Borough of West Chester, PA
Chester County
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Table of Contents
Table of Contents
The Zoning Officer shall provide for the orderly receipt and processing of plans. His duties shall require him to:
A. 
Administer the requirements 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 Borough Council for their action.
B. 
Be available by appointment at reasonable hours when applicants may obtain applications, written information on procedures and related chapters and may file applications and pay fees for the consideration of subdivision and land development plans.
C. 
Maintain files of the necessary forms, information and chapters for distribution and/or sale to applicants.
D. 
Receive applications and subdivision and land development plans.
A. 
Council shall prescribe and make available to applicants a form upon which all applications for approval of subdivision and land development plans shall be made.
B. 
Subdivision and land development application fees shall be fixed by the Borough Council by resolution. In addition to such fees, all disbursements by the Borough incident to plan review, approval and inspection of construction, including but not necessarily limited to engineering fees, inspection fees, costs of material or site testing and any maintenance costs prior to acceptance of improvements by the Borough, shall be reimbursed to the Borough by the applicant on the basis of the Borough's actual cost.
C. 
All such reimbursement for costs expended prior to the establishment of the applicant's performance guaranty shall be made prior to the issuance of any permits. All such reimbursements for costs expended during construction shall be made out of escrow funds established as the performance guaranty on a monthly basis.
D. 
The Zoning Officer shall determine the completeness of any application in accordance with this chapter and shall note the date of filing on the application.
A. 
For purposes of procedure, all applications shall be classified as either minor or major:
(1) 
Minor. Any subdivision in which:
(a) 
No street is to be constructed or widened;
(b) 
No other public improvement, i.e., intended to be dedicated to the Borough, is to be constructed;
(c) 
No land disturbance activities will take place except those incidental to construction of a single-family dwelling on each lot; and
(d) 
No more than three (3) lots are created.
(2) 
Major:
(a) 
Any subdivision other than a minor subdivision.
(b) 
Any land development that does not involve subdivision.
B. 
Major applications shall be subject to all review procedures specified in this chapter.
C. 
Where an application qualifies as a minor subdivision under the terms of this section, the applicant may, at his discretion, seek approval according to the following procedures:
(1) 
A preliminary plan, complying with the content requirements of § 97-45 of this chapter (i.e., in no greater detail than that which is suggested for a sketch plan), shall be submitted and reviewed in accordance with § 97-14 of this chapter that are otherwise applicable to sketch plans; the requirements and procedures of § 97-13 shall be waived, except that written comments on the plan shall be presented by the Planning Commission to the applicant within the time period specified in § 97-14B of this chapter.
(2) 
A final plan shall be submitted and reviewed in accordance with the applicable provisions of § 97-15. As part of the final plan review process, copies shall be sent to the relevant county agencies applicable to preliminary plans in § 97-14A of this chapter.
D. 
In the case of a minor plan as determined by this section, Borough Council, at its sole discretion, may waive certain of the design standards in Article IV of this chapter that are otherwise applicable to plans submitted for subdivision approval. In general, such waivers shall be in relation to standards for streets and other public improvements required for a major subdivision.
It is the intention of the Borough Council in enacting these procedures to provide the applicant with a timely and comprehensive review of plans submitted for subdivision and/or land development. To this end, the following classifications of plans are established as hereinafter provided:
A. 
Sketch plans.
B. 
Preliminary plans.
C. 
Final plans.
A. 
Submission.
(1) 
It is suggested that all applicants for subdivision or land development submit a sketch plan to the Borough Planning Commission for review prior to submission of a formal application. Submission of a sketch plan is not mandatory, nor does it constitute a formal subdivision or land development application.
(2) 
Sufficient copies of the sketch plan may be submitted to the Zoning Officer for distribution to the Planning Commission and Borough Engineer prior to the Planning Commission meeting at which the sketch plan is to be discussed.
(3) 
The applicant is strongly urged to consult §§ 97-36 and 97-37 prior to submission of the sketch plan, in order to ensure that the proposed subdivision or land development will be compatible with the requirements of those sections.
(4) 
At the discretion of the Borough, the applicant may be advised to consult with the Chester County Soil and Water Conservation District concerning erosion and sediment control and the effect of geologic conditions on the proposed development.
B. 
Review.
