed by the subdivision officer as described in section 22-406.
3. 
When new housing units are proposed, one copy of the final plan shall be sent by the township to the Avon Grove School district office.
[Ord. No. 70, 7/16/1990; Ord. No. 167, 4/6/2011]
1. 
The final plan shall conform in all important respects to the preliminary plan as previously reviewed by the board of supervisors and shall incorporate modifications and revisions specified by the board in its conditional approval of the preliminary plan.
2. 
The final plan and supporting data (including reports from the Pennsylvania Department of Environmental Protection the county health department, the county soil conservation service, and the county planning commission) shall comply with the provisions of this chapter. Failure to do so shall be cause for tabling the plan.
3. 
If the final plan is not approved as submitted, the decision shall specify the deficiencies found in the plan, shall describe the requirements which have not been met, and shall, in each case, cite the provisions of this chapters relied upon.
[Ord. No. 70, 7/16/1990]
1. 
Upon approval of the final plan, all endorsements shall be indicated upon clean, legible paper copies of the proposal plan as approved. No subdivision plan may be legally recorded unless it bears the seal of the township.
2. 
Copies of the final plan as finally approved, with the endorsement of the board of supervisors shall be distributed as follows:
A. 
At least four copies shall be returned to the applicant. These shall be presented by the applicant for endorsement to the county planning commission, which shall retain one copy. The remaining three copies shall be presented to the county recorder of deeds.
B. 
One copy of the plan along with one copy of all supporting materials shall be retained by the subdivision officer.
C. 
One copy to the township engineer, as may be required by the township.
D. 
One copy to the township zoning officer.
3. 
Within 90 days of final approval by the board of supervisors, the plan for subdivision shall be presented for recording by the applicant in the office of the county recorder of deeds. If the plan is not recorded within this period, the approval of the board of supervisors shall be null and void unless an extension of time is granted in writing by the township upon written request of the applicant.
4. 
If any deed restrictions, covenants, or easements are included in the filing and recording of the subdivision, the applicant shall notify the township planning commission in writing of such restrictions on the use of the properties being recorded.
[Ord. No. 70, 7/16/1990; Ord. No. 87, 11/12/2003]
1. 
The applicant shall execute an agreement, to be approved by the township pending review by the township solicitor, before the final plan is released by the board of supervisors and filed on record. Within said agreement:
A. 
The applicant shall agree to lay out and construct all streets and other public improvements, including grading, paving, sidewalks, trails, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas, and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required by this chapter or as conditions of approval.
B. 
The applicant shall guarantee completion of all improvements by means of a type of financial security acceptable to the township, in accordance with part 8 of this chapter.
C. 
The applicant shall agree to have prepared a deed or deeds of dedication to the township for such streets, easements for sanitary and storm sewers and other public improvements which the township agrees to accept, provided that the township shall not accept dedication of such improvements until their completion is certified as satisfactory to the township engineer.
D. 
The township shall be a party to all deed restrictions.
E. 
Applicant agrees to own and operate or set up a homeowner's association which will operate and maintain all stormwater facilities, sidewalks and all other public improvements which the township will not accept.
[Ord. No. 70, 7/16/1990; Ord. No. 87, 11/12/2003; Ord. No. 167, 4/6/2011]
1. 
No construction or land disturbance activities shall be commenced until the applicant submits to the township secretary a copy of the recorder of deeds' receipt for recording of the final plan. Soil and percolation testing, well drilling, and similar engineering or surveying activities are exempted from this restriction.
2. 
No application for a building permit under the township zoning ordinance [chapter 27] shall be submitted, nor shall any building permit be issued under the township zoning ordinance [chapter 27] for any building in any subdivision or land development, nor shall any building be erected in any subdivision or land development, nor shall any work be done on any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved as provided for and recorded.
3. 
No building permit shall be issued until a copy of the title search to the subdivided lots has been submitted to the township.
4. 
Where an approved subdivision or land development plan features new streets, multi-use arterial trails, and/or bikeways, no building permit shall be issued until all elements of such streets, multi-use arterial trails, and/or bikeways within the subdivision or land development (or phase thereof where construction has been approved in phases) have been completed, as specified in sections 22-613 and 22-616. The township shall not be required to accept such streets as public responsibility until the wearing course has been installed to the satisfaction of the township, in accordance with part 9 of this chapter.
5. 
Where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been met.
6. 
No water system or sewer system, including extensions to existing or proposed township systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection and from any applicable federal or local agencies.
7. 
The cost of call-backs for the township engineer will be borne by the applicant, for site observations or office conferences, at a rate set by the township engineer.