City of Coatesville, PA Procedure

§ 197-9 General procedures.

Whenever any subdivision and/or land development is proposed and before any permit for the erection of a building shall be granted, the landowner or developer shall apply for and obtain approval of such proposed subdivision and/or land development in accordance with the procedures set forth herein for a preliminary plan and a final plan.

Whenever conditional use approval or a variance or a special exception is required for any use proposed or inherent in any proposed subdivision and/or land development, all applications therefor shall be filed and all plans, documents and other submissions required to accompany the same shall be filed with the City Council or Zoning Hearing Board, whichever is applicable, prior to filing for review of a preliminary plan for subdivision and/or land development approval.

Whenever the landowner or developer chooses to do so, a sketch plan may be submitted in accordance with the procedures for same set forth herein.

The applicant or his or her agent shall submit the required number of prints and accompanying information for each subdivision and/or land development plan to the City Manager 10 calendar days prior to the City Council meeting at which the plan may be discussed and/or reviewed.

Plans shall be accepted for review only when the application contains all plan requirements: a fully completed application form, a completed checklist (refer to the Appendix) and payment of fees in accordance with the fee schedule adopted by resolution by the City Council. The submission shall be reviewed by the City Manager or his or her representative to determine whether the submission is complete. If the submission is incomplete, the submission shall be returned to the applicant.

Plans shall be referred to the Planning Commission for advisory review prior to action by the City Council. Approval or disapproval by the City Council shall be in accordance with the procedures specified in this chapter and in the Pennsylvania Municipalities Planning Code. The City Council shall act on plans and notify the parties involved of its action within the time and in the manner as established by this chapter and the Pennsylvania Municipalities Planning Code. Each new or revised preliminary or final plan requiring an additional review shall be considered a new submission, and the requirements as to time of review and accompanying data required for each new or revised plan shall be as set forth in § 197-12K.

Whenever an application for a major subdivision and/or land development is proposed which may effect adjacent municipalities, reviews and reports from such municipalities may be solicited by the city.

Two phases are required in the procedure for approval of subdivision and/or land development plans: preliminary and final. These phases are required to enable the Planning Commission and the City Council to have an adequate opportunity to review the submission and to ensure that all recommendations are reflected in the final plan and that all ordinance requirements are addressed.

The table below indicates the required plans for the different types of plan submissions.

Plan Approval Phase
Type of Submission	Preliminary	Final
Major subdivision	Required	Required
and/or land development	Required	Required
Minor subdivision	Optional	Required

The specific procedures for all plans shall be in accordance with §§ 197-11, 197-12 and 197-13 and requirements in accordance with Articles IV, V, VI and VII.

All plan submissions must be accompanied by the following:

Plan Approval Phase
Required Plans/ Reports/Papers	Preliminary	Final
Title plan	Optional	Required
Conservation plan	Required	Required
Improvements construction plan and profile(s) plan	Required	Required
Construction detail plan	Required	Required
Stormwater management report	Required (feasibility demonstrated)	Required (complete report)
Impact assessment report	Required	Required

§ 197-10 Classification of major or minor subdivisions and/or land developments.

Major and minor subdivisions and/or land developments.

(1)

The determination of which subdivisions and/or land developments are major or minor shall be made in accordance with the following criteria:

	Major Subdivision and/or Land Development	Minor Subdivision and/or Land Development
	Any project involving a special exception, variance or conditional use approval
	Any project involving the construction of a street or alley, the widening of an existing street or alley or the installation of utilities
	Any industrial use
	Any project within the Floodplain District
	Commercial use 5,000 square feet or greater (gross floor area)	Commercial use less than 5,000 square feet (gross floor area)
	Institutional use 10,000 square feet or greater (gross floor	Institutional use less than 10,000 square feet (gross area) floor area)
	5 or more residential lots or dwelling units, either as part of a single subdivision or land development or as a a cumulative total over a 5-year period	4 residential lots or dwelling units or less, provided that the cumulative number of lots or dwelling units over a 5-five year period does not exceed 4
		Outdoor recreational use
	Residential conversions of 3 dwelling units or more	Residential conversions of 2 dwelling units or less
	Residential conversion to mixed/multiple uses (e.g., from all residential to residential and commercial)
	Lot line changes for 3 or more lots	Lot line changes for 2 lots, not involving any activity which would constitute a major subdivision or land development
	Home occupations within an accessory building detached from the principal permitted residential building	Home occupations within the principal permitted residential building

§ 197-11 Sketch plan.

