Final authority for approval or denial of approval for all preliminary and final subdivision and land development plans shall be vested in the Board of Supervisors. However, prior to action by the Board of Supervisors, all such plans shall be referred to the Township Planning Commission for review and recommendation; provided, however, that the failure to make such referral and/or the failure of the Planning Commission to review and/or make a recommendation with respect to any such plan shall not affect the validity of any action taken by the Board of Supervisors with respect to any such plan.[1]
[1]
Editor's Note: Original Section 401, Minor and Major Applications, which immediately followed this section, was repealed 5-1-1996.
[Added 3-4-2010 by Ord. No. 02-2010]
A. 
The applicant and representatives of the Township, who may include but need not be limited to a member or members of the Planning Commission, Historical Commission, and Open Space Committee, shall arrange and conduct a site inspection of the property when required by the Township or requested by the applicant. As deemed appropriate by the Township, professional consultants also may participate on behalf of the Township. Should the applicant subsequently submit a formal preliminary plan for this tract, he shall, as part of that application, include reimbursement to the Township for any costs associated with the professional consultants' participation in the site inspection.
[Amended 11-29-2018 by Ord. No. 06-2018]
B. 
The purpose of the site inspection is to assure that Township officials are familiar with the property’s existing conditions and special features, to identify potential site design issues and examine development approaches the applicant may be considering, and to provide an informal opportunity to discuss the site design concepts, including the general layout of open space areas (if applicable) and potential locations for proposed buildings and proposed street alignments.
C. 
Comments by Township representatives shall be interpreted as suggestive only. It shall be understood by all parties that no formal recommendations can be offered and no official decisions can be made at the site inspection.
D. 
Following the site inspection and prior to the submission of a plan, the applicant will have the opportunity to meet with the Planning Commission, Historical Commission, and/or Open Space Committee to discuss the findings of the site inspection for purposes of developing a mutual understanding of the general approach to subdividing and/or developing the tract. At the discretion of the Township, this conference may be combined with the site inspection. A written summary of the site inspection findings and subsequent discussions shall be prepared by the applicant. Such summary shall be submitted by the applicant to the other parties to the site inspection, who will be encouraged to express concurrence and/or discuss their findings with the applicant prior to the preparation of any plan. A copy of the written summary shall be submitted to the Board of Supervisors.
A. 
Although not required by this chapter, submission of a sketch plan is strongly recommended by the Township. Informal review and discussion of a sketch plan between the applicant and the Township Planning Commission can identify and clarify basic issues that may be fundamental to the site’s proposed design and use, thereby expediting subsequent required steps in the review process. Submission of a sketch plan does not constitute a formal subdivision or land development application.
[Amended 12-30-2004 by Ord. No. 04-06]
B. 
Sufficient copies of the sketch plan may be submitted to the Subdivision Officer for distribution to the Planning Commission, Historical Commission, and Township Engineer prior to the Planning Commission meeting at which the sketch plan is to be discussed. The Township, at its discretion, may submit the sketch plan to the Chester County Planning Commission for a courtesy review. The requisite number of copies shall be as determined by the Board. In addition, the applicant is strongly encouraged to provide a copy of the sketch plan and any supporting documents in electronic form.
[Amended 11-29-2018 by Ord. No. 06-2018]
C. 
The applicant is strongly urged to consult Chapter 345, Stormwater Management, and § 350-53, Natural features conservation, prior to submission of the sketch plan, in order to insure that the proposed subdivision or land development will be compatible with the requirements of that chapter and section.
[Amended 2-18-2015 by Ord. No. 01-2015]
D. 
Prior to the preparation of any plans, it is suggested that the applicant consult with the Chester County Health Department concerning soil suitability when on-site sewage disposal facilities are proposed.
E. 
The applicant should consult with the Chester County Conservation District concerning erosion and sediment control and the effect of geologic conditions on the proposed development.
F. 
The applicant should review the East Brandywine Township Comprehensive Plan and the East Brandywine Township Open Space, Recreation, and Environmental Resources Plan so as to understand the Township’s land use, open space, and environmental resource protection policies and how the proposed development can be designed to be compatible with those policies.
[Added 12-30-2004 by Ord. No. 04-06]
G. 
The Planning Commission may, as it deems necessary and appropriate, seek the views of the Parks and Recreation Board on any sketch plan submission with respect to matters of open space, recreation lands and facilities, trails, and/or sidewalks.
[Added 12-30-2004 by Ord. No. 04-07]
H. 
The East Brandywine Township Historical Commission shall review each sketch plan submitted. It shall provide a report to the Planning Commission, stating its potential concerns, if any.
[Added 11-29-2018 by Ord. No. 06-2018]
[Amended 12-30-2004 by Ord. No. 04-07; 10-3-2019 by Ord. No. 07-2019]
A. 
