Whenever any subdivision of land or land development
is proposed, the applicant shall apply for and secure approval of
such proposed subdivision or land development in accordance with the
following procedure:
A.
Types of plans required for subdivisions and land
developments.
B.
Filing of application.
(1)
An application is deemed formally filed when the required
number of copies of sketch, preliminary or final plans, together with
the required number of signed and completed applications, are submitted
to the Township together with the required fee.
(2)
The presentation of a sketch, preliminary and final
plan shall each be considered a separate submission and the review
period set forth in the Pennsylvania Municipalities Planning Code
shall be applicable to each submission.
(3)
Prior to any action by Township Council, an applicant
may revise a sketch, preliminary or final plan. Upon the submission
of a revised plan, the applicant shall sign a statement withdrawing
the plan upon which the revised plan is based or grant an extension
of time of the review period set forth in the Pennsylvania Municipalities
Planning Code, and upon failing either, the plan and the revised plan
shall be brought before Council for action.
[Amended 1-8-1990 by Ord. No. 460]
A.
Purpose. A sketch plan is intended to afford an applicant
with the opportunity to consult with the Township of Middletown and
the Delaware County Planning Commissions at an early stage, in an
informal manner and prior to the more formal preliminary plan procedure.
During the sketch plan procedure, an applicant may make use of the
services of both Planning Commissions to help analyze the problems
of the development and plan more adequately for its sound coordination
with the community. The sketch plan procedure also affords both Planning
Commissions the opportunity to give informal guidance to the applicant
at a stage when potential points of difference can be more easily
resolved. It can also simplify official action and save unnecessary
expense and delay.
B.
Application procedure. Where the sketch plan procedure
is used, an application shall be submitted in accordance with the
following requirements:
(1)
The application shall be made on forms available from
the Township office and shall be designated as a sketch plan.
(2)
All information requested in the application shall
be supplied, and the application shall be signed by the applicant.
(3)
The applicant shall submit the required fee, 25 copies
of the sketch plan, 11 signed and completed applications and the Delaware
County Planning Department review form and such additional plans,
applications and copies thereof as are now or hereinafter required
by reviewing agencies, regulatory agencies or Township Council to
the Township Manager or his designee.
(4)
The Township Manager shall check the submission, which
shall consist of the required number of completed and signed applications
and site plans, the Delaware County Planning Department review form
and the required fee. In the event that the submission is incomplete
in any of the foregoing respects, the Township Manager shall so advise
the applicant. The applicant may either submit the application as
tendered, in which case it shall be processed even though not complete,
or the applicant may withdraw the application for the purpose of correcting
the deficiencies noted by the Township Manager. If the applicant chooses
to withdraw the application, he shall sign a statement acknowledging
that the application has been withdrawn.
C.
Upon receipt of the submission by the Township Manager,
a copy of the application and sketch plan and the Delaware County
Planning Department review form shall be forwarded to the Delaware
County Planning Department for review and report.
D.
Review and action by council. The Township Council
shall review and evaluate the applicant's submission and any reports
submitted by the Middletown Township Planning Commission, Delaware
County Planning Department and the Township Engineer.
(1)
The Township Council shall not approve any application
until the Delaware County Planning Department's report is received
or until expiration of 30 days from the date the application was forwarded
to the county.
E.
Effect of approval of sketch plan.
(1)
When a sketch plan is approved by the Township Council,
the approval shall be:
(2)
When a sketch plan is approved by the Township Council,
if any changes are required for preliminary or final approval, those
changes shall be incorporated into the plan next to be submitted for
approval.
[Amended 1-8-1990 by Ord. No. 460]
A.
Application procedure.
(1)
The application shall be made on forms available in
the Township office and shall be designated as a preliminary plan.
(2)
All information requested in the application shall
be supplied, and the application shall be signed by the applicant.
(3)
The applicant shall submit the required fee, 25 copies
of the preliminary plan, 11 signed and completed applications, the
Delaware County Planning Department review form and such additional
plans, applications and copies thereof as are now or hereinafter required
by reviewing agencies, regulatory agencies or Township Council to
the Township Manager or his designee.