A sketch plan for any proposed subdivision and/or land development, at the option of the landowner or developer, may be submitted to the city for review. The submission of a sketch plan does not constitute submission of an application for approval of a subdivision and/or land development plan. However, it does represent a basis for an informal discussion between the city and the landowner or developer which may prove to be valuable to the prospective applicant in formulating plans, documents and other submissions for preliminary plan approval. In the event that the landowner or developer submits a sketch plan, the following shall apply:

The applicant shall submit the required fees, a sketch plan checklist and 13 copies of the sketch plan to the City Manager at least 14 days prior to the Planning Commission meeting at which the plan may be reviewed. The City Manager shall forward the required number of the properly submitted sketch plan and required application form and checklist to the agencies as designated below:

(1)

One copy shall be retained by the City Manager for city files.

(2)

One copy shall be forwarded to the City Engineer for review and comment.

(3)

One copy shall be forwarded to the City Council.

(4)

Seven copies of the plan(s), documents and other submissions and one copy of the application form shall be used for informal review purposes by the Planning Commission.

(5)

One copy shall be forwarded to the City Fire Marshal.

(6)

One copy of the plan(s), documents and other submissions shall be forwarded to the City Code Administrator and one copy of the same to the Building Inspector for review and comment.

(7)

One copy shall be available for referral to other planning agencies or consultants.

In addition to furnishing copies of the sketch plan, the landowner or developer shall identify the name, address and telephone number of the holder of legal title to the land involved, the nature of the landowner's interest in the land (whether holder of legal or equitable title or otherwise) and the name, address and telephone number of the agent, if any. Such information shall be provided in writing.

The city may submit a copy of the sketch plan to the Chester County Planning Commission, which may provide an advisory recommendation to the City Planning Commission.

The Planning Commission shall review the sketch plan and shall indicate any and all review comments pertaining to the plan to the landowner or developer by written correspondence.

The Planning Commission's review shall take into consideration the requirements of this chapter and Chapter 224, Zoning, and pay particular attention to the following: the arrangement, location and width of streets and alleys and their relation to the topography of the site; the arrangement, size and location of lots and proposed structures, if any; drainage; sewage disposal and water supply; the relation of the subdivision and/or land development to the natural features of the site; the potential further development of adjoining lands which may not yet be subdivided; the compatibility of the sketch plan with the Comprehensive Plan; and the requirements set forth in Article IV pertaining to the sketch plan submission.

Neither the Planning Commission, City Council nor the applicant shall be bound by the sketch plan.

§ 197-12 Preliminary plan.

The preliminary subdivision and/or land development plan shall be prepared in accordance with this chapter, including this Article and Articles V and VII. When a preliminary plan is filed, the following shall apply:

The applicant shall complete and sign the application form provided by the city and shall accompany such application form with the type and number of plans, preliminary plan checklist, documents and other submissions required and the appropriate filing fee(s). The applicant must identify the name, address and telephone number of the record holder of legal title to the land involved (if different from the applicant), the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise) and the name, address and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees therefor paid in full.

Sixteen black-line or blue-line prints of the plans forming the preliminary plan and 14 neatly bound, clear and legible copies of all required documents and other submissions shall be submitted to the City Secretary to be distributed along with copies of the application form as follows:

(1)

One copy of the application form and other documents and one copy of the plan(s) and profiles shall be retained by the City Manager for city files.

(2)

One copy of the application form and other documents and one copy of the plan(s), documents and other submissions shall be forwarded to the City Engineer for review and comment.

(3)

One copy of the plan(s), documents and other submissions shall be forwarded to the City Council.

(4)

Seven copies of the plan(s) and seven copies of documents and other submissions shall be used for review purposes by the Planning Commission.

(5)

One copy of the plan and documents shall be forwarded to the City Fire Marshal.

(6)

One copy of the plan(s), documents and other submissions and one copy of the application form shall be forwarded to the Chester County Planning Commission for review and comment.

(7)

One copy of the plan(s), documents and other submissions shall be forwarded to the City Code Administrator and one copy of the same to the Building Inspector for review and comment.

(8)

Two copies of the plan and other documents and submissions shall be available for referral to other planning agencies or consultants.

Where any one or a combination of the following items is involved, additional sets of plans shall be required and submitted for the City Engineer and to the city:

(1)

Pumping stations.