The Planning Commission shall, at a regular meeting at which 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, provisions for open space and trails, and compatibility of the plan with the Comprehensive Plan for the Township. Based on this review, the Planning Commission shall provide 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 any application or to vest any rights in the applicant.
B. 
The applicant may, but need not, request further review of the sketch plan by the Board. If further review is requested, the Board may consider the sketch plan, may consider the comments of the Planning Commission, and may advise the applicant as to the Board's comments with respect to the sketch plan; provided, however, that the Board is not required to review the sketch plan nor to submit comments to the applicant if the Board does review the sketch plan.
C. 
Nothing herein contained, nor the failure of the Planning Commission or the Board, or both, to proceed or act in accordance with this section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant.
A. 
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 the Board as may have been adopted by the Board at any time or from time to time and as shall be in effect and applicable to the submission at the time such submission is initiated.
B. 
Official submission of a preliminary plan to the Subdivision Officer shall consist of:
(1) 
Four copies of the application for review of preliminary subdivision or land development plan on the form promulgated by the Township for this purpose.
(2) 
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 the Board.
(3) 
Payment of application fees and deposit of escrow for plan review cost as per § 350-64B.
(4) 
A copy of the preliminary plan and all supporting documents and information in electronic form, in accordance with the terms of § 350-24A(5) of this chapter.
[Added 11-29-2018 by Ord. No. 06-2018]
C. 
Copies of the preliminary plan and all required supplemental data initially shall be submitted to the Township Secretary, together with the required fees and escrow deposit established in accordance with the terms of this chapter. The Township Secretary 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.
D. 
Upon acceptance of a complete application, together with all required fees and escrow deposits, the Township Secretary shall transmit the requisite number of copies of the plans and other required materials to the Township Planning Commission and the Township Engineer. In addition, copies shall be transmitted to:
(1) 
Chester County Planning Commission (one copy and referral letter).
(2) 
Chester County Health Department (two copies and referral letter) for review of matters relating to adequacy of the site to sustain on-site water and/or sewage disposal system.
(3) 
Chester County Conservation District (one copy), at the discretion of the Township, for review of matters relating to drainage and abatement of soil erosion. Any costs for such review shall be paid by the applicant.
(4) 
Such additional persons or agencies as the Township shall determine.
(5) 
East Brandywine Historical Commission (one complete set of plans).
[Added 10-17-2007 by Ord. No. 09-2007]
E. 
The Planning Commission may, as it deems necessary and appropriate, seek the views of the Parks and Recreation Board on any preliminary plan submission with respect to matters of open space, recreation lands and facilities, trails, and/or sidewalks.
[Added 12-30-2004 by Ord. No. 04-07]
A. 
Township Planning Commission.
(1) 
Applicants for subdivision or land development approval desiring to be on the agenda of a Planning Commission meeting must submit to the Township Secretary complete plans, as required by this chapter, and the necessary fees 15 working days before the Planning Commission meeting. In order to have revisions to plans discussed at a Planning Commission meeting, the revisions must be submitted 15 working days before the Planning Commission meeting. Plans or revisions to plans submitted within the fifteen-working-day period will be discussed at the subsequent regularly scheduled Planning Commission meeting. Revised or amended plans submitted by the applicant must be accompanied by a written narrative, explaining specifically how the revised or amended plans are changed and, where applicable, how the revisions address the recommendations or comments made by the reviewing Township consultants or any federal, county or state agency.
[Amended 6-21-1989 by Ord. No. 89-3; 4-19-2006 by Ord. No. 01-2006]
(2) 
The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by any county agency, the Township Engineer, and any other persons or entity who shall have submitted comments with respect to any such application.
(3) 
After such review, the Secretary 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 ordinances relied upon, to the following:
(a) 
Board of Supervisors.
(b) 
Applicant.
(c) 
Governing body of any adjacent municipality, if the proposed project includes land in that municipality or directly abuts its boundaries.
B. 
Board of Supervisors.
(1) 
When a preliminary plan has been officially submitted to the Board of Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action.
(2) 
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Township 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 chapter and any other applicable ordinance. The Board may specify conditions, changes, modifications, or additions to the application which the Board deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions, as prescribed in Subsection B(5) below. Revised or amended plans submitted by the applicant must be accompanied by a written narrative, explaining specifically how the revised or amended plans are changed and, where applicable, how the revisions address the recommendations or comments made by the reviewing Township consultants, or any federal, county or state agency.
[Amended 4-19-2006 by Ord. No. 01-2006]
(3) 
Unless the applicant has agreed in writing to an extension of time, all applications for preliminary approval of a plan shall be acted upon by the Board and communicated to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed or after a final order of the court remanding an application, provided that, should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.