(1) 
The Planning Commission shall, at a regular meeting at which time the applicant's attendance is encouraged, consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing and compatibility of the plan with the Borough Growth Management Plan. The Borough may require that the owners of all lands directly adjacent to the subject tract, as well as any other landowner deemed by the Borough to be potentially affected by the proposed development, be notified by the applicant, by letter, of the meeting and its purpose. Based on this review, the Planning Commission shall submit its written comments to the applicant; provided, however, that the failure of the Planning Commission to submit comments in writing shall not be deemed to be an approval of an application or to vest any rights in the applicant.
(2) 
The applicant may, but need not, request further review of the sketch plan by Borough Council. If further review is requested, Council may consider the sketch plan, may consider the written or other comments of the Planning Commission and may advise the applicant as to Council's comments with respect to the sketch plan; provided, however, that Council is not required to review the sketch plan nor to submit comments to the applicant if Council does review the sketch plan.
(3) 
Nothing herein contained, nor the failure of the Planning Commission or Borough Council, or both, to proceed or act in accordance with this subsection, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any applicant.
A. 
Submission.
(1) 
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of this chapter and shall, in addition, conform to such administrative regulations of Borough Council as may have been adopted by Council at any time or from time to time and shall be in effect and applicable to the submission at the time such submission is initiated.
(2) 
Official submission of a preliminary plan to the Zoning Officer shall consist of:
(a) 
Seven (7) copies of the application for review of a preliminary subdivision or land development plan on the form promulgated by the Borough for this purpose.
(b) 
A sufficient number of copies (as specified on the application form) of the preliminary plan and all supporting plans and information to enable proper distribution and review, as required by Borough Council.
(c) 
Payment of application fees and deposit of escrow for plan review cost as per § 97-10.
(3) 
Copies of the preliminary plan and all required supplemental data initially shall be submitted to the Zoning Officer, together with the required fees and escrow deposit established in accordance with the terms of this chapter. The Zoning Officer shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit all have been submitted.
(4) 
Upon acceptance of a complete application, together with all required fees and escrow deposits, the Zoning Officer shall transmit the requisite number of copies of the plans and other required materials to the Borough Planning Commission and the Borough Engineer. In addition, copies shall be transmitted to:
(a) 
Chester County Planning Commission [one (1) copy and referral letter].
(b) 
Chester County Health Department [two (2) copies and referral letter] for review of matters relating to water management.
(c) 
Chester County Soil and Water Conservation District [one (1) copy], at the discretion of the Borough where it deems such consultation advisable, for review of matters relating to drainage and abatement of soil erosion. Any costs for such review shall be paid by the applicant.
(d) 
Such additional persons or agencies as the Borough shall determine.
B. 
Review.
(1) 
Borough Planning Commission.
(a) 
If the applicant wishes his plan to be discussed by the Planning Commission at its next scheduled meeting, the applicant shall so notify the Commission Chairperson, in writing, at least ten (10) days prior to the meeting date and request to be placed on the agenda. Owners of all lands directly adjacent to the subject tract, as well as any other landowners deemed by the Borough to be potentially affected by the proposed development, shall be notified by the applicant, by letter, of the meeting and its purpose.
(b) 
The Borough Planning Commission shall review all plans referred to it and shall consider any recommendations made by any county agency, the Borough Engineer and any other persons or entity who shall have submitted comments with respect to any such application.
(c) 
After such review, the Chairperson of the Planning Commission shall send written notice of the recommendation of the Planning Commission and the reasons therefor, citing specific sections of statutes or chapter relied upon, to the following:
[1] 
Borough Council.
[2] 
Applicant.
[3] 
Governing body of any adjacent municipality, if the proposed project includes land in that municipality or directly abuts its boundaries.
(2) 
Borough Council.
(a) 
When a preliminary plan has been officially submitted to the Borough Council by the Planning Commission, such plan shall be placed on its agenda for review and action.
(b) 
In acting on the preliminary subdivision or land development plan, the Council shall review the plan and the written comments of the Planning Commission, Borough Engineer, County Planning Commission and all other reviewing agencies and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable chapter. The Council may specify conditions, changes, modifications or additions to the application which the Council deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications or additions, citing appropriate chapter provisions as prescribed in Subsection B(2)(d) below.
(c) 
For the purposes of Section 508 of Act 170, the Borough Planning Commission is the body which first reviews any application. All applications for preliminary approval of a plan shall be acted upon by the Borough Council and communicated to the applicant within ninety (90) days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should said next regular meeting of the Planning Commission occur more than thirty (30) days following the filing of the application, said ninety- day period shall be measured from the 30th day following the day the application is filed.
