A. Final Plan Submission

Within one year after approval of the Detailed Preliminary Plan, a Final Plan and all supplementary data, together with an application form provided by the Township and filing fees shall be officially submitted to the Township Secretary. The Final Plan shall conform to the requirements set forth in Section 403. It shall also conform to the Preliminary Plan as previously reviewed by the Planning Commission and the Board, and shall incorporate all conditions set by the Township in its approval of the Preliminary Plan. No application shall be deemed filed unless all requirements have been met and all fees paid in full. However, those applications which do not involve site improvements shall only be required to submit a Record Final Plan. [Amended 6/10/91]

B. Final Plan Phases

The Board may permit submission of the Final Plan in phases, each covering a reasonable portion of the entire proposed development as shown on the approved Preliminary Plan; provided that the first Final Plan phase shall be submitted within one (1) year after approval of the Preliminary Plan. Each subsequent phase shall be submitted within one (1) year of approval of the previous phase, provided all phases have been submitted within three (3) years after the date of Preliminary Plan approval.

C. Extensions

Within one (1) year of the Board of Supervisors' approval of the preliminary plan, a final plan shall be submitted to the Township in conformity with this Ordinance. Unless an extension of time in writing has been granted by the Board of Supervisors upon written request, plans submitted after the one (1) year period shall be classified as a new preliminary plan.

D. Record Final and Improvements Construction Plans

The Final Plan shall consist of two parts: the Record Final Plan and the Improvements Construction Plan. The Final Plan shall conform to the approved Preliminary Plan and shall incorporate all modifications required by the Township in its review of the preliminary plan. [Amended 5/8/87]

E. Other Submission Requirements

Official submission of the Final Plan to the Township Secretary shall consist of submission requirements as laid out in Appendix B. The landowner shall submit to the municipality all required permits, approvals or waivers from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation, Environmental Protection or Public Utility Commission, U.S. Army Corps of Engineers or Department of Agriculture Soil Conservation District and the Chester County Health Department.

F. Minor Subdivisions

Where the Final Plan is for a minor subdivision, the applicant shall submit the plan in accordance with the requirements of Section 306 above.

G. General Review

1. The Final Plan shall conform in all important respects to the Preliminary Plan as previously reviewed and approved by the Board of Supervisors, and shall incorporate all modifications and revisions specified by the Board in its approval.

2. The Final Plan and supporting data (including reports from the Pennsylvania Department of Environmental Protection, the Chester County Board of Health, the Chester County office of the USDA Natural Resources Conservation Service, and the Chester County Planning Commission) shall comply with the provisions of this Ordinance and those of the zoning ordinance. Failure to do so shall be cause for denying the plan (or, in situations where only minor details are missing and when the official approval deadline allows, tabling the plan).

H. Planning Commission Review

1. The Planning Commission will review the Final Plan and the recommendations of the Township Engineer and any other reviewing agencies, to determine its conformance with the requirements of this ordinance and with those of the zoning ordinance.

2. After such review, and prior to any action by the Board within the required ninety (90) day review period, the Planning Commission shall forward its recommendations, and its reasons to the Board and the applicant. If the plan includes land in any adjacent municipality and/or directly abuts its boundaries, then such notice and recommendation should also be transmitted to the governing body of the adjacent municipality.

3. No recommendations shall be made by the Planning Commission until the Township has received the written report of the Chester County Planning Commission, the Municipal Engineer, the Pennsylvania

Department of Environmental Protection (PADEP), the Chester County Health Department and the Department of Transportation (PennDOT), if applicable, and the approval of the Chester County Soil Conservation District, provided, however, that if these reports are not received within forty-five (45) days after transmittal of the Final Plan to these agencies, then the Planning Commission may act without having received and considered such report.

1. Board Review

1. Prior to the Final Plan review process, the Board should complete its review of the proposed Sewage Facilities Planning Module in accordance with PADEP and Chester County Health Department regulations and procedures. When approved or adopted by the Board, the Planning Module shall be forwarded to PADEP for review and approval.