[Amended 6-17-2009 by Ord. No. 04-2009]
(4) 
The decision of the Board 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 15 days following the decision, unless the applicant has agreed in writing to a change in the prescribed manner of presentation of communication of the decision. 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 statute or ordinance relied upon.
[Amended 6-17-2009 by Ord. No. 04-2009]
(5) 
Whenever the approval of a preliminary plan is subject to conditions, the written action of the Board as prescribed herein shall:
(a) 
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 ordinance, statute, or regulation; and
(b) 
Require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time allotted, the Board shall be deemed to have denied approval.
A. 
The final plan shall conform to the terms of approval of the preliminary plan and to the most recent administrative regulations adopted by the Board.
B. 
The Board may permit submission of the final plan in sections, pursuant to the terms of Section 508(4) of Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
C. 
Official submission of a final plan to the Township Secretary shall consist of:
(1) 
Four copies of the application for review of final subdivision or land development plan on the form promulgated by the Township for this purpose.
(2) 
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 the Board.
(3) 
Payment of application fees and deposit of escrow for plan review cost.
(4) 
A copy of the final plan and all supporting documents and information in electronic form, in accordance with the terms of § 350-25A(3) of this chapter.
[Added 11-29-2018 by Ord. No. 06-2018]
D. 
Copies of the final plan and all required supplemental data initially shall be submitted to the Township Secretary, together with the required fees and escrow deposit established in accordance with the terms of this chapter. The Township Secretary 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 of the required fees and the required escrow deposit all have been submitted.
E. 
Upon acceptance of a complete application, together with all required fees and escrow deposits, the Township Secretary shall transmit the requisite number of copies of the plans and other required materials to the Township Planning Commission and the Township Engineer. In addition, copies shall be transmitted to such additional persons or agencies as the Township shall determine. The Planning Commission may, as it deems necessary and appropriate, seek the views of the Parks and Recreation Board on any final plan submission with respect to matters of open space, recreation lands and facilities, trails, and/or sidewalks.[2]
[Amended 12-30-2004 by Ord. No. 04-07]
[2]
Editor's Note: Original Subsection F, regarding final plans for a minor subdivision, which immediately followed this subsection, was deleted 8-20-2003 by Ord. No. 03-04.
A. 
Township Planning Commission.
(1) 
The Planning Commission shall review the final plan submitted and shall consider all recommendations of the Township Engineer and any other reviewing agency submitting comments. Revised or amended plans submitted by the applicant must be accompanied by a written narrative, explaining specifically how the revised or amended plans are changed and, where applicable, how the revisions address the recommendations or comments made by the reviewing Township consultants or any federal, county or state agency.
[Amended 4-19-2006 by Ord. No. 01-2006]
(2) 
After such review, the Secretary of the Planning Commission shall submit the final plan, together with its proposed recommendation to the Township Engineer, who shall make a final review of the plan and proposed recommendations and note on the plan such review was made and the date that it was made.
[Amended 11-17-1987]
(3) 
After such review by the Township Engineer [or not later than 30 days following the submission to the Township Engineer, pursuant to Subsection A(2) above, unless the shorter period is required to comply with Section 508 of the Municipalities Planning Code,[1] or other applicable law or ordinance], the Secretary of the Planning Commission shall send written notice of the recommendation of the Planning Commission and the reasons therefor, citing specific sections of the statutes or ordinances relied upon, to:
[Amended 11-17-1987]
(a) 
The Board of Supervisors;
(b) 
The applicant; and
(c) 
The governing body of any adjacent municipality if the proposed project includes land in that municipality or bordering directly on its boundaries.
[1]
Editor's Note: See 53 P.S. § 10508.
B. 
Board of Supervisors.
(1) 
When a written report on a final plan has been officially forwarded to the Board of Supervisors by the Planning Commission, such plan shall be placed on the agenda of the Board of Supervisors for review.
(2) 
Upon receipt of the Planning Commission’s recommendation and other supporting information, the Board shall, at one or more regular or special meetings, review the final plan and shall, within the time limitations set forth hereinbelow, either approve or disapprove the plan. Notwithstanding the foregoing procedure, and unless the applicant has agreed in writing to an extension of time, all applications for final approval of a plan shall be acted upon by the Board and communicated to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed or after a final order of the court remanding an application, provided that, should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.
[Amended 4-19-2006 by Ord. No. 01-2006; 6-17-2009 by Ord. No. 04-2009]
(3) 
The decision of the Board 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 15 days following the decision, unless the applicant has agreed in writing to a change in the prescribed manner of presentation of communication of the decision. 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 statute or ordinance relied upon.
[Amended 6-17-2009 by Ord. No. 04-2009]
(4) 
Copies of the final plan as finally approved, with the appropriate endorsement of the Board of Supervisors and the Township Engineer, shall be distributed as follows:
(a) 
At least three copies, two of which shall be recorded in accordance with § 350-19, to the applicant.