(d) 
The decision of Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at his last known address not later than fifteen (15) days following the decision or by the end of said ninety-day period, whichever shall occur first. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the chapter relied upon.
(e) 
Whenever the approval of a preliminary plan is subject to conditions, including but not limited to the issuance of any necessary highway permits from the Pennsylvania Department of Transportation, the written action of Borough Council as prescribed herein shall specify each condition of approval, supported by a statement of a reason for the condition, including a citation to the provision involved where the condition is based on an chapter, statute or regulation and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time allotted to the Council for making and communicating its decision, as stipulated in § 97-14B(1)(a) above, Council shall be deemed to have denied approval.
A. 
Submission.
(1) 
The final plan shall conform to the terms of approval of the preliminary plan and to the most recent administrative regulations adopted by Borough Council.
(2) 
Council may permit submission of the final plan in sections, pursuant to the terms of Section 509 of Act 170.
(3) 
Official submission of a final plan to the Zoning Officer shall consist of:
(a) 
Seven (7) copies of the application for review of a final subdivision or land development plan on the form promulgated by the Borough for this purpose.
(b) 
A sufficient number of copies (as specified on the application form) of the final plan and all supporting plans and information to enable proper distribution and review, as required by Council.
(c) 
Payment of application fees and deposit of escrow for plan review cost.
(4) 
Copies of the final plan and all required supplemental data initially shall be submitted to the Zoning Officer, together with the required fees and escrow deposit established in accordance with the terms of this chapter. The Zoning Officer shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit all have been submitted.
(5) 
Upon acceptance of a complete application, together with all required fees and escrow deposits, the Zoning Officer shall transmit the requisite number of copies of the plans and other required materials to the Borough Planning Commission and the Borough Engineer. In addition, copies shall be transmitted to such additional persons or agencies as the Borough shall determine.
(6) 
Where the final plan is for a minor subdivision, the requisite number of copies shall be submitted to the County Planning Commission and other applicable agencies for their review as would be required of a preliminary plan pursuant to § 97-14 above.
B. 
Review.
(1) 
Borough Planning Commission.
(a) 
The Planning Commission shall review the final plan submitted and shall consider all recommendations of the Borough Engineer and any other reviewing agency submitting comments. Owners of all lands directly adjacent to the subject tract, as well as any other landowner deemed by the Borough to be potentially affected by the proposed development, shall be notified by the applicant, by letter, of the date and purpose of the meeting at which the plan will be reviewed.
(b) 
After such review, the Chairperson of the Planning Commission shall send written notice of the recommendation of the Planning Commission and the reasons therefor, citing specific sections of statutes or chapters relied upon, to Borough Council, the applicant and the governing body of any adjacent municipality if the proposed project includes land in that municipality or directly abuts its boundaries.
(2) 
Borough Council.
(a) 
When a written report on a final plan has been officially forwarded to Borough Council by the Planning Commission, such plan shall be placed on the agenda of Borough Council for review.
(b) 
Upon receipt of the Planning Commission's recommendation and other supporting information, Council shall, at one (1) or more regular or special public meetings, review the final plan and shall, within the time limitations set forth hereinbelow, either approve or disapprove the plan. Notwithstanding the foregoing procedure, Council shall render a decision on all final plans and communicate it to the applicant not later than ninety (90) days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should said next regular meeting occur more than thirty (30) days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application has been filed.
(c) 
The decision of Council shall be in writing and shall be communicated to the applicant personally or mailed to him at this last known address not later than fifteen (15) days following the decision or by the end of said ninety-day period, whichever shall occur first. The form and content of the decision shall comply with applicable requirements of Act 170, Section 508.
(d) 
Copies of the final plan as finally approved, with the appropriate endorsement of Borough Council and the Borough Engineer, shall be distributed as follows:
[1] 
At least seven (7) copies, two (2) of which shall be recorded in accordance with Act 170.
[2] 
One (1) copy to the Borough Manager.
[3] 
Two (2) copies to the Borough Zoning Officer.
[4] 
One (1) copy to the Borough Engineer.
[5] 
One (1) copy to the County Planning Commission.
[6] 
One (1) copy to the County Health Department.
[7] 
Two (2) copies, one (1) of which shall be in a clear drafting medium such as Mylar (trademark), to be retained in the Borough files, together with one (1) copy of all supporting materials.
(3) 
Every final plan approval shall be subject to these further conditions:
(a) 
The applicant shall execute a subdivision and land development agreement in accordance with § 97-16.