(2)

Sewage treatment plants.

(3)

Public water supply systems.

(4)

Traffic control systems.

The preliminary plan and application for subdivision and/or land development shall be submitted at least 10 calendar days prior to the regular monthly public meeting of the City Council. If deemed a complete application, the preliminary plan shall be formally accepted by the City Council and the ninety-day review period shall commence at the next regularly scheduled Planning Commission meeting following the City Council meeting where formal acceptance was granted.

The City Engineer shall submit review comments on said plan by letter or memorandum to the Planning Commission with copies to the City Manager and the City Council.

The applicant shall notify the abutting owners that a preliminary plan proposed for the subject tract has been filed. Such notification shall occur at least 10 days prior to the meeting at which time the preliminary plan is to be presented to and discussed by the Planning Commission. Evidence of such notification in the form of a certified mail receipt shall be presented to the Planning Commission at said meeting.

The city shall request the Chester County Planning Commission to review the preliminary plan and submit an advisory recommendation report to the City Planning Commission.

The City Planning Commission may perform the following:

(1)

Review all applicable reports from the Chester County Planning Commission, City Engineer, City Planning Consultant, City of Coatesville Authority, Pennsylvania Department of Transportation, Chester County Conservation District and other reviewing agencies.

(2)

Discuss the submission with the applicant.

(3)

Recommend revisions so that the plan will conform to city ordinances.

The City Planning Commission shall perform the following:

(1)

Determine whether the preliminary plan meets the requirements of this chapter, Chapter 224, Zoning, and the Comprehensive Plan of the city; and

(2)

Recommend approval, approval with conditions or disapproval of the preliminary plan and communicate such by letter to the City Council and the applicant. In the case of a recommended disapproval, the Planning Commission shall indicate the specific deficiencies and the ordinance provisions which have not been met.

The City Planning Commission may not be prepared to review the application at its scheduled public meeting first following the date of filing, in which case the discussion of the application may be scheduled for a subsequent meeting.

During the course of the Planning Commission's review of the preliminary plan and prior to any action by the City Council within the required ninety-day period, the preliminary plan may be revised by the applicant as requested by the city. The submittal of a revised plan which involves change(s) requiring an additional review shall restart the required ninety-day period. Sixteen copies of any revised preliminary plan and accompanying data shall be submitted, which shall note the dates of any and all revisions and a summary of the nature thereof. The revised preliminary plan shall be submitted to the City Manager at least 10 calendar days prior to the regular monthly public meeting of the City Council. The revised preliminary plan shall be distributed by the City Manager on the basis as set forth in § 197-12B.

After a report on the preliminary plan has been submitted to the City Council by the Planning Commission, the City Council shall place such preliminary plan on its agenda for review and action.

Before acting on any preliminary plan, the City Council or the Planning Commission may hold a public hearing thereon after public notice.

City Council review.

(1)

The City Council shall, within the review period:

(a)

Review the recommendation of the City Planning Commission and other reviewing agencies.

(b)

Determine whether the preliminary plan meets the objectives and requirements of this chapter, other ordinances of the City of Coatesville and other applicable regulations.

(c)

Approve or disapprove the preliminary plan.

(2)

The City Council may make its decision to grant approval of a preliminary plan subject to conditions, changes or additions.

(3)

Whenever the City Council approves a preliminary plan subject to conditions, the applicant shall indicate, in writing, whether such conditions are accepted or rejected within 15 days of notification of the decision by the City Council. Any approval by the City Council subject to conditions which is not accepted or rejected by the applicant within the fifteen-day period shall be rescinded automatically.

(4)

In the case where the Planning Commission has concluded that the preliminary plan meets all requirements of a final plan, then, upon the recommendation of the Planning Commission, the City Council may consider the preliminary plan as a final plan and may act thereupon accordingly.

Approval of the preliminary plan shall constitute approval of the subdivision and/or land development as to the character and intensity but shall not constitute approval of the detail required of the final plan or authorize the sale of lots or construction of buildings.

If the preliminary plan is disapproved, the applicant, if he or she desires to proceed, shall file a revised preliminary plan following the same submission and review procedures required for the previous preliminary plan submission.

The City Council shall render a decision on every preliminary plan and communicate it to the applicant not later than 90 days following the date of the regular monthly public meeting of the Planning Commission next following the date of the meeting of the City Council where formal acceptance of the complete application was granted, provided that should the Planning Commission meeting occur more than 30 days following the filing of such application, said ninety-day period shall be measured from the 30th day following the day the complete application has been filed.