(b) 
One copy to the Township Secretary.
(c) 
One copy to the County Planning Commission.
(d) 
One copy to the County Health Department.
(e) 
Two copies (one of which shall be in a clear drafting medium, such as "Mylar" (trademark) to be retained in the Township files, together with one copy of all supporting materials.
C. 
Every final plan approval shall be subject to these further conditions:
(1) 
The applicant shall execute a subdivision and land development agreement in accordance with § 350-17.
(2) 
The applicant shall provide a performance guarantee in accordance with § 350-18.
(3) 
The applicant shall, if requested, tender a deed of dedication to the Township for such streets, any and all easements for sanitary sewers, water lines, 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 as are required for the promotion of public welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Board shall require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Township.
(4) 
Whenever the applicant 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 applicant and the Township or an organization acceptable to the Township, and shall run to the benefit of the Township and lot purchasers in the subdivision or land development.
(5) 
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 § 350-50A(8) of this chapter.
[Added 10-19-1988]
(6) 
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 Pennsylvania Departments of Transportation and Environmental Protection, Public Utility Commission, and Chester County Health Department.
[Amended 10-19-1988]
The applicant shall execute an agreement, to be approved by the Township, before the final plan is released by the Board of Supervisors and filed on record. Said agreement shall specify the following, where applicable:
A. 
The applicant agrees that he will lay out and construct all streets and other improvement, 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.
B. 
The applicant guarantees completion of all improvements by means of a type of financial security acceptable to the Township, as specified in § 350-18B of this chapter.
C. 
The applicant agrees to tender a deed or deeds of dedication to the Township 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 Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer.
D. 
Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, the Board of Supervisors shall require the applicant to submit, and also to record with the plan, a copy of an agreement made with the Board 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:
(1) 
That an offer to dedicate the street shall be made only for the street as a whole.
(2) 
That the Township shall not be responsible for repairing or maintaining any undedicated streets.
(3) 
That 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) 
That the deeds to those lots abutting such street shall state that, if dedication be sought, the street shall conform to Township specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with Township specifications.
[Amended 12-30-2004 by Ord. No. 04-13]
A. 
Where the improvements set forth in § 509(a) of the Municipalities Planning Code[1] are not completed prior to approval of the final plan, the applicant shall deposit with the Township 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 detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings, and, except as provided for in Subsection F hereof, water mains and other water supply facilities, fire hydrants, sanitary sewage disposal facilities, and improvements subject to the terms of a PennDOT highway occupancy permit. The applicant shall not be required to provide financial security for the cost of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit.
[Amended 11-29-2018 by Ord. No. 06-2018]
[1]
Editor's Note: See 53 P.S. § 10509(a).
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 other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is deemed acceptable by the Township 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. 
The said financial security shall provide for, and secure to the public, the completion of all subdivision improvements for which such security is being posted within one year of the date fixed in the subdivision plan and subdivision agreement for completion of such improvements.
D. 
The amount of financial security shall be equal to 110% of the cost of the required improvements for which the financial security is to be posted. The cost of the improvements shall be established by submission to the Board of Supervisors of a bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements, or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the applicant's engineer for review and approval by the Township Engineer. If the party posting the financial security requires more than one 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 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 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 above bidding procedure.
[Amended 11-29-2018 by Ord. No. 06-2018]
E. 
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stage of development, subject to such requirements or guarantees 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 § 10508(4) of Act 247.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
F. 
If water mains, sanitary sewer lines, and/or improvements subject to the terms of a PennDOT highway occupancy permit, 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 Township, or under the jurisdiction and pursuant to the rules and regulations of PennDOT, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling utility, authority, or department and shall not be included within the financial security as otherwise required by this section.
[Amended 11-29-2018 by Ord. No. 06-2018]
G. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors 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 the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per § 350-58E of this chapter.
[Amended 10-3-2019 by Ord. No. 07-2019]
Upon the approval of a final plan by the Board and execution of a subdivision and land development agreement and posting of the necessary performance guarantee, the applicant shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plan signed by the governing body, following completion of conditions imposed for such approval, whichever is later, record a full and complete copy of such plan in the office of the Recorder of Deeds of Chester County.
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 Township Secretary a copy of the Recorder of Deeds' receipt for recording of the final plan; and a copy of the final plan submitted for recording, time-stamped by the Recorder of Deeds office.
[Amended 2-17-1997]
B. 
No application for a building permit under Chapter 399, Zoning, shall be submitted and no building permit under Chapter 399, 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 the said subdivision or land development have been approved and recorded as provided for and until the terms of Subsection A 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 Township systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from federal or local agencies, as required.
The continuing validity of any approval of plans in accordance with this article shall be subject to those limitations established by Section 508(4) of Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
Major modifications of the approved plan, as determined by the Township, shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease pending approval of modified plans.