(b) 
The applicant shall provide a performance guaranty in accordance with § 97-17.
(c) 
The applicant shall, if requested, tender a deed of dedication to the Borough for such streets, any and all easements for sanitary sewers, waterlines or storm sewers and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements and are required for the promotion of public welfare. After all streets, sidewalks, sewers and the like are completed, such completion will be certified satisfactory by the Borough Engineer. The Council shall require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Borough.
(d) 
Whenever the applicant is providing open space as part of the development or has agreed to restrict the property against further subdivision, an easement in perpetuity restricting such open space or other portions of the tract against further subdivision or development shall be executed between the applicant and the Borough or an organization acceptable to the Borough and shall run to the benefit of the Borough and lot purchasers in the subdivision or land development.
(e) 
Whenever the applicant is providing a fee in lieu of otherwise required open space, a note shall be placed on the final plan specifying the amount of the fee and the method to be used to secure and pay that amount, consistent with the terms of § 97-17A of this chapter.
(f) 
The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as the Pennsylvania Departments of Transportation and Environmental Resources, the Public Utility Commission and the Chester County Health Department.
A. 
The applicant shall execute an agreement, to be approved by the Borough before the final plan is released by Borough Council and filed on record. Said agreement shall specify the following, where applicable:
(1) 
The applicant agrees that he will lay out and construct all streets and other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas, erosion and sediment control measures and any other improvements in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval.
(2) 
The applicant agrees that he will offer for dedication any community sewage system or other utilities as provided in §§ 97-38 and 97-39B, respectively.
(3) 
The applicant guarantees completion of all improvements by means of a type of financial security acceptable to the Borough as specified in § 97-17 of this chapter.
(4) 
The applicant agrees to tender a deed or deeds of dedication to the Borough for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements, provided that the Borough shall not accept dedication of such improvements until their completion is certified as satisfactory by the Borough Engineer.
B. 
Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, Borough Council shall require the applicant to submit and also to record with the plan, a copy of an agreement made with Council on behalf of himself and his heirs and assigns and signed by him and which shall establish the conditions under which the street may later be offered for dedication and shall stipulate, among other things, that:
(1) 
An offer to dedicate the street shall be made only for the street as a whole.
(2) 
The Borough shall not be responsible for repairing or maintaining any undedicated streets.
(3) 
The method of assessing repair and maintenance costs of undedicated streets be stipulated and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
(4) 
The deeds to those lots abutting such street shall state that, if dedication is sought, the street shall conform to Borough specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with Borough specifications.
C. 
Where Council has granted final approval subject to certain conditions that limit or prescribe the future use or design of the property, e.g., restrictions against future subdivision, reservation of easement, stipulations on specific points of vehicular access from the property, Council shall require that the terms of such conditions be recorded as a separate document with the final plan and/or placed directly on any future deed or deeds to the property or applicable portions thereof.
A. 
The applicant shall deposit with the Borough financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater management basins, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in § 97-38 hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage collection and disposal facilities.
B. 
Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or surety bond from a financially responsible bonding company or such type of financial security which the Borough may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that said bonding company or lending institution is deemed acceptable by the Borough in terms of being financially responsible, is authorized to conduct business within the commonwealth, stipulates that it will submit to Pennsylvania jurisdiction and Chester County venue in the event of legal action and will, at the time of giving the bond, designate its agent for accepting service in Pennsylvania.
C. 
When requested by the developer, in order to facilitate financing, Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. The final plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within ninety (90) days, unless a written extension is granted by Council.
D. 
Said financial security shall provide for and secure to the public the completion of all subdivision improvements for which such security is being posted, on or before the date fixed in the formal action of approval or the subdivision agreement for completion of such improvements.
E. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to one hundred ten percent (110%) of the cost of completion, estimated as of ninety (90) days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual costs of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security in order to assure that the financial security equals said one hundred ten percent (110%). Any additional security shall be posted by the developer in accordance with this section.
F. 
The amount of financial security required shall be based upon an estimate of the cost of completion for the required improvements, submitted by an applicant or developer and prepared by a professional engineer and certified by such engineer to be a fair and reasonable estimate of such costs. Borough Council, upon recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.
G. 
If the party posting the financial security requires more than one (1) year from the date of posting of the financial security to complete the required improvements, the amount of financial security shall be increased by an additional ten percent (10%) for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred ten percent (110%) of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the procedures prescribed in this section.
H. 