The decision of the City Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at the address shown on the application form not later than 15 days following the decision or at the end of the above-mentioned ninety-day period, whichever shall occur first.

In the event that the preliminary plan is not approved in terms as filed, the decision shall specify the defects found in the preliminary plan for subdivision and/or land development and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.

If the preliminary plan is approved by the City Council, the applicant may proceed to submit a final plan for approval as set forth in § 197-13 and Article VI.

A preliminary minor subdivision and/or land development plan, upon recommendation of the Planning Commission, may be permitted to proceed to a final minor plan submission in accordance with the comments of the Planning Commission and the City Council.

§ 197-13 Final plan.

The procedure for approval of final subdivision and/or land development plans shall be identical to the procedure as outlined for preliminary plans in § 197-12, except that:

Within one year after the date of approval of the preliminary plan, the applicant shall file a final plan and all supplementary information, data and documents, together with a completed and signed application form provided by the city and the appropriate filing fees, at least 10 calendar days prior to the regularly monthly public meeting of the City Council. No such application shall be deemed filed unless all requirements have been met and all fees therefor paid in full.

Unless an extension of time has been granted by the City Council upon written request of the applicant, a final plan filed after the one-year period shall be considered a new preliminary plan, which shall be required to comply with all preliminary plan application procedures of this chapter and shall be subject to a preliminary plan application fee.

The City Council may authorize submission of the final plan in sections, each covering approximately one-third (1/3) of the entire area proposed for subdivision and/or land development or one-third (1/3) of the number of buildings or other structures proposed for land development as shown on the approved preliminary plan, provided that the first final plan section shall be submitted within the aforementioned one-year period and the last final plan section shall be submitted within three years after the date of preliminary plan approval.

The final plan shall conform in all respects to the preliminary plan.

Sixteen copies of the plans, including the final plan checklist, documents and other submissions comprising the final plan shall be filed with the City Manager, who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in § 197-12B, provided that the required fees and financial security associated with the completion guaranty have been filed therewith.

The applicant shall prepare a planning module for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act.

The applicant shall submit a final plan that includes all the requirements set forth in Article VI.

As per § 197-9K, all final plan submissions must include the following plans:

(1)

Title plan (required).

(2)

Conservation plan (required).

(3)

Improvements construction plan (required).

(4)

Profile(s) plan (required).

(5)

Construction detail plan (required).

(6)

Stormwater management report.

(7)

Impact assessment report (as required in § 197-77).

Highway occupancy permits.

(1)

No plan which will require access onto a street or highway under the jurisdiction of the Pennsylvania Department of Transportation (PennDOT) shall be finally approved unless the plan contains a notice that a highway occupancy permit is required and has received preliminary approval from PennDOT pursuant to § 420 of Act 428 (P.L. 1242, No. 428), (36 P.S. § 670-420), as amended, known as the "State Highway Law," before access to a state road is permitted. The Department of Transportation shall, within 60 days of the date of receipt of an application for a highway occupancy permit:

(a)

Approve the permit, which shall be valid thereafter unless, prior to commencement of construction thereunder, the geographic, physical or other conditions under which the permit is approved change, requiring modification or denial of the permit; in which event, the Department shall give notice thereof in accordance with regulations.

(b)

Deny the permit.

(c)

Return the application for additional information or correction to conform with Department regulations.

(d)

Determine that no permit is required; in which case, the Department shall notify the city and the applicant in writing.

(2)

If the Department shall fail to take any action within the sixty-day period, the permit will be deemed to be issued. The plan shall be marked to indicate that access to the state street or highway shall be only as authorized by a highway occupancy permit. The Department shall not be liable in damages for any injury to persons or property arising out of the issuance or denial of a permit or for failure to regulate any access. Further, the city shall not be held liable for damages to persons or property arising out of the issuance or denial of a permit by the Department.

The City Council shall, within the review period:

(1)

Review the recommendations of the City Planning Commission and other reviewing agencies.

(2)

Determine whether the final plan meets the requirements of this chapter, other ordinances of the city and other applicable regulations.