(4)
The Township Manager shall check the submission, which
shall consist of the required number of completed and signed applications
and site plans, the completed Delaware County Planning Department
review form and the required fee. In the event that the submission
is incomplete in any of the foregoing respects, the Township Manager
shall so advise the applicant. The applicant may either submit the
application as tendered, in which case it shall be processed even
though not complete, or the applicant may withdraw the application
for the purpose of correcting the deficiencies noted by the Township
Manager. If the applicant chooses to withdraw the application, he
shall sign a statement acknowledging that the application has been
withdrawn.
(5)
After
submitting the preliminary plan, the applicant shall be responsible
for notifying the abutting property owners that a preliminary plan
proposed for the subject lot has been filed, no less than 10 days
prior to the first Planning Commission meeting for which the plan
has been scheduled for review.
[Added 3-22-2010 by Ord. No. 711]
(6)
Notice
shall be made by certified mail, return receipt requested, or by other
proof of notification satisfactory to the Township. Proof of such
notification shall be presented to the Planning Commission at the
first meeting for which the plan has been scheduled for review.
[Added 3-22-2010 by Ord. No. 711]
B.
Upon receipt of the submission by the Township Manager,
a copy of the application and preliminary plan and the Delaware County
Planning Department review form shall be forwarded to the Delaware
County Planning Department for review and report.
C.
Review and action by council. The Township Council
shall review and evaluate the applicant's submission and any reports
submitted by the Middletown Township Planning Commission, Delaware
County Planning Department and the Township Engineer.
(1)
The Township Council shall not approve any application
until the Delaware County Planning Department's report is received
or until the expiration of 30 days from the date the application was
forwarded to the county.
A.
Application procedure. The application for final plans
shall be the same as the procedure for preliminary plans, unless otherwise
provided.
(1)
The word "final" shall be substituted for the word
"preliminary" whenever the latter appears.
B.
Final approval. Where a preliminary plan has been
duly approved, the applicant shall be entitled to final approval in
accordance with the terms of the approved preliminary plan, the provisions
of the Pennsylvania Municipalities Planning Code and subject to the
provision of this chapter relating to final plan approval.
[Amended 1-8-1990 by Ord. No. 460]
Every final approval shall be subject to the
following conditions and the following performance standards:
A.
The applicant shall sign a development agreement on
a form supplied by the Township, which shall include but not be limited
to the following provisions where they are applicable, which provisions
shall be the performance standards governing implementation of the
approved subdivision or land development. The applicant shall agree:
(1)
To construct or cause to be constructed, at the applicant's
own cost and expense and without any expense or cost whatsoever to
the Township, in strict conformity with the Township's ordinances
and resolutions, all public improvements contemplated by the final
plan, including but not limited to all of the following: roads, curbs,
gutters, sidewalks and other pedestrian walkways, bicycle paths, public
driveways, driveway aprons, bridges and culverts, drainage facilities,
stormwater detention and retention facilities, roadway underdrains,
public sanitary sewer systems, public water distribution systems,
fire hydrants, streetlighting, street and traffic signs, traffic control
devices shielding or protective fencing, guard rails, refuse collection
stations, public parking areas, monuments, grading and clearing, landscaping,
and tree planting within public areas, and dedicated recreational
facilities, park areas and community facilities.
(2)
To install all gas mains, water mains, sewage systems,
drainage systems, stormwater management systems and fire hydrants,
as well as all service connections to the lots within the development
which are to be installed under a road before paving such road.
(3)
To install, at applicant's own cost and expense, all
public improvements in a workmanlike manner, in accordance with the
approved plans and specifications and the Township's ordinances and
resolutions. All public improvements shall be subject to final inspection
by the Township Engineer.
(4)
To construct all public improvements according to
the construction details in the approved final plan. Any contemplated
change or rescission in the approved final plan shall be submitted
to the Township Engineer for review and Township Council for approval.
(5)
To comply with Township ordinances concerning stormwater
management and the Stormwater Management Act of 1978 as it may be
amended from time to time.
(6)
To use construction materials which are in accordance
with the Township's ordinances and resolutions.
(7)
To remove from public improvements, defective and
unsuitable materials or materials not in accordance with Township
ordinances and resolutions and replace such materials with approved
materials at applicant's own cost and expense.