2. No approval of the Final Plan shall be granted by the Board until the Municipality receives notification of PADEP's approval of the Sewage Facilities Planning Module. Should such notification not be received within the time limitations for Final Plan approval in accord with the Act, the time limitations shall be extended for not more than ninety (90) days at the written consent of the applicant. If the applicant refuses to provide such written consent, the Final Plan shall be disapproved.

3. When a recommendation on a Final Plan has been submitted to the Board by the Planning Commission, such plan shall be placed on the agenda of the Board of Supervisors for review and action.

4. Upon receipt of the Planning Commission's recommendation and other supporting information, the Board may, at one or more regular or special public meetings, review the Final Plan and shall, within the time limitations set forth herein below, either approve, approve with conditions, or disapprove the plan. Whenever the approval of a Final Plan is subject to conditions, the written action of the Board shall (1) specify each condition of approval; and (2) request the applicant's written agreement to the conditions within ten days of receipt of the Board's written decision.

5. If the Final Plan is not approved, the decision shall specify the defects found in the plan, shall describe the requirements that have not been met, and shall, in each case, cite the provisions of the Ordinance relied upon.

6. Notwithstanding the foregoing procedure, unless the applicant agrees in writing to extend the time period for decision, the Board shall render a decision on all Final Plans within the statutory time limitations.

7. The decision of the Board shall be in writing and shall be communicated to the applicant as required by the Act.

8. If at any time the applicant submits a revised Final Plan, it shall be deemed a new application and shall not be accepted unless it is accompanied by the applicant's written and executed agreement of a ninety (90) day extension of the period required by the Act for decision. No new application fee shall be required for any revision submitted within two years of the first final plan application.

9. Copies of the Final Plan, as finally approved with the appropriate endorsement of the Board, shall be recorded as described in Section 307.

Conditions of Final Plan Approval

Approval of any Final Plan shall, in addition to any other applicable provisions of this ordinance, shall be subject to the following conditions:

1. The landowner shall execute a Subdivision and Land Development Agreement in accordance with Section 601 of this ordinance, verifying that he agrees to construct all required improvements and common amenities, and further verifying that he guarantees completion and maintenance of these improvements and amenities through a type of financial security acceptable to the Township.

2. Where applicable, the landowner shall execute an Escrow Agreement to cover the cost of all required improvements and common amenities, in accordance with Section 303.H of this ordinance.

3. The landowner agrees, if requested, to tender to the municipality a deed of dedication in a form satisfactory to the Township Solicitor for streets and improvements thereto, including street paving, water mains, fire hydrants, storm sewers, inlets, pumping stations and other appurtenances as shall be constructed as public improvements within the public right-of-way and are required for the promotion of public welfare, after all streets and improvements to be dedicated to the Township are completed and are certified as being satisfactory by the Township Engineer. The Board may require that the applicant provide a certificate from a duly licensed title insurance company certifying that the title to be conveyed is good and marketable, free of all liens and encumbrances, except utility easements, before any property is accepted by the municipality.

4. Whenever the landowner is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Township or a conservation organization acceptable to the Township.

5. The landowner shall submit to the municipality all required permits, approvals or waivers from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation, Environmental Protection or Public Utility Commission, U.S. Army Corps of Engineers or Department of Agriculture Soil Conservation District and the Chester County Health Department.

[Amended 5/8/87]

A. After the approved plan has been signed by a simple majority of two (2) Supervisors, attested by the Secretary and signed by the Township Planning Commission (not required of minor subdivisions) and County Planning Commission, the Township shall record the Record Final Plan in the Office of the Recorder of Deeds, West Chester, Pennsylvania within the time set forth below. [Amended 5/9/94]

B. The approved Record Final Plan shall be recorded within ninety (90) days following the date of the official Township approval of the Record Final Plan. Should the plan not be recorded within such a period, the Record Final Plan shall become null and void unless an extension of time is granted by the Board and endorsed on the Record Final Plan to be recorded.