(3)

Review the recommendations of the Department of Environmental Protection, if any, and determine whether the plan is in conformance with the city's Official Sewage Facilities Plan.[1]

[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(4)

Approve or disapprove the final plan. Approval of the final plan may include certain conditions of approval. Whenever the final plan is approved subject to conditions, the applicant shall indicate, in writing, whether such conditions are accepted or rejected within 15 days of notification of the decision by the City Council. Any approval by the City Council subject to conditions which is not accepted or rejected by the applicant within the fifteen-day period shall be rescinded automatically.

In the event that the final plan is not approved in terms as filed, the decision shall specify the defects found in the final plan and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.

The applicant, if he or she desires to proceed, shall file a revised final plan with the City Manager, following the same submission and review procedures required for the initial final plan submission.

If the final plan is approved:

(1)

Approval shall not be final until entry into contract and production of completion and maintenance guaranty as set forth in Article IX.

(2)

Six exact copies of the approved final plan shall be signed in accordance with § 197-15.

Approval of the final plan shall not authorize the sale or transfer of lots or the development of land until construction is permitted to commence in accordance with § 197-16, nor shall such approval constitute a waiver or release or assumption by the city of any requirements of any city ordinances, codes, regulations, plans or maps.

Every final plan approval shall be subject to the following conditions:

(1)

The applicant shall execute a subdivision and land development agreement in accordance with § 197-14, unless exempted as a minor plan submission.

(2)

The applicant shall execute a completion guaranty in accordance with Article IX where deemed applicable by the City Council.

(3)

The applicant shall tender a deed of dedication to the city, if requested by the City Council for public improvements, easements and other appurtenances and improvements thereto after such improvements are completed and such completion is certified as being satisfactory by the City Engineer.

(4)

The applicant shall be responsible for the filing with the city of copies of all required permits, approvals, agreements, clearances and the like from all required governmental agencies (such as the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection and/or the city), authorities and companies which may provide water supply or sewage disposal facilities and pipeline easement holders or others.

(5)

The applicant shall pay any fees which may be outstanding in accordance with Article XI, prior to the time when the final plan is signed by City Council.

(6)

The applicant shall be provide proof of recording the final plan in accordance with § 197-15.

§ 197-14 Subdivision and land development agreement.

Every applicant who seeks to obtain final plan approval, unless exempted as a minor plan, shall execute an agreement satisfactory to the City Solicitor before the final plan is signed by the City Council and recorded in accordance with § 197-15 respectively. The agreement shall include but need not be limited to the following:

That the applicant agrees that he or she will accurately lay out and properly construct all improvements and follow all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved or where any or all of these improvements or practices are required as conditions of approval; and that the applicant will file an as-built plan in accordance with § 197-17 to confirm the same.

That the applicant shall complete the improvements and engage in the practices as referenced in § 197-14A within the time or times specified by the City Council and in accordance with § 197-16.

That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the city as set forth in Article IX.

That the applicant agrees to tender a deed of dedication to the city if requested by the City Council for public improvements, easements and other appurtenances and improvements thereto, except that the city shall not accept any offer of dedication of the same by ordinance or resolution until their completion is certified as being satisfactory by the City Engineer and an as-built plan is submitted and approved by the city.

That the applicant shall pay the city all of its costs in connection with snow removal from the streets in the subdivision or land development that are to be offered for dedication until such time as such dedication is duly accepted by the City Council.

That the applicant shall comply fully with all of the terms and conditions of this chapter as the same relate to the subdivision or land development and all other city codes, ordinances, regulations, plans and maps.

That the applicant shall pay the city plan review fees, establish a three-party agreement and account for the creation, maintenance and/or inspection of improvements and pay the City of Coatesville Authority security and fees in lieu of or the park and recreational facilities required by this chapter.

That the applicant shall obtain all necessary permits as applicable, such as those from DEP, from PennDOT, building permit and from the Zoning Hearing Board.

That the applicant, in the event that any proposed street not be intended to be offered for dedication or not accepted by the City Council, shall accept stipulations which shall be noted on the final plan, such as the following:

(1)

That the city shall not be responsible for repairing or otherwise maintaining any undedicated streets.

(2)

That the method of assessing repair and maintenance costs of undedicated streets shall be established in recorded deed restrictions so as to be binding on all successors, assigns or grantees.

(3)

That, if dedication shall be sought at any time, the street shall conform in its entirety to city design standards for the same in all respects; or that the owners of the lots shown on the approved final plan, at their own expense, shall restore the street to conform with or otherwise render the street in conformance with such standards.

The subdivision and land development agreement shall be structured by the City Solicitor to include provisions relating to the above, as well as other matters pertaining to certificates of insurance, water and sewer availability, emergency access, a three-party escrow agreement and the like.

§ 197-15 Recording of final plan.

Within 90 days after the approval of the final plan by the City Council, the applicant executes the subdivision and land development agreement and the completion and maintenance guaranty, as set forth in Article IX, the applicant shall thereupon cause one copy of the final plan to be recorded in the office of the Recorder of Deeds in and for Chester County, Pennsylvania, and shall notify the City Council in writing, certified mail return receipt requested, of the date of such recording and the Plan Book and page in which the same has been recorded. Should the plan not be recorded within such period, the action of the City Council in approving the final plan shall be considered automatically rescinded.

The final plan to be recorded shall be an exact counterpart of the approved final plan and shall be filed with the Recorder of Deeds before proceeding with the sale of lots or construction of buildings or other structures or improvements.

(1)

Eleven prints of the completed and signed record plan shall be provided and distributed in the following manner:

	Number of Prints	Recipient
	1	Applicant
	1	Recording
	2	City files
	4	Chester County Planning
		Commission (3 of which are for the Recorder of Deeds office)
	1	City Engineer
	2	Attached to escrow agreement

(2)

The following information shall appear on the record plan, in addition to the information required in Article VI for the final plan:

(a)

The impressed seal of the surveyor who prepared the plan.

(b)

The impressed corporation seal, if the applicant is a corporation.

(c)

The impressed seal of a notary public or other qualified officer acknowledging the owner's statement of intent.

(d)

A statement to the effect that the applicant is the owner of the land proposed to be subdivided or developed and that the subdivision or land development shown on the final plan is made with his or her or their free consent and that it is desired to record the same.

(e)

The following signatures, placed directly on the plan in black ink:

[1]

The signature of the owner or owners of the land. If the owner of the land is a corporation, the signatures of the president and secretary of the corporation shall appear.

[2]

The signature of the notary public or other qualified officer, acknowledging the owner's statement of intent.

[3]

The signatures of the licensed professional engineer or surveyor who prepared the plan(s).

[4]

The signature of the City Engineer.

[5]

The signature of the chairperson or member of the City Council.

[6]

The signature of the City Manager.

(f)

The Chester County Planning Department stamp, certifying that it reviewed the final plan.

(g)

The City of Coatesville Seal, certifying approval.

Effect of recording.

(1)

After a subdivision or land development has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the Official Map of the city.

(2)

Streets, alleys, parks and other public improvements shown on a subdivision and/or land development plan to be recorded may be offered for dedication to the city by formal deed of dedication, and intent thereof shall be noted on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the city.

(3)

Every street, alley, park or other improvement shown on a subdivision and/or land development plan that is recorded, as provided herein, shall be deemed to be a private street, alley, park or improvement until such time as the same has been offered for dedication to the city and accepted, by resolution, and recorded at the office of the Recorder of Deeds of Chester County or until it has been condemned for use as a public street, alley, park or improvement.

Amendments to approved final plans. Proposed amendments to approved final plans shall be acted on in the same manner as the original approved plan.

§ 197-16 Commencement and completion of construction and improvements.

No construction shall be commenced until the city has issued building permits or other required permits.

No construction shall be commenced until the applicant files with the City Manager all permits, approvals, clearances and the like from government agencies (such as those from the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection and/or the city), authorities and companies which may provide water supply or sewage disposal facilities and pipeline easement holders or others.[1]

[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

The applicant shall commence construction of improvements within one year from the approval date of the final plan, unless approved otherwise by the City Council.

In the case where development is projected over a number of years, each section except for the last section shall contain a minimum of 25% of the total number of lots, dwelling units or buildings as depicted in the final plan, unless a lesser percentage is approved by the City Council.

A copy of the recorded plan shall be available at the construction site.

§ 197-17 As-built plan.

After final plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan prepared by an engineer or surveyor, showing the location, dimension and elevation of all improvements in accordance Articles VI and IX.

Said plan shall indicate that the resultant construction grading, drainage and soil erosion and sedimentation control practices are in conformance with the previously approved drawings and specifications. Said plan shall note any and all deviations from the previously approved drawings and specifications.

Two copies of the as-built plan shall be filed with the city, who shall distribute one copy to the City Council and one to the City Engineer.

The as-built plan shall be submitted before the final release of escrow funds for any major subdivision and/or land development.