(8)
To acquire and construct, at applicant's own cost
and expense, all easements for drainage and utility purposes over,
through, along and across such portions of land as may be required
to comply with the site plans and specifications. Such easements shall
include all rights and privileges necessary to construct, maintain,
restore, operate, repair, replace, reconstruct and alter such easements
and the drainage and utility facilities constructed therein.
(9)
To install all electric and telephone utilities underground
in accordance with the laws of the Commonwealth of Pennsylvania and
the regulations and orders of the Pennsylvania Public Utility Commission.
Applicant further agrees to install public sanitary sewers wherever
practical in the cartway of a road.
(10)
To set monuments along all road lines the perimeter
of the tract being developed and mark or stake the four major corners
of each lot appearing on the final plan in accordance with the provisions
of the Township's Subdivision Ordinance.
(11)
To provide public water and the necessary easements for the installation and maintenance of public water facilities in accordance with § 210-32 of this chapter.
(12)
To execute a separate sanitary sewer agreement
with the Middletown Township, Delaware County, Sewer Authority in
accordance with Ordinance No. 62, approved January 31, 1961, as amended
by Ordinance No. 227, approved November 20, 1978.
(13)
To abide by an inspection schedule set forth
in the Development Agreement. Any work covered before the inspection
period has expired without an inspection shall be uncovered at applicant's
own expense so that the Township Engineer can make the inspection.
(14)
To make the necessary arrangements, at applicant's
own cost and expense, for the erection of streetlights and the furnishing
of streetlighting until the Township has accepted the roads as part
of the road system of the Township.
(15)
To remove snow or have snow removed by the Township,
once a road or any portion thereof providing access to a building
for which a use and occupancy permit has been granted, has been paved
with a binder course. The development agreement shall specify whether
or not the applicant or the Township is responsible for snow removal
in the subdivision or land development up to the time of dedication.
Snow shall be removed promptly by the applicant in the event the applicant
elects to provide for snow removal. Upon applicant's failure to promptly
remove snow, and in no event any later than eight hours after the
snow has stopped falling, the Township is authorized to do so upon
notice to the applicant, and the applicant agrees that the Township
may be reimbursed for the costs thereof from the funds held in escrow
by the Township. In the event the Township provides for snow removal
upon the applicant's failure to do so, the Township, in the absence
of negligent or willful acts or omissions on the part of its agents,
servants, workmen or employees, shall not be responsible for any damage
or injury to roads and other public improvements and the applicant
shall indemnify and hold the Township harmless for damage or injury
occurring to the Township's equipment and to persons and other real
and personal property. In the event the applicant elects to have the
Township provide for snow removal, the applicant shall:
(a)
Provide the Township with an endorsement to
its liability insurance policy;
(b)
Indemnify and hold harmless the Township, in
the absence of negligent or willful acts or omissions on the part
of its agents, servants, workmen or employees, for damage or injury
to roads and other public improvements, to the Township's equipment
and to persons and other real and personal property; and
(c)
Reimburse the Township for the reasonable cost
of snow removal from the roads in the subdivision or land development.
(16)
To, during the course of construction, maintain
such barricades, warning lights or flares as are necessary to give
protection to the traveling public, to carry adequate liability insurance
in an amount not less than $1,000,000, and to indemnify the Township
for negligent or willful acts or omissions in the event of loss to
person or property.
(17)
To, during the course of construction, provide
for adequate disposal of construction debris and other waste material.
Applicant shall further agree not to bury or burn any waste material
on the subdivision or land development site unless the applicant has
complied with all regulations and standards of the Department of Environmental
Protection and all applicable Township ordinances and resolutions.
(18)
To clean all roads within the subdivision or
land development until such roads are dedicated to and accepted by
the Township and to keep all roads adjoining the subdivision or land
development during the period of construction free of mud and construction
debris.
(19)
To hold the Township harmless against any suits
or claims, which any adjoining property owner may bring against the
applicant, its officers, directors, agents, servants, workmen, employees
and assigns, for any conditions occurring on adjacent property, caused
or alleged to be caused by conditions arising in the subdivision or
land development, such conditions, including but not limited to injury
or damage caused to person or property by drainage water, mud, dirt
or dust and which were caused by the negligent or willful acts or
omissions of the applicant, its directors, officers, agents, servants,
workmen, employees or assigns.
(20)
To complete the work of all improvements in
accordance with the time schedule set forth in the development agreement.
(21)
To comply fully with all Township ordinances
and resolutions in regard to the construction of buildings and the
inspection of buildings during the period of construction and when
obtaining use and occupancy permits. Applicant shall agree that upon
notice of a violation of the Subdivision Ordinance, the building,
plumbing or electrical ordinances and codes,[1] or any other applicable Township ordinances and resolutions,
the Township has the right to revoke all building permits which have
been issued in the subdivision or land development and to refuse to
issue any additional building, plumbing or electrical permits or certificates
of occupancy until such violations have been corrected.
(22)
To reimburse the Township for any and all costs
incurred by the Township in connection with the review and approval
of plans, the preparation of the development and related agreements,
site inspections, the preparation of appropriate resolutions and ordinances.
Such costs shall include engineering fees, legal fees and other costs
incurred by the Township, including but not limited to the cost of
recording any instruments required under the provisions of any ordinance
or resolution of the Township, and all costs, fees and deposits required
under the Township's ordinances or resolutions. The applicant shall
further agree to deposit with the Township appropriate security for
the payment of all costs, expenses, charges and fees.
(a)
Reimbursement by the applicant to the Township
shall be based upon a schedule established by resolution. Such expense
shall be reasonable and in accordance with the ordinary and customary
fees charged by the Township Engineer or consultant for work performed
for similar service in the community, but in no event shall the fees
exceed the rate or cost charged by the Engineer or consultant to the
Township when fees are not reimbursed or otherwise imposed on applicants.
[1]
In the event that the applicant disputes the
amount of any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the Township that such expenses are disputed as unreasonable
or unnecessary, in which case the Township shall not delay or disapprove
a subdivision and/or land development application or any approval
or permit related to development due to the applicant's request over
disputed engineer expenses.
[2]
If, within 20 days from the date of billing,
the Township and the applicant cannot agree on the amount of the expenses
which are reasonable and necessary, then the applicant and Township
shall jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review said
expenses and make a determination as to the amount thereof which is
reasonable and necessary.
[3]
The professional engineer so appointed shall
hear such evidence and review such documentation as the professional
engineer in his or her sole opinion deems necessary and render a decision
within 50 days of the billing date. The applicant shall be required
to pay the entire amount determined in the decision immediately.
[4]
In the event that the Township and applicant
cannot agree upon the professional engineer to be appointed within
20 days of the billing date, then, upon application of either party,
the President Judge of the Court of Common Pleas (or, if at the time
there be no President Judge, then the senior active judge then sitting)
shall appoint such engineer, who, in that case, shall be neither the
Township Engineer nor any professional engineer who has been retained
by or performed service for the Township or the applicant within the
preceding five years.
[5]
The fee of the appointed professional engineer
for determining the reasonable and necessary expenses shall be paid
by the applicant if the amount of payment required in the decision
is equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Township shall pay the fee of the professional engineer,
but otherwise the Township and the applicant shall each pay 1/2 of
the fee of the appointed professional engineer.
(23)
When requested by the landowner or developer,
in order to facilitate financing, the Township Council shall furnish
the developer with a signed copy of a resolution indicating approval
of the final plan contingent upon the developer obtaining a satisfactory
financial security. The final plan (record plan) shall not be signed
nor recorded until the financial improvements agreement is executed.
The resolution or letter of contingent approval shall expire and be
deemed to be revoked if the financial security agreement is not executed
within 90 days, unless a written extension is granted by the Township
Council. Such extension shall not be unreasonably withheld and shall
be placed in writing at the request of the landowner or developer.
Where the approved subdivision or land development plan requires installation
of public improvements, the applicant shall agree to furnish the Township
financial security in accordance with the Pennsylvania Municipalities
Planning Code, to secure completion of all such improvements. Such
security shall provide for and secure to the public the completion
of any public improvements which shall be required within one year
of the date fixed in the subdivision or land development plan for
completion of such improvements. The amount of financial security
required shall be based upon an estimate of the cost of completion
of the required improvements, submitted by a landowner or developer
and prepared by a professional engineer licensed as such in this commonwealth
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Township, upon the recommendation of the Township
Engineer, may refuse to accept such estimate for good cause shown.
If the landowner or developer and the Township are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the Township and landowner or developer. The
estimate certified by the third engineer shall be presumed fair and
reasonable and shall be the final estimate. In the event that a third
engineer is so chosen, fees for the services of said engineer shall
be paid equally by the Township and the landowner or developer. If
the applicant requires more than one year from the date of the posting
of the financial security to complete the required public improvements,
the amount of financial security to complete the required public improvements
may be increased by an additional 10% for each one-year period beyond
the first anniversary date from the posting of the financial security
or to an amount not exceeding 110% of the cost of completing the required
public improvements as reestablished on or about the expiration of
the preceding one-year period by using the foregoing bidding procedure.
As the work of installing the required public improvements proceeds,
the applicant may request the Township Council to release or authorize
the release of, 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
Township Council, and Township Council shall have 45 days from the
receipt of such request within which to allow the Township Engineer
to certify, in writing, to the Township Council that such portion
of the work upon the improvements has been completed in accordance
with the approved final plan. Upon such certification, the Township
Manager shall authorize such interim releases by the bonding company
or lending institution of an amount as estimated by the Township Engineer
fairly representing the value of the improvements completed or, if
the Township Council fails to act within said forty-five-day period,
the Township Council shall be deemed to have approved the release
of funds as requested. The Township Council shall, prior to the final
release at the time of completion and certification by its engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
(24)
To offer to dedicate roads and other public
improvements designated for dedication on the approved final plan.
Any public improvements which are not to be dedicated to the Township
shall be noted on the preliminary and/or final plan. The Township
shall accept the offer of dedication provided:
(a)
The public improvements are completed to the
satisfaction of the Township;
(d)
Deeds of dedication or grants of easement, as
the case may be, are provided for all public improvements. In the
case of roads and open space, the offer dedicate shall be a fee simple
title, insurable by a reputable title insurance company of Pennsylvania,
and in all other instances, a perpetual easement. All documents pertaining
to the dedication of roads and other public improvements shall be
in a form approved by the Township Solicitor.
(e)
A certificate of a reputable title insurance
company, satisfactory to Township Council is provided which as of
the date of approval, shall set forth the name or names of the owner
or owners of all property covered by such plans and shall show and
shall contain a list of all mortgages, judgments, liens, easements,
contracts and agreements of record in Delaware County, Pennsylvania
which shall affect the property covered by such plans. If said certificate
of title insurance company shall disclose any such property to be
subject to any mortgage, judgment, easement, lien, contract or agreement
or other matters of record, then at the option of Township Council,
the holder or owner of such mortgage; judgment, lien, easement, contract
or agreement shall be required to join in and approve said offer of
dedication before said offer shall be acted upon by Township Council,
or to agree to release the area to be dedicated to the Township from
the lien of said mortgage, judgment or other similar encumbrance.
It is to be expressly understood that the Township does not accept
any responsibility for the maintenance of any roads or other public
improvements offered for dedication until such time as the Township
shall officially and legally accept such roads or other public improvements.
(25)
To install all street signs, street name signs
and traffic control devices in the subdivision or land development.
At the option of the Township, the Township may require the applicant
to enter into appropriate arrangements with the Township whereby the
Township will erect street signs, street name signs and traffic control
devices with the understanding that the costs and expenses for erecting
such signs and devices shall be borne by the applicant and that all
moneys advanced by the Township for erecting such signs and devices
shall be reimbursed to the Township out of the developer's escrow
fund.
(26)
To have approved and accepted by the Middletown
Township, Delaware County, Sewer Authority all sewer lines and appurtenances
located under roads and within easements for public improvements proposed
for dedication to the Township before such public improvements are
offered to the Township for dedication.
(27)
To post financial security to secure the structural
integrity of the dedicated public improvements, as well as the functioning
of said improvements, in accordance with the design and specifications
as depicted on the approved final plans for a term of 18 months from
the date of acceptance of dedication. Such financial security shall
be in accordance with the Pennsylvania Municipalities Planning Code
and shall be equal to 15% of the actual cost of installation of such
public improvements.
(28)
If financial security has been provided in lieu
of the completion of improvements required as a condition for final
plan approval, the Township shall not condition the issuance of building,
grading or other permits relating to the erection or placement of
improvements, including buildings, upon the lots or land as depicted
upon the final plan upon actual completion of the improvements depicted
upon the approved final plan. Moreover, if said financial security
has been provided, occupancy permits for any building or buildings
to be erected shall not be withheld following: the improvement of
the streets providing access to and from existing public roads to
such building or buildings, as required by this chapter and the developer's
agreement, as well as the completion of all other improvements as
depicted upon the approved final 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.
Where a subdivision or land development plan requires the applicant to seek relief from the Zoning Hearing Board of Middletown Township, the applicant shall first file an application with the Township seeking approval of the subdivision or land development plan and then seek appropriate relief from the Zoning Hearing Board of Middletown Township. In the alternative, the applicant may proceed simultaneously before the Township Council and the Zoning Hearing Board of Middletown Township. In either case, the Township's approval of the subdivision or land development plan, whether sketch, preliminary or final, shall be conditioned upon the applicant obtaining the necessary zoning relief from the Zoning Hearing Board of Middletown Township. This section shall not apply to applications filed with the Zoning Hearing Board of Middletown Township pursuant to § 275-206 of Chapter 275, Zoning.
After final plan approval and upon completion
of all required improvements and before the Township accepts dedication
of such improvements, the developer shall submit, in duplicate, an
as-built plan accurately showing the location, dimension and elevation
of all improvements, including but not limited to underground utility
lines, underground drains, storm drainage lines, sanitary sewer lines
and permanent subdivision monuments. The as-built plan shall note
all deviation from the previously approved final plan and drawings.
[Amended 1-8-1990 by Ord. No. 460]
A.
When the developer has completed all of the required
improvements, the developer shall so notify Township Council, in writing,
by certified or registered mail, and shall send a copy of the letter
to the Township Engineer. The Township Council shall, within 10 days
after receipt of such notice, direct and authorize the Township Engineer
to inspect all of the required improvements. The Township Engineer
shall, thereupon, file a report, in writing, with the Township Council
and shall promptly mail a copy of the report to the developer by certified
or registered mail. The report shall be made and mailed within 30
days after receipt by the Township Engineer of the aforesaid authorization
from Township Council. The Township Engineer's report shall be detailed
and shall indicate approval or rejection of said improvements, either
in whole or in part, and if said improvements or any portion thereof
shall not be approved or shall be rejected by the Township Engineer,
said report shall contain a statement of reasons for such nonapproval
or rejection.
B.
The Township Council shall notify the landowner or
developer, within 15 days of receipt of the Township Engineer's report,
in writing, by certified or registered mail, of the action of the
Township Council with relation thereto.
C.
If Township Council or the Township Engineer fails
to comply with the limitation provisions contained herein, all improvements
will be deemed to have been approved, and the developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of said improvements shall not be approved
or shall be rejected by the Township Council, the developer shall
proceed to complete the same, and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
E.
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question by legal proceedings
or otherwise, any determination of the Township Council or the Township
Engineer.
In the event that any required improvements
have not been installed as provided in this chapter or in accordance
with the approved final plan, the Township Council may enforce any
corporate bond or other security by appropriate legal and equitable
remedies. If the proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Township Council
may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements. All of the proceeds, whether resulting
from the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security and not for only other
municipal purpose.
[Amended 1-8-1990 by Ord. No. 460]
From the time an application for approval of
a plan, whether preliminary or final, is duly filed as provided in
this chapter and while such application is pending approval or disapproval,
no change or amendment of the Zoning or Subdivision Ordinance 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 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 plan, whether preliminary
or final, has been approved or approved subject to conditions acceptable
to the applicant, no subsequent change or amendment in the Zoning
or Subdivision Ordinance 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.
[Amended 1-8-1990 by Ord. No. 460]
A.
Within 90 days after approval of a final plan by the
Township Council, a record plan shall be filed for recording by the
developer with the Delaware County Recorder of Deeds. The record plan
shall also bear the signature of the County Planning Department indicating
review of the plan and shall be filed with the County Recorder of
Deeds before proceeding with the sale of lots or construction of buildings.
The developer shall notify the Township Council, in writing, of the
date of such recording and the plan book and page wherein such subdivision
or land development plan is located.
[Amended 12-14-1981 by Ord. No. 296]
Proposed amendments to approved final plans
shall be acted on in the same manner as the original approved plan.