C. Prior to recording a minimum of seven (8) copies of the approved Record Final Plan shall be taken to the Chester County Planning Commission by the Township for its endorsement to acknowledge a County review has been completed, Two (2) approved copies shall be retained by the County Planning Commission and three (3) shall be retained by the Recorder of Deeds Office and two (3) shall be returned to the Township. The Township will forward one (1) to the Chester County Health Department and one (1) to the Township Engineer. If the applicant wishes a time stamped copy of the plan he will provide additional copies of the plan. The Township shall also receive two (2) sets of mylar reproducibles of the Record Final Plans and the Improvement Construction Plans of Major Subdivisions. [Amended 5/9/941

D. The applicant shall file receipts with the Township for the Record Final Plan recordation and for any declaration of covenants required by said plan, showing the date and deed record and/or microfilm number. If the applicant has elected to provide a corporate bond or other financial security acceptable to the Board of Supervisors in an amount sufficient to cover the costs of improvements, in lieu of constructing the improvements prior to final plan approval, then no building permits shall be issued until said receipts are filed with the Township. [Amended 5/8/87]

[Amended 5/8/87]

Any revision or Resubdivision of land which includes changes to a recorded plan shall be considered a subdivision and require a resubmission of the plan in accordance with the applicable provision of this Ordinance. Any revision or Resubdivision of a lot created by a final plan that used the lot averaging option as outlined in Article IV, Section 403 of the Zoning Ordinance shall be governed by the lot averaging requirements for the original subdivision.

After final plan approval and upon completion of all required improvements, the developer shall submit an as-built plan, showing the location, dimension and elevation of all improvements. In addition, the Plan shall indicate that the resultant grading, drainage structures and/or drainage systems and erosion and sediment control practices (including vegetative measures) are in substantial conformance with the previously approved drawings and specifications. The plan shall note all deviation from the previously approved drawings. Three (3) copies of the plan shall be submitted to the Secretary of the Board of Supervisors who shall distribute them as follows:

A. One (1) copy each to the Township Engineer and the Township Planner.

B. One (1) reproducible copy to the Township files.

C. One (1) copy to the Township files. Planning Commission.

[Amended 8/8/87]

A. If the applicant decides to construct the streets shown on the final plan to a mudfree or otherwise permanently passable condition, or improved as may be required by this Ordinance and to construct whatever other improvements are shown on the final plan prior to submitting the Final Plan for final approval, then no lots may be sold until such final approval is granted.

B. If the applicant decides to provide a guarantee, which meets the requirements of Section 303.H to the Township for the construction of proposed streets and all other proposed improvements, then lots may be sold once the guarantee is accepted by the Township.

[Amended 5/8/87]

A. No occupancy permits shall be issued for any building or buildings until, and unless, the streets providing access to and from existing roads to such building or buildings are constructed to a mudfree or otherwise permanently passable condition, as well as all the other improvements as depicted upon the approved plan, either upon the lot or lots or beyond the lot or lots in question, if such improvements are necessary for the reasonable use of or occupancy of the building or buildings constructed.

B. The Township Zoning Officer shall inspect subsurface recharge basins of any size before any stone is added to determine proper depth and location of pipes. A Certificate of Occupancy (CO) will not be issued unless and until the inspection is completed. [Amended 6/10/91]

[Amended 5/8/87]

From the time an application for approval of a plat whether preliminary or final, is duly filed as provided in the Subdivision And Land Development Ordinance, 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. In addition, when a Preliminary Plan application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided.

However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations. When an application for approval of a plat, whether preliminary or final, 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 term 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. Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the Board, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.

In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the governing body in its discretion.

Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of twenty-five percent of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the governing body in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.

Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission