A.
Application. Approval of a preliminary plan shall be prerequisite to the filing of a final plan with the Borough Planning Commission, except that the requirement for a preliminary plan approval may be waived following a preapplication conference (see Article IV), provided that the subdivision plan complies with the definition for a minor subdivision or that the subdivider does not contemplate further subdivision of the parcel, submits a scale drawing of the entire parcel which delineates the areas to be subdivided and complies with all requirements for final plans and includes information required in § 163-11 of this chapter.
C.
Action of the governing body. The governing body shall render its decision on the final plan and communicate its decision to the subdivider not later than 90 days following the regular meeting of the Planning Commission next following the date of application filing.
(1)
The decision of the governing body shall be in writing and shall be communicated to the applicant by certified or registered mail at his last known address not later than five days following the decision.
(2)
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements that have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the governing body to render a decision and communicate it to the applicant within the time and in the manner specified shall be deemed an approval of the application, unless the applicant has agreed, in writing, 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 like effect.
(4)
From the time an application for approval of a preliminary or final plan is duly filed as provided in this chapter and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in government regulations. When an application for approval of a plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval, within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
(5)
Before acting on any subdivision plan, the governing body may hold a public hearing thereon, after the public notice, and may notify surrounding property owners of such public hearing.
(6)
The governing body shall not give its final approval to a final plan until the County Planning Commission report is received or until the expiration of 30 days from the date the final plan application was forwarded to the county.
(7)
The governing body shall not give its final approval to a final plan prior to approval of required planning modules as specified by the Pennsylvania Department of Environmental Protection.
D.
Nature of approval. Approval of a final plan shall not constitute authorization to commence construction. Prior to construction start, all necessary permits, approvals, agreements and sureties must be secured by the developer.
E.
Title certificate. No final plan shall be approved by the governing body unless a certificate of title or other proof of a proprietary interest in the land on the part of the subdivider is furnished.