In the case where development is projected over a period of years, Borough Council may authorize submission of final plans by section or stage of development, subject to such requirements or guaranties as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development and consistent with the terms of Section 509 of Act 170.
I. 
If water mains or sanitary sewer lines or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
J. 
As the work of installing the required improvements proceeds, the party posting the financial security may request Borough Council to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to Borough Council, and Council shall have forty-five (45) days from receipt of such request within which to allow the Borough Engineer to certify, in writing, that such portion of the work upon the improvements have been completed in accordance with the approved plans. Upon such certification, Council shall authorize release by the bonding company or lending institution of an amount estimated by the Borough Engineer to fairly represent the value of the improvements completed. The Borough Engineer shall not, in certifying the completion of work for a partial release, be bound to the amount requested by the applicant, but shall certify to Council his independent evaluation of the proper amount of partial releases. Council, prior to final release at the time of completion and certification by the Borough Engineer, shall require retention of ten percent (10%) of the estimated cost of the aforesaid improvements as per § 97-50 of this chapter.
A. 
Endorsement; medium.
(1) 
After completion of the procedures required by this chapter, Council persons shall place their endorsements on the record plan and drainage plan that is prepared in accordance with Chapter 94 and as many other copies of the final plan as may be desired or requested. The record plan and drainage plan shall be signed by the President of Borough Council and Secretary, and the Borough Seal shall be affixed to the plan. No subdivision or land development plan or drainage plan may be legally recorded unless it bears Borough endorsement indicated by the signatures as stated herein.
[Amended 3-17-2004 by Ord. No. 7-2004]
(2) 
The record plan shall be a clear and legible black-on-white or blue-on-white print on Mylar (trademark) or other clear drafting medium acceptable to the Recorder of Deeds.
B. 
After the plan has been endorsed by Borough Council members, the record plan shall be submitted by the subdivider or his agent to the County Planning Commission for endorsement. No subdivision or land development plan may legally be recorded unless it has been endorsed by the County Planning Commission.
C. 
Within ninety (90) days of approval of the final plan by Borough Council, such plan shall be recorded by the applicant in the office of the Recorder of Deeds of Chester County.
A. 
Water, sewer and erosion control permit. No system extension to existing or proposed Borough sewer systems shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Resources or from federal or local agencies as required and filing a copy of the same with Council. Where an erosion and sedimentation control permit is required, no grading shall commence until such permit is issued and a copy of said permit is filed with Council.
B. 
Building permits. No application for a building permit under Chapter 112, Zoning, of the Code of the Borough West Chester shall be submitted and no building permit under Chapter 112, Zoning, of the Code of the Borough West Chester shall be issued for any building in any subdivision or land development and no building shall be erected in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for said subdivision or land development have been approved as provided for and, where required, recorded and the Zoning Officer has been notified of the approval. Notification to the Zoning Officer shall be in the form of a copy of the approved plan for his files and, where recording of the plan is required, the affixing of a copy of the Recorder of Deeds' receipt to the approved plan.
A. 
No construction or land disturbance activities (not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced until the applicant submits to the Zoning Officer a copy of the Recorder of Deeds' receipt for recording of the final plan.
B. 
No application for a building permit under Chapter 112, Zoning, shall be submitted and no building permit under Chapter 112, Zoning, shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for said subdivision or land development have been approved and recorded as provided for and until the terms of § 97-18 hereof have been satisfied. Further, 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 complied with.
C. 
No water system or sewer system, including extensions to existing or proposed Borough systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Resources or from federal or local agencies, as required.
The landowner and/or developer shall notify in writing all builders and/or contractors that they shall perform all work in accordance with the regulations and requirements of this chapter and such other Borough chapters, codes, regulations, plans and maps as shall be applicable thereto. Such notification shall be submitted to the Borough prior to construction and placed on file.
A. 
The continuing validity of any approval of plans in accordance with this Article shall be subject to those limitations established by Section 508 of the Pennsylvania Municipalities Planning Code, as amended.
B. 
If the landowner or developer of an approved land development or subdivision plan seeks to extend the five-year period referenced in Section 508 of the Municipalities Planning Code, he/it must submit a written request to Borough Council at least 90 days prior to the expiration of the applicable five-year period. Borough Council shall have the discretion to grant such extension and shall render a written decision and communicate it to the applicant prior to the expiration of the five-year period.
[Added 11-20-2002 by Ord. No. 10-2002]
Major modifications of the approved plan, as determined by the Borough shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease pending approval of modified plans.
